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Criminal Justice (Scotland) Act 1980

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This is the original version (as it was originally enacted).

35Prosecution appeal by bill of advocation

After section 280 of the 1975 Act there shall be inserted the following section—

“280AProsecution appeal by bill of advocation.

(1)Without prejudice to section 76A of this Act, the prosecutor's right to bring a decision under review of the High Court by way of bill of advocation in accordance with existing law and practice shall extend to the review of a decision of any court of solemn jurisdiction.

(2)Where a decision to which a bill of advocation relates is reversed on the review of the decision the prosecutor may, whether or not there has already been a trial diet at which evidence has been led, proceed against the accused by serving him with an indictment containing the charge or charges which were affected by the decision (the wording of which charge or charges shall be as it was immediately before the decision appealed against).”.

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