Search Legislation

Criminal Justice (Scotland) Act 2016

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Criminal Justice (Scotland) Act 2016, Section 90 is up to date with all changes known to be in force on or before 18 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

90Extending certain time limits: solemnS

This section has no associated Explanatory Notes

(1)In section 105 (appeal against refusal of application) of the 1995 Act, after subsection (3) there is inserted—

(3A)Subsection (3) does not entitle an applicant to be present at the hearing and determination of an application under section 111(2) unless the High Court has made a direction under section 111(4)(b)..

(2)Section 111 (provisions supplementary to sections 109 and 110) of the 1995 Act is amended as follows.

(3)After subsection (2) there is inserted—

(2ZA)Where an application under subsection (2) is received after the period to which it relates has expired, the High Court may extend the period only if it is satisfied that doing so is justified by exceptional circumstances.

(2ZB)In considering whether there are exceptional circumstances for the purpose of subsection (2ZA), the High Court must have regard to—

(a)the length of time that has elapsed between the expiry of the period and the making of the application,

(b)the reasons stated in accordance with subsection (2A)(a)(i),

(c)the proposed grounds of appeal..

(4)In subsection (2A)—

(a)the words “seeking extension of the period mentioned in section 109(1) of this Act” are repealed,

(b)in paragraph (a)(i)—

(i)after “failed” there is inserted “ , or expects to fail, ”,

(ii)the words “in section 109(1)” are repealed.

(5)Subsection (2C) is repealed.

(6)At the end of the section there is inserted—

(4)An application under subsection (2) is to be dealt with by the High Court—

(a)in chambers, and

(b)unless the Court directs otherwise, without the parties being present.

(5)If the High Court extends a period under subsection (2), it must—

(a)give reasons for the decision in writing, and

(b)give the reasons in ordinary language..

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 90 in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources