PART VIII Appeals from Solemn Proceedings
F1108 Lord Advocate’s right of appeal against disposal.
1
Where a person has been convicted on indictment, the Lord Advocate may, in accordance with subsection (2) below, appeal against any of the following disposals, namely—
a
a sentence passed on conviction;
b
a decision under section 209(1)(b) of this Act not to make a supervised release order;
c
a decision under section 234A(2) of this Act not to make a non-harassment order;
F2ca
a decision under section 92 of the Proceeds of Crime Act 2002 not to make a confiscation order;.
d
a probation order;
F3dd
a drug treatment and testing order;
e
a community service order;
f
a decision to remit to the Principal Reporter made under section 49(1)(a) of this Act;
g
an order deferring sentence;
h
an admonition; or
i
an absolute discharge.
2
An appeal under subsection (1) above may be made—
a
on a point of law;
b
where it appears to the Lord Advocate, in relation to an appeal under—
i
paragraph (a), (h) or (i) of that subsection, that the disposal was unduly lenient;
ii
paragraph (b) F4, (c) or (ca) of that subsection, that the decision not to make the order in question was inappropriate;
iii
paragraph (d) F6to (e) of that subsection, that the making of the order concerned was unduly lenient or was on unduly lenient terms;
iv
under paragraph (f) of that subsection, that the decision to remit was inappropriate;
v
under paragraph (g) of that subsection, that the deferment of sentence was inappropriate or was on unduly lenient conditions.
F53
For the purposes of subsection (2)(b)(i) above in its application to a confiscation order by virtue of section 92(11) of the Proceeds of Crime Act 2002, the reference to the disposal being unduly lenient is a reference to the amount required to be paid by the order being unduly low.