Modifications etc. (not altering text)
C1 Pt. 8 (ss. 103-132): power to modify or apply (with modifications) conferred (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , ss. 94(2) , 104 ; S.S.I. 2007/84 , art. 3(2)
(1)This section applies where—
(a)an appeal brought under section 107A or 107B is not an expedited appeal, and
(b)the appeal is not against an acquittal.
(2) The court of first instance must desert the diet pro loco et tempore in relation to any offence to which the appeal relates.
(3)The trial is to proceed only if another offence of which the accused has not been acquitted and to which the appeal does not relate is libelled in the indictment.
(4) However, if the prosecutor moves for the diet to be deserted pro loco et tempore in relation to such other offence, the court must grant the motion.
(5)If the prosecutor seeks leave to bring a new prosecution charging the accused with the same offence as that libelled in the indictment, or a similar offence arising out of the same facts as the offence libelled in the indictment, the High Court must grant the prosecutor authority to do so in accordance with section 119, unless the court considers that it would be contrary to the interests of justice to do so.]
Textual Amendments
F1Ss. 107A-107F inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 74, 206(1); S.S.I. 2011/178, art. 2, sch.