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Changes over time for: Section 97B
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 18/01/2016.
Changes to legislation:
Criminal Procedure (Scotland) Act 1995, Section 97B is up to date with all changes known to be in force on or before 27 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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[97BAcquittals etc. on section 97A(2)(a) submissionsS
(1)This section applies where the accused makes a submission of the kind mentioned in section 97A(2)(a).
(2)If the judge is satisfied that the evidence is insufficient in law to justify the accused's being convicted of the indicted offence, then—
(a)where the judge is satisfied that the evidence is also insufficient in law to justify the accused's being convicted of a related offence—
(i)the judge must acquit the accused of the indicted offence, and
(ii)the trial is to proceed only in respect of any other offence libelled in the indictment,
(b)where the judge is satisfied that the evidence is sufficient in law to justify the accused's being convicted of a related offence, the judge must direct that the indictment be amended accordingly.
(3)If the judge is not satisfied as is mentioned in subsection (2)—
(a)the judge must reject the submission, and
(b)the trial is to proceed as if the submission had not been made.
(4)The judge may make a decision under this section only after hearing both (or all) parties.
(5)An amendment made by virtue of this section must be sufficiently authenticated by the initials of the judge or the clerk of court.
(6)In this section, “indicted offence” and “related offence” have the same meanings as in section 97A.]
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