SCHEDULE 5MODIFICATIONS OF ENACTMENTS
PART 2SHERIFF APPEAL COURT
Criminal Justice and Licensing (Scotland) Act 2010
I117
1
The Criminal Justice and Licensing (Scotland) Act 2010 is amended in accordance with this paragraph.
2
In section 6 (effect of sentencing guidelines)—
a
for subsection (4), substitute—
4
Subsection (5) applies where, on an appeal in any case—
a
the High Court of Justiciary passes another sentence under one of the following provisions of the 1995 Act—
i
section 118(3),
ii
section 118(4)(b),
iii
section 118(4A)(b),
iv
section 118(4A)(c)(ii), or
b
the Sheriff Appeal Court or the High Court passes another sentence under section 189(1)(b) of that Act.
b
in subsection (5), after “Court” insert “
or, as the case may be, the Sheriff Appeal Court
”
.
3
After section 8, insert—
8ASheriff Appeal Court's power to require preparation or review of sentencing guidelines
1
Where the Sheriff Appeal Court pronounces an opinion under section 189(7) of the 1995 Act, the Court may require the Council to—
a
prepare, for the approval of the High Court of Justiciary, sentencing guidelines on any matter, or
b
review any sentencing guidelines published by the Council on any matter.
2
On making a requirement under subsection (1), the Sheriff Appeal Court must state its reasons for doing so.
3
The Council must comply with a requirement made under subsection (1) and, in doing so, must have regard to the Sheriff Appeal Court's reasons for making the requirement.
4
In section 9 (publication of High Court guideline judgments)—
a
in subsection (1), for “or 189(7) of the 1995 Act” substitute “
of the 1995 Act and opinions of the Sheriff Appeal Court or the High Court pronounced under section 189(7) of that Act
”
,
b
in subsection (2), after “High Court” insert “
or the Sheriff Appeal Court
”
,
c
the title of the section becomes “
Publication of High Court and Sheriff Appeal Court guideline judgments
”
.
5
In section 13 (annual report of the Scottish Sentencing Council), in subsection (3)—
a
the word “and” immediately following paragraph (d) is repealed,
b
after paragraph (e) insert
, and
f
requirements made by the Sheriff Appeal Court under section 8A and of the Council's response to them.