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Criminal Procedure (Scotland) Act 1975

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This is the original version (as it was originally enacted).

254Determination of appeals

(1)The High Court on an appeal against conviction shall allow the appeal if they think—

(a)that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence, or

(b)that the judgment of the court before whom the appellant was convicted should be set aside on the ground of a wrong decision of any question of law, or

(c)that on any ground there was a miscarriage of justice,

and in any other case shall dismiss the appeal:

Provided that the court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no substantial miscarriage of justice has actually occurred.

(2)Subject to the special provisions of this Part of this Act the High Court shall, if they allow an appeal against conviction, quash the conviction.

(3)On any appeal against conviction the High Court shall have the like power to quash the sentence passed and to pass another sentence as is conferred on the High Court by subsection (4) of this section in the case of an appeal against sentence.

(4)On any appeal against sentence the High Court shall, if they think that a different sentence should have been passed, quash the sentence passed and pass such other sentence warranted in law (whether more or less severe) in substitution therefor as they think ought to have been passed, and in any other case shall dismiss the appeal.

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