[300A Power of court to excuse procedural irregularities]
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

[Excusal of irregularities]

[300A  Power of court to excuse procedural irregularities]

[(1)     Any court may excuse a procedural irregularity—

(a)     of a kind described in subsection (5) below; and

(b)     which has occurred in relation to proceedings before that court,

if the conditions mentioned in subsection (4) below are met.

(2)     In appeal proceedings, the High Court may excuse a procedural irregularity—

(a)     of that kind; and

(b)     which has occurred in relation to earlier proceedings in the case that is the subject of the appeal,

if those conditions are met.

(3)     A court may proceed under subsection (1) or (2) above on the application of the prosecutor or an accused person (having given the other an opportunity to be heard).

(4)     The conditions are that—

(a)     it appears to the court that the irregularity arose because of—

(i)     mistake or oversight; or

(ii)     other excusable reason; and

(b)     the court is

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