The Double Jeopardy (Scotland) Act 2011 (Commencement and Transitional Provisions) Order 2011
| Jurisdiction | Scotland |
| Citation | SSI 2011/365 |
| Year | 2011 |
2011 No. 365 (C. 34)
Criminal Law
The Double Jeopardy (Scotland) Act 2011 (Commencement and Transitional Provisions) Order 2011
Made 25th October 2011
Laid before the Scottish Parliament 27th October 2011
Coming into force 28th November 2011
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 15(1) and 17(3) of the Double Jeopardy (Scotland) Act 20111and all other powers enabling them to do so.
Citation and commencement
1. This Order may be cited as the Double Jeopardy (Scotland) Act 2011 (Commencement and Transitional Provisions) Order 2011 and comes into force on 28th November 2011.
Interpretation
2.—(1) In this Order—
“the 2011 Act” means the Double Jeopardy (Scotland) Act 2011;
“the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 20102;
“the first appearance of the respondent”, in relation to first proceedings3, means—
(a) where the proceedings were under solemn procedure—
(i) the respondent’s first appearance on petition; or
(ii) the respondent’s first appearance on indictment (the respondent not having appeared on petition in relation to the same matter);
(b) where the proceedings were under summary procedure, the recording of a plea of not guilty;
“the original offence” has the meanings respectively given, in relation to 2011 Act proceedings4, by sections 2(1), 3(1), 4(1) or 11(1)(a) of that Act; and in relation to section 12 of the 2011 Act, means the offence of which the respondent has been acquitted or convicted of on indictment or complaint.
(2) Any words or expressions used in this Order to which meanings are assigned by Part 6 of the 2010 Act have the same meaning as in that Act.
Appointed day
3. The provisions of the 2011 Act, in so far as not already in force, come into force on 28th November 2011.
Transitional provisions relating to the disclosure of information
4.—(1) This article applies where, in relation to 2011 Act proceedings, the first appearance of the respondent in the first proceedings was before 6th June 2011.
(2) Sections 140B to 140F of the 2010 Act have effect, for the purposes of determining whether information falls within section 140B(3), as if the provisions of Part 6 of the 2010 Act...
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