Commentary on provisions of Act Section 7: Concurrent jurisdiction New section 320B Guidance on exercise of criminal jurisdiction: Scotland
New section 320B contains provision for Scotland which corresponds to that in new section 320A for England and Wales.
	Subsection (1) provides that the Director of Service Prosecutions and Lord Advocate must agree a protocol for the handling of cases of concurrent jurisdiction in Scotland.
	Subsections (2) and (3) identify when concurrent jurisdiction arises in Scotland, taking into account the fact that there are significant differences between the criminal law in Scotland and the criminal law in England and Wales on which section 42 of the AFA 2006 is based. In particular, concurrent jurisdiction arises where the alleged criminal conduct in Scotland also directly constitutes a criminal conduct offence under section 42 of the AFA 2006 or where it constitutes a criminal conduct offence which is broadly equivalent to an offence under the law of Scotland (for example, the criminal conduct offence which corresponds to the offence in England and Wales of manslaughter and, in Scotland, culpable homicide).
	The remaining provisions correspond to the equivalent provisions in new section 320A. In particular, where the protocol applies, subsection (6) provides for the Lord Advocate to make the final decision where there is disagreement as to the appropriate jurisdiction for a case.