I understand that the Act defines that criminal proceedings are concluded when:-
Secondly if it is only by a courts decision or the discontinuation by Crown Office, is this only if deserted simplicter, as by any other means the accused could still be prosecuted and proceedings could still be active.
It seems unusual that there could be a circumstances where contempt of court would cease to exist at different stages following an arrest, dependent on the subsequent actions of the police.
- By acquittal or, as the case may be, by sentence;
- By any other verdict, finding, order or decision which puts an end to the proceedings;
- By discontinuation or by operation of law;
- Where the initial steps of the proceedings are as mentioned in paragraph 4(f)-
- By refusal of the application;
- If the application is granted and within the period of 2 months mentioned in section 6(3) of the Double Jeopardy (Scotland) 2011 a new prosecution is brought, by acquittal, as the case may be, by sentence in the new prosecution.
Secondly if it is only by a courts decision or the discontinuation by Crown Office, is this only if deserted simplicter, as by any other means the accused could still be prosecuted and proceedings could still be active.
It seems unusual that there could be a circumstances where contempt of court would cease to exist at different stages following an arrest, dependent on the subsequent actions of the police.