188 Setting aside conviction or sentence: prosecutor's consent or application
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

Disposal of appeals

188  Setting aside conviction or sentence: prosecutor's consent or application

(1)     Without prejudice to section 175(3) or (4) of this Act, where—

(a)     an appeal has been taken under section 175(2) of this Act or by suspension or otherwise and the prosecutor is not prepared to maintain the judgment appealed against he may, by a relevant minute, consent to the conviction or sentence or, as the case may be, conviction and sentence (“sentence” being construed in this section as including disposal or order) being set aside either in whole or in part; or

(b)     no such appeal has been taken but the prosecutor is, at any time, not prepared to maintain the judgment on which a conviction is founded or the sentence imposed following such conviction he may, by a relevant minute, apply for the conviction or sentence or,

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