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Criminal Procedure (Scotland) Act 1975

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This is the original version (as it was originally enacted).

442Appeal by stated case

On the final determination of any summary prosecution, either party may, notwithstanding any provision in any statute excluding review, make application to the court to state a case for the opinion of the High Court, and on such application being made the court, subject to the conditions hereinafter mentioned, shall be bound to state a case for such opinion, and it shall thereupon be competent to appeal to, and to bring under the review of, the High Court by stated case—

(a)the relevancy of the complaint;

(b)any irregularity in procedure;

(c)any alleged error of the court in point of law ; and

(d)generally any matter which might immediately before the commencement of this Act have been competently reviewed by suspension, advocation, or appeal under the Heritable Jurisdictions (Scotland) Act 1746 or otherwise.

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