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Age of Criminal Responsibility (Scotland) Act 2019

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38Appeal against decision under section 36S

(1)An appeal taken to the Sheriff Appeal Court under section 110 of the Courts Reform (Scotland) Act 2014 against a decision of the sheriff under section 36 may be taken only where the sheriff, on an application made by a constable or by or on behalf of the child to whom the decision relates, gives permission.

(2)Permission to appeal against such a decision must be applied for—

(a)where an order is made under section 36, before the end of the period of 3 working days beginning with the day after the day on which the child is provided with a copy of the order under section 37,

(b)where the sheriff refuses to make such an order, before the end of the period of 3 working days beginning with the day after the day on which the decision is made.

(3)An appeal against the decision of the sheriff under section 36 must be taken before the end of the period of 3 working days beginning with the day on which permission to appeal is given.

(4)A decision of the Sheriff Appeal Court on an appeal against the sheriff's decision is final.

(5)Subsection (6) applies where—

(a)the Sheriff Appeal Court upholds or varies the order appealed against, and

(b)the order as upheld or varied authorises an action mentioned in section 36(4) which, at the time the appeal is determined, has not been carried out.

(6)The Sheriff Appeal Court may, in substitution for the period mentioned in section 36(5), specify a period for which any such action is authorised.

(7)Any period specified by virtue of subsection (6) must not exceed 7 days beginning with the day on which the appeal is determined.

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