78 Special defences, incrimination and notice of witnesses, etc
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

Notice by accused

78  Special defences, incrimination and notice of witnesses, etc

(1)     It shall not be competent for an accused to state a special defence or to lead evidence calculated to exculpate the accused by incriminating a co-accused unless—

(a)     a plea of special defence or, as the case may be, notice of intention to lead such evidence has been lodged and intimated in writing in accordance with subsection (3) below. . .; or

(b)     the court, on cause shown, otherwise directs.

[(1A)     Subsection (1) does not apply where—

(a)     the accused lodges

a defence sta

tement under section 70A, and(b)     the [to a plea of diminished responsibility or] accused's defence

consists of or includes a special defence.](2)     Subsection (1) above

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