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Criminal Procedure (Scotland) Act 1975
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Criminal Procedure (Scotland) Act 1975, Section 447 is up to date with all changes known to be in force on or before 23 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act certain function transferred. by 1994 c. 39 s. 127(1) 128
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 168(c)(ii) amended (prosp.) by 1995 c. 36 s. 105(4) Sch. 4 para. 24(6)(b)
- s. 364(c)(ii) amended (prosp.) by 1995 c. 36 s. 105(4) Sch. 4 para. 24(14)(b)
- s. 413(3) (defn.of "the appropriate local authority") para. (a)(b) amended by 1994 c. 39 Sch. 13 para. 97(5)
- s. 413(3) (defns. of "care" and "the 1968 Act") repealed (prosp.) by 1995 c. 36 s. 105(4)(5) Sch. 4 para. 24(17)(b)(i) Sch. 5
- s. 462 (defns. of "child" "children's hearing" "place of safety" "residential establishment" and "supervision requirement") amended (prosp.) by 1995 c. 36 s. 105(4) Sch. 4 para. 24(18)
- s. 462 (defns. of "crime" and "prosecutor") applied (prosp.) by 1995 c. 36 s. 53(7)
447 Draft stated case to be prepared.S
[F1(1)Within three weeks of the final determination of proceedings in respect of which an application for a stated case is made under section 444 of this Act—
(a)where the appeal is taken from the district court and the trial was presided over by a justice of the peace or justices of the peace, [F2the clerk of court]; or
(b)in any other case the judge who presided at the trial,
shall prepare a draft stated case, and the clerk of the court concerned shall forthwith issue the draft to the appellant or his solicitor and a duplicate thereof to the respondent or his solicitor.]
(2)A stated case shall be in the form, as nearly as may be, . . . F3 of the appropriate form contained in an Act of Adjournal under this Act, and shall set forth the particulars of any matters competent for review which the appellant desires to bring under the review of the High Court, and of the facts, if any, proved in the case, and any point of law decided, and the grounds of the decision.
Textual Amendments
F1S. 447(1) substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 3 para. 6, Sch. 6 para. 7
F2Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 23(2), Sch. 2 para. 20
F3Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 63:1), Sch. 6 para. 1, Sch. 8
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