Criminal Justice and Licensing (Scotland) Act 2010

160 Means of disclosure S

(1) This section applies where by virtue of this Part the prosecutor is required to disclose information to an accused.

(2) The prosecutor may disclose the information by any means.

(3) In particular, the prosecutor may disclose the information by enabling the accused to inspect it at a reasonable time and in a reasonable place.

(4) Subsection (5) applies if the information is contained in—

(a) a precognition,

(b) a victim statement,

(c) a statement given by a person whom the prosecutor does not intend to call to give evidence in the proceedings, or

(d) where the proceedings relating to the accused are summary proceedings, a statement given by a person whom the prosecutor intends to call to give evidence in the proceedings.

(5) In complying with the requirement, the prosecutor need not disclose the precognition or, as the case may be, statement.

(6) Subsection (7) applies where the proceedings relating to the accused are solemn proceedings and—

(a) the information is contained in a statement given by a person whom the prosecutor intends to call to give evidence in the proceedings, or

(b) the information is contained in a statement and the prosecutor intends to apply under section 259 of the 1995 Act to have evidence of the statement admitted in the proceedings.

(7) In complying with the requirement, the prosecutor must disclose a copy of the statement (but subsections (2) and (3) continue to apply).

(8) This section is subject to any provision made by an order under section 145(7), 146(11), 155(6) or 156(6).

(9) In this section—

• [F1 “ accused ” includes—

  (a)

  appellant or, in any case relating to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies, and

  (b)

  respondent,]

• “appellant” has the meaning given by section 132.

• [F2 “ respondent ” has the meaning given by section 140A. ]

Textual Amendments

F1 Words in s. 160(9) substituted (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), s. 17(3), Sch. para. 31(a); S.S.I. 2011/365, art. 3

F2 Words in s. 160(9) inserted (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), s. 17(3), Sch. para. 31(b); S.S.I. 2011/365, art. 3

Commencement Information

I1 S. 160 in force at 6.6.2011 by S.S.I. 2011/178 , art. 2 , Sch.