119 Provision where High Court authorises new prosecution
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

119  Provision where High Court authorises new prosecution

(1)     Subject to subsection (2) below, where authority is granted under section 118(1)(c) [or 107E(3) or 107F(5)] of this Act, a new prosecution may be brought charging the accused with the same or any similar offence arising out of the same facts; and the proceedings out of which the appeal arose shall not be a bar to such new prosecution.

[(2)     In a new prosecution under this section—

(a)     where authority for the prosecution is granted under section 118(1)(c), the accused must not be charged with an offence more serious than that of which the accused was convicted in the earlier proceedings,

(b)     where authority for the prosecution is granted under section 107E(3), the accused must not be charged with an offence more serious than that of which the accused was acquitted in the earlier proceedings,

(c)     where authority

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