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Schedule 14, paragraph 3(9)

EPA 1990

For the purposes of this section in its application to Scotland— proceedings for an offence are instituted— on the granting by the sheriff of a warrant in respect of the offence on presentation of a petition under section 12 of the Criminal Procedure (Scotland) Act 1975; when, in the absence of a warrant or citation, the master or owner is first brought before a court competent to deal with the case; when, in a case where he is liberated upon a written undertaking in terms of section 18(2)(a), 294(2)(a) or 295(1)(a) of the Criminal Procedure (Scotland) Act 1975, the master or owner appears at the specified court at the specified time; when, in a case mentioned in paragraph (iii) above where the master or owner fails to appear at the specified court at the specified time, the court grants warrant for his apprehension; when summary proceedings are commenced in terms of section 331(3) of the Criminal Procedure (Scotland) Act 1975; and proceedings for an offence are concluded without the master or owner being convicted on the occurrence of one of the following events— the court makes a finding of not guilty or not proven against the master or owner in respect of the offence; the proceedings are expressly abandoned (other thanpro loco et tempore) by the prosecutor or are deserted simpliciter; the conviction is quashed; the accused receives Her Majesty’s pardon in respect of the conviction.

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Source: legislation.gov.uk · retrieved 2026-07-30