Modifications etc. (not altering text)
C1 Pt. 8 (ss. 103-132): power to modify or apply (with modifications) conferred (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , ss. 94(2) , 104 ; S.S.I. 2007/84 , art. 3(2)
(1)Subject to section 111(2) of this Act and to [F1section 99 of the Proceeds of Crime Act 2002 (postponement)] , where a person desires to appeal under section 106(1)(a) or (f) of this Act, he shall within two weeks of the final determination of the proceedings, lodge with the Clerk of Justiciary written intimation of intention to appeal which shall identify the proceedings and be in as nearly as may be the form prescribed by Act of Adjournal.
[F2(1A)Where a person desires to appeal under section 106(1)(a) of this Act by virtue of section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16), subsection (1) applies with the following modifications—
(a)for the words “two weeks of the final determination of the proceedings” substitute “ two weeks of the date on which the person is acquitted of an offence mentioned in section 11(2) of the Double Jeopardy (Scotland) Act 2011 (asp 16) ”; and
(b)the reference to identifying the proceedings is to be construed as a reference to identifying—
(i)the proceedings which resulted in the conviction desired to be appealed; and
(ii)the proceedings which resulted in the person's acquittal as mentioned in section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16).
(1B)Subsections (5) to (9) of section 106 of this Act do not apply where the modifications specified in subsection (1A) apply.]
(2)A copy of intimation given under subsection (1) above shall be sent to the Crown Agent.
(3)On intimation under subsection (1) above being lodged by a person in custody, the Clerk of Justiciary shall give notice of the intimation to the Secretary of State.
(4)Subject to subsection (5) below, for the purposes of subsection (1) above and section 106(5) to (7) of this Act, proceedings shall be deemed finally determined on the day on which sentence is passed in open court.
(5)Where in relation to an appeal under section 106(1)(a) of this Act sentence is deferred under section 202 of this Act, the proceedings shall be deemed finally determined on the day on which sentence is first so deferred in open court.
(6)Without prejudice to section 10 of the said Act of 1995, the reference in subsection (4) above to “the day on which sentence is passed in open court” shall, in relation to any case in which, under subsection (1) of that section, a decision has been postponed for a period, be construed as a reference to the day on which that decision is made, whether or not a confiscation order is then made or any other sentence is then passed.
Textual Amendments
F1 Words in s. 109(1) substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29) , ss. 456 , 458 , Sch. 11 para. 29(2) ; S.S.I. 2003/210 , art. 2 , Sch. (subject to arts. 3-7 )
F2S. 109(1A)(1B) inserted (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), s. 17(3), sch. para. 9; S.S.I. 2011/365, art. 3
Modifications etc. (not altering text)
C2 S. 109(1) restricted (1.4.1996) by 1995 c. 43 , ss. 10(4) , 50(2)
C3 S. 109(1) modified (24.3.2003) by Proceeds of Crime Act 2002 (c. 29) , ss. 100(6) , 458 ; S.S.I. 2003/210 , art. 2 (subject to arts. 3-7 )