Detailed Provisions Part 4: Financial redress: redress payments Chapter 6: Provision of information and evidence Section 86: Crown application in relation to offences under section 84
250.Subsection (1) states that the Crown cannot be held criminally liable for any offence committed in relation to a notice or request to provide evidence. However, the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1). Subsection (1) does not affect the criminal liability of individual persons in the service of the Crown such as civil servants or other officials engaged by Crown bodies who may be held criminally liable as individuals for any offence committed under section 84.