Point in time view as at 28/03/2011.
Criminal Procedure (Scotland) Act 1995, Section 97C is up to date with all changes known to be in force on or before 06 March 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.
(1)This section applies where the accused makes a submission of the kind mentioned in section 97A(2)(b).
(2)If the judge is satisfied that there is no evidence to support some part of the circumstances set out in the indictment, 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.]
Textual Amendments
F1Ss. 97A-97D inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 73, 206(1); S.S.I. 2011/178, art. 2, sch.
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
