Double Jeopardy (Scotland) Bill: Stage 3

Part of the debate – in the Scottish Parliament on 22nd March 2011.

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Photo of Kenny MacAskill Kenny MacAskill Scottish National Party

Section 4 will permit the retrial of an acquitted person when that person was originally prosecuted in the High Court and new evidence strongly suggests that the case should be retried. Amendment 2 is a minor technical change that is designed to make it clear that that exception covers acquittals secured not only at the original trial, but on appeal.

Amendments 3 and 4 are minor technical amendments inspired by a question that was raised by Robert Brown at stage 2, when he queried whether the reference in section 9 to “justice of the peace” covered stipendiary magistrates. After reflecting on his point, we think that there is a potential gap and that it would be worth making a small modification. The amendment adopts the language used in the Criminal Proceedings etc (Reform) (Scotland) Act 2007, which refers to

“justice of the peace courts” rather than to individual justices of the peace. The change makes it completely clear that stipendiary magistrates are covered by the provision. I am grateful to Mr Brown.

I move amendment 2.

Amendment 2 agreed to.

Section 9—Plea in bar of trial: nullity of previous trial

Amendments 3 and 4 moved—[Kenny MacAskill]—and agreed to.

After section 12