Criminal Procedure (Scotland) Act 1995

[F1 Transfer of rights of appeal of deceased person] U.K.

Textual Amendments

F1 S. 303A and preceding cross-heading inserted (1.8.1997 for specified purposes and otherwise 1.4.1999) by 1997 c. 48, s. 20; S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5); S.I. 1999/652, art. 2, Sch.(subject to savings and transitional provisions in art. 3)

303A [F2 Transfer of rights of appeal of deceased person.] U.K.

(1) Where a person convicted of an offence has died, any person may, subject to the provisions of this section, apply to the [F3 appropriate Appeal Court] for an order authorising him to institute or continue any appeal which could have been or has been instituted by the deceased.

(2) An application for an order under this section may be lodged with the [F4 clerk of the appropriate Appeal Court] within three months of the deceased’s death or at such later time as the [F5 appropriate Appeal Court] may, on cause shown, allow.

(3) Where the Commission makes a reference to the High Court under section 194B of this Act in respect of a person who is deceased, any application under this section must be made within one month of the reference.

(4) Where an application is made for an order under this section and the applicant—

(a) is an executor of the deceased; or

(b) otherwise appears to the [F6 appropriate Appeal Court] to have a legitimate interest,

the [F6 appropriate Appeal Court] shall make an order authorising the applicant to institute or continue any appeal which could have been instituted or continued by the deceased; and, subject to the provisions of this section, any such order may include such ancillary or supplementary provision as the [F6 appropriate Appeal Court] thinks fit.

(5) The person in whose favour an order under this section is made shall from the date of the order be afforded the same rights to carry on the appeal as the deceased enjoyed at the time of his death and, in particular, where any time limit had begun to run against the deceased the person in whose favour an order has been made shall have the benefit of only that portion of the time limit which remained unexpired at the time of the death.

(6) In this section “appeal” includes any sort of application, whether at common law or under statute, for the review of any conviction, penalty or other order made in respect of the deceased in any criminal proceedings whatsoever.

[F7 (7) In this section—

• “appropriate Appeal Court” means—

  (a)

  in the case of an appeal proposed to be instituted or continued before the High Court, the High Court;

  (b)

  in the case of an appeal proposed to be instituted or continued before the Sheriff Appeal Court, the Sheriff Appeal Court; and

• “the clerk of the appropriate Appeal Court” means—

  (a)

  in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;

  (b)

  in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.]

Textual Amendments

F2 S. 303A and preceding cross-heading inserted (1.8.1997 for specified purposes and otherwise 1.4.1999) by 1997 c. 48, s. 20; S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5); S.I. 1999/652, art. 2, Sch.(subject to savings and transitional provisions in art. 3)

F3 Words in s. 303A(1) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(21)(a) (with art. 4)

F4 Words in s. 303A(2) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(21)(b) (with art. 4)

F5 Words in s. 303A(2) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(21)(c) (with art. 4)

F6 Words in s. 303A(4) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(21)(c) (with art. 4)

F7 S. 303A(7) inserted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(21)(d) (with art. 4)