(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;
[F2(ca)a decision under section 92 of the Proceeds of Crime Act 2002 not to make a confiscation order;.]
(d)a probation order;
[F3(dd)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) [F5to] (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.
[F6(3)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.]]
Textual Amendments
F1 S. 108 substituted (1.8.1997) by 1997 c. 48, s. 21(1); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)
F2 S. 108(1)(ca) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 115(2), 458; S.S.I. 2003/210, art. 2 (subject to arts. 3-7)
F3 S. 108(1)(dd) inserted (30.9.1998) by 1998 c. 37, s. 94(2), Sch. 6 Pt. II para. 6(2); S.I. 1998/2327, art. 2(1)(s)
F4 Words in s. 108(2)(b)(ii) substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 115(3), 458; S.S.I. 2003/210, art. 2 (subject to arts. 3-7)
F5Word in s. 108(2)(b)(iii) substituted (30.9.1998) by 1998 c. 37, s. 94(2), Sch. 6 Pt. II para. 6(3); S.I. 1998/2327, art. 2(1)(s)
F6 S. 108(3) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 115(4), 458; S.S.I. 2003/210, art. 2 (subject to arts. 3-7)