Let us say someone (D) commits an offence under an Act of Parliament applicable to both England & Wales and Scotland, and the circumstances mean that both England & Wales and Scotland have jurisdiction (such as perhaps a cross-border fraud crime).
- The (Scottish) Crown Office and Procurator Fiscal Service (COPFS) charges D, and D is acquitted. Subsequently, the (English & Welsh) Crown Prosecution Service (CPS) charges D for the same offence under the same Act and the same set of facts.
- The CPS charges D, and D is acquitted. Subsequently, the COPFS charges D for the same offence under the same Act and the same set of facts.
In either case, can the second prosecution against D be stopped on the grounds of double jeopardy, under English and Scots law, respectively?