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Double Jeopardy (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Double jeopardy

    1. 1.Rule against double jeopardy

  3. Exceptions to rule against double jeopardy

    1. 2.Tainted acquittals

    2. 3.Admission made or becoming known after acquittal

    3. 4.New evidence

  4. Exceptions to rule against double jeopardy: common provisions

    1. 5.Applications under sections 2, 3 and 4

    2. 6.Further provision about prosecutions by virtue of sections 2, 3 and 4

  5. Plea in bar of trial

    1. 7.Plea in bar of trial that accused has been tried before

    2. 8.Plea in bar of trial for murder: new evidence and admissions

    3. 9.Plea in bar of trial: nullity of previous trial

    4. 10.Plea in bar of trial: previous foreign proceedings

  6. Other subsequent prosecutions

    1. 11.Eventual death of injured person

    2. 12.Nullity of proceedings on previous indictment or complaint

  7. Disclosure of information

    1. 13.Disclosure of information

  8. General

    1. 14.Retrospective application of Act

    2. 15.Transitional provision etc.

    3. 16.Consequential amendments

    4. 17.Short title, interpretation and commencement

    1. SCHEDULE

      CONSEQUENTIAL AMENDMENTS

      1. 1.Contempt of Court Act 1981

      2. 2.After paragraph 1 (meaning of “criminal proceedings” and “appellate proceedings”),...

      3. 3.In paragraph 4 (initial steps of criminal proceedings), after sub-paragraph...

      4. 4.In paragraph 5 (conclusion of criminal proceedings), after sub-paragraph (c)...

      5. 5.In paragraph 7 (discontinuance of proceedings), after sub-paragraph (c) insert—...

      6. 6.Criminal Procedure (Scotland) Act 1995

      7. 7.In section 94 (transcripts of record and documentary productions), after...

      8. 8.In section 107 (leave to appeal), after subsection (2) insert—...

      9. 9.In section 109 (intimation of intention to appeal), after subsection...

      10. 10.In section 110 (note of appeal), after subsection (3) insert—...

      11. 11.In section 113 (judge’s report)— (a) in subsection (1), at...

      12. 12.In section 118 (disposal of appeals), after subsection (1) insert—...

      13. 13.After section 176 insert— Application of section 176 in relation...

      14. 14.In section 178 (stated case: preparation of draft), after subsection...

      15. 15.In section 179 (stated case: adjustment and signature), after subsection...

      16. 16.In section 183 (stated case: disposal of appeal), after subsection...

      17. 17.Criminal Justice and Licensing (Scotland) Act 2010

      18. 18.In section 116 (meaning of “information”)— (a) after subsection (2)...

      19. 19.In section 141 (application for section 145 order)—

      20. 20.In section 142 (application for non-notification order or exclusion order)—...

      21. 21.In section 143 (application for non-notification order and exclusion order),...

      22. 22.In section 145 (application for section 145 order: determination)—

      23. 23.In section 146 (order preventing or restricting disclosure: application by...

      24. 24.In section 147 (application for ancillary orders: Secretary of State),...

      25. 25.In section 150 (special counsel), in subsection (10)—

      26. 26.In section 152 (role of special counsel), after subsection (5)...

      27. 27.In section 153 (appeals), in subsection (10)—

      28. 28.In section 155 (review of section 145 order)—

      29. 29.In section 156 (review of section 146 order)—

      30. 30.In section 158 (applications and reviews: general provisions)—

      31. 31.In section 160 (means of disclosure), in subsection (9)—

      32. 32.In section 162 (confidentiality of disclosed information), for subsection (8)...

      33. 33.In section 166 (abolition of common law rules about disclosure)—...

      34. 34.In section 167 (interpretation of Part 6)—

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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