Double Jeopardy (Scotland) Act 2011
| Jurisdiction | Scotland |
| Citation | 2011 asp 16 |
| Year | 2011 |
the original offence,any other offence of which it would have been competent to convict the person on the original indictment or complaint, orarises out of the same, or largely the same, acts or omissions as gave rise to the original indictment or complaint, andis an aggravated way of committing the original offence.(2) Subsection (1) is subject to sections 2, 3 and 4 and is without prejudice to sections 107E(3) (prosecutor's appeal against acquittal: authorisation of new prosecution) , 118(1) (c) (disposal of appeals) , 119 (provision where High Court authorises new prosecution) , 183(1) (d) (stated case: disposal of appeal) and 185 (authorisation of new prosecution) of the 1995 Act.the person being found guilty of the offence,the prosecutor accepting the person's plea of guilty to the offence, orthe court making an order under section 246(3) of the 1995 Act discharging the person absolutely in relation to the offence,section 247(1) (conviction of person placed on probation or absolutely discharged deemed not to be a conviction) of the 1995 Act does not apply, andit is immaterial whether or not sentence is passed.the original offence,any other offence of which it would have been competent to convict the person on the original indictment or complaint,arises out of the same, or largely the same, acts or omissions as gave rise to the original indictment or complaint, andis an aggravated way of committing the original offence.set aside the acquittal, andgranted authority to bring a new prosecution.is satisfied that the acquitted person or some other person has (or the acquitted person and some other person have) been convicted of an offence against the course of justice in connection with the proceedings on the original indictment or complaint, orconcludes on a balance of probabilities that the acquitted person or some other person has (or the acquitted person and some other person have) committed such an offence against the course of justice.is unable to conclude that the interference had no effect on the outcome of the proceedings on the original indictment or complaint, andis satisfied that it is in the interests of justice to do so.(5) But the acquittal is not to be set aside if, in the course of the trial, the interference (being interference with a juror and not with the trial judge) became known to the trial judge, who then allowed the trial to proceed to its conclusion.on a balance of probabilities as to the matters mentioned in subsection (7) , andthat it is in the interests of justice to do so.the withholding of evidence which, had it been given, would have been capable of being regarded as credible and reliable by a reasonable jury, orthe giving of false evidence which was capable of being so regarded, andthat the withholding, or as the case may be the giving, of the evidence was likely to have had a material effect on the outcome of the proceedings on the original indictment or complaint.an offence under section 45(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) (aiding, abetting, counselling, procuring or suborning the commission of an offence under section 44 of that Act) ,subornation of perjury, andbribery,perjury, oran offence under section 44(1) of that Act (statement on oath which is false or which the person making it does not believe to be true) .the original offence,an offence mentioned in subsection (2) (a “relevant offence”) .an offence (other than the original offence) of which it would have been competent to convict the person on the original indictment or complaint, orarises out of the same, or largely the same, acts or omissions as gave rise to the original indictment or complaint, andis an aggravated way of committing the original offence.the person admits to committing the original offence or a relevant offence, orsuch an admission made by that person before the acquittal becomes known, andset aside the acquittal, andgranted authority to bring a new prosecution.in the case of an admission such as is mentioned in subsection (3) (a) (ii) , that the admission was not known, and
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