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Criminal Procedure (Scotland) Act 1975, Section 263A is up to date with all changes known to be in force on or before 26 April 2024. 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.
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(1)Where a person tried on indictment is acquitted [F3or convicted]of a charge, the Lord Advocate may refer a point of law which has arisen in relation to that charge to the High Court for their opinion; and the Clerk of Justiciary shall send to the person and to any solicitor who acted for the person at the trial, a copy of the reference and intimation of the date fixed by the court for a hearing.
(2)The person may, not later than seven days before the date so fixed, intimate in writing to the Clerk of Justiciary and to the Lord Advocate either—
(a)that he elects to appear personally at the hearing; or
(b)that he elects to be represented thereat by counsel;
but, except by leave of the Court on cause shown, (and without prejudice to his right to attend), he shall not appear or be represented at the hearing other than by and in conformity with an election under this subsection.
(3)Where there is no intimation under subsection (2)(b) above, the High Court shall appoint counsel to act at the hearing asamicus curiae.
(4)The costs of representation elected under subsection (2)(b) above or of an appointment under subsection (3) above shall, after being taxed by the Auditor of the Court of Session, be paid by the Lord Advocate.
(5)The opinion on the point referred under subsection (1) above shall not affect the acquittal [F4or, as the case may be, conviction]in the trial.]]
Textual Amendments
F2Act repealed (S.) (1.4.1996) by Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 6(1), Sch. 5 (with savings in ss. 4, 6(2), Sch. 3 paras. 3, 16, Sch. 6)
F3Words in s. 263A(1) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 91(a); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2
F4Words in s. 263A(5) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 91(b); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2
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