Search Legislation

Criminal Procedure (Scotland) Act 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Cross Heading: Appeals against sentence is up to date with all changes known to be in force on or before 23 August 2019. 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. Help about Changes to Legislation

Close

Changes to Legislation

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.

View outstanding changes

Changes and effects yet to be applied to Part X Crossheading Appeals-against-sentence:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Appeals against sentenceS

186 Appeals against sentence only.S

(1)An appeal under section [F1175(2)(b), (c) or (cza)] F2..., or by virtue of section 175(4), of this Act shall be by note of appeal, which shall state the ground of appeal.

(2)The note of appeal shall, where the appeal is—

(a)under section [F1175(2)(b), (c) or (cza)] F2... be lodged, within one week of—

(i)the passing of the sentence; F3. . . [F4 or]

(ii)the making of the order disposing of the case or deferring sentence; F5...

F5(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

with the clerk of the court from which the appeal is to be taken; or

(b)by virtue of section 175(4) be so lodged within four weeks of such passing or making.

(3)The clerk of court on receipt of the note of appeal shall—

(a)send a copy of the note to the respondent or his solicitor; and

(b)obtain a report from the judge who sentenced the convicted person or, as the case may be, who disposed of the case or deferred sentence.

(4)Subject to subsection (5) below, the clerk of court shall within two weeks of the passing of the sentence or within two weeks of the disposal or order against which the appeal is taken—

(a)send to the [F6Clerk of the Sheriff Appeal Court] the note of appeal, together with the report mentioned in subsection (3)(b) above, a certified copy of the complaint, the minute of proceedings and any other relevant documents; and

(b) send copies of that report to the appellant and respondent or their solicitors.

(5)[F7The sheriff principal of the sheriffdom in which the judgment was pronounced may, on cause shown,] extend the period of two weeks specified in subsection (4) above for such period as he considers reasonable.

(6)Subject to subsection (4) above, the report mentioned in subsection (3)(b) above shall be available only to the [F8Sheriff Appeal Court], the parties and, on such conditions as may be prescribed by Act of Adjournal, such other persons or classes of persons as may be so prescribed.

(7)Where the judge’s report is not furnished within the period mentioned in subsection (4) above or such period as extended under subsection (5) above, the [F9Sheriff Appeal Court] may extend such period, or, if it thinks fit, hear and determine the appeal without the report.

(8)Section 181 of this Act shall apply where an appellant fails to comply with the requirement of subsection (2)(a) above as they apply where an applicant fails to comply with any of the requirements of section 176(1) of this Act.

(9)An appellant under section [F1175(2)(b), (c) or (cza)] F10..., or by virtue of section 175(4), of this Act may at any time prior to the hearing of the appeal abandon his appeal by minute, signed by himself or his solicitor, lodged—

(a)in a case where the note of appeal has not yet been sent under subsection (4)(a) above to the [F11Clerk of the Sheriff Appeal Court], with the clerk of court;

(b)in any other case, with the [F12Clerk of the Sheriff Appeal Court],

and intimated to the respondent.

(10)Sections 176(5), 177 and 182(5)(a) to (e) of this Act shall apply to appeals under section [F1175(2)(b), (c) or (cza)] F10..., or by virtue of section 175(4), of this Act as they apply to appeals under section 175(2)(a) or (d) of this Act, except that, for the purposes of such application to any appeal by virtue of section 175(4), references in subsections (1) to (4) of section 177 to the appellant shall be construed as references to the convicted person and subsections (6) and (7) of that section shall be disregarded.

Textual Amendments

Modifications etc. (not altering text)

C1S. 186(4)(b) excluded by 2006 asp 10, s 96A(5) (as 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. 9(6) (with art. 4))

187 Leave to appeal against sentence.S

(1)The decision whether to grant leave to appeal for the purposes of section [F13175(2)(b), (c) or (cza)] F14... of this Act shall be made by [F15an Appeal Sheriff] of the [F16Sheriff Appeal Court] who shall—

(a)if he considers that the note of appeal and other documents sent to the [F17Clerk of the Sheriff Appeal Court] under section 186(4)(a) of this Act disclose arguable grounds of appeal, grant leave to appeal and make such comments in writing as he considers appropriate; and

(b)in any other case—

(i)refuse leave to appeal and give reasons in writing for the refusal; and

(ii)where the appellant is on bail and the sentence imposed on his conviction is one of imprisonment, grant a warrant to apprehend and imprison him.

(2)A warrant granted under subsection (1)(b)(ii) above shall not take effect until the expiry of the period of 14 days mentioned in subsection (3) below [F18(and if that period is extended under subsection (3A) below before the period being extended expires, until the expiry of the period as so extended)] without an application to the [F19Sheriff Appeal Court] for leave to appeal having been lodged by the appellant under [F20subsection (3) below].

(3)Where leave to appeal is refused under subsection (1) above the appellant may, within 14 days of intimation under subsection (9) below, apply to the [F21Sheriff Appeal Court] for leave to appeal.

[F22(3A)The [F23Sheriff Appeal Court] may, on cause shown, extend the period of 14 days mentioned in subsection (3) above, or that period as extended under this subsection, whether or not the period to be extended has expired (and if that period of 14 days has expired, whether or not it expired before section 25(3) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) came into force).]

(4)In deciding an application under subsection (3) above the [F24Sheriff Appeal Court] shall—

(a)if, after considering the note of appeal and other documents mentioned in subsection (1) above and the reasons for the refusal, it is of the opinion that there are arguable grounds of appeal, grant leave to appeal and make such comments in writing as he considers appropriate; and

(b)in any other case—

(i)refuse leave to appeal and give reasons in writing for the refusal; and

(ii)where the appellant is on bail and the sentence imposed on his conviction is one of imprisonment, grant a warrant to apprehend and imprison him.

(5)The question whether to grant leave to appeal under subsection (1) or (4) above shall be considered and determined in chambers without the parties being present.

(6)Comments in writing made under subsection (1)(a) or (4)(a) above may, without prejudice to the generality of that provision, specify the arguable grounds of appeal (whether or not they are contained in the note of appeal) on the basis of which leave to appeal is granted.

(7)Where the arguable grounds of appeal are specified by virtue of subsection (6) above it shall not, except by leave of the [F25Sheriff Appeal Court] on cause shown, be competent for the appellant to found any aspect of his appeal on any ground of appeal contained in the note of appeal but not so specified.

(8)Any application by the appellant for the leave of the [F26Sheriff Appeal Court] under subsection (7) above—

(a)shall be made [F27within 14 days of the date of intimation under subsection (9) below]; and

(b)shall, [F28within 14 days of] that date, be intimated by the appellant to the [F29prosecutor].

[F30(8A)The [F31Sheriff Appeal Court] may, on cause shown, extend the periods of 14 days mentioned in subsection (8) above.]

(9)The [F32Clerk of the Sheriff Appeal Court] shall forthwith intimate—

(a)a decision under subsection (1) or (4) above; and

(b)in the case of a refusal of leave to appeal, the reasons for the decision,

to the appellant or his solicitor and to the [F33prosecutor].

Textual Amendments

Modifications etc. (not altering text)

C2S. 187(9) excluded by 2006 asp 10, s 96A(5) (as 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. 9(6) (with art. 4))

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.