Commentary on Provisions Part 3 – General Section 25 – Crown application
185.Subsection (1) of this section has the effect that nothing in or under this Act makes the Crown criminally liable.
186.By virtue of subsection (2), however, the Lord Advocate may apply to the Court of Session for a declarator of unlawfulness in respect of any act or omission for which the Crown would be criminally liable but for this section.
187.Subsection (3) provides that the Crown exemption from criminal liability in subsection (1) does not affect the criminal liability of persons in the service of the Crown.