Explanatory Notes

Criminal Justice (Scotland) Act 2016

2016 asp 1

13 January 2016

Overview of the Act

Part 5 – Appeals and Sccrc

Appeals

Section 91 – Certain lateness not excusable

240.Section 91 amends section 300A of the 1995 Act by inserting a new subsection (7A). Section 300A gives courts a general power to excuse failures to comply with procedural requirements. The amendment precludes a failure to timeously lodge certain documents from being excused under section 300A. The documents in question are those which the High Court can permit being lodged late by applying the tests that are to be amended by sections 89 and 90 of the Act (i.e. documents used to initiate appeals from, respectively, summary and solemn proceedings).