C1PART VIII Appeals from Solemn Proceedings
121AF1 Suspension of certain sentences pending determination of appeal.
1
Where an intimation of intention to appeal or, in the case of an appeal under section 106(1)(b) to (e) F5F2 ... , 108 or 108A of this Act, a note of appeal is lodged, the court may on the application of the appellant direct that the whole, or any remaining part, of a relevant sentence shall be suspended until the appeal, if it is proceeded with, is determined.
2
Where the court has directed the suspension of the whole or any remaining part of a person’s relevant sentence, the person shall, unless the High Court otherwise directs, appear personally in court on the day or days fixed for the hearing of the appeal.
3
Where a person fails to appear personally in court as mentioned in subsection (2) above, the court may—
a
if he is the appellant—
i
decline to consider the appeal; and
ii
dismiss it summarily; or
b
whether or not he is the appellant—
i
consider and determine the appeal; or
ii
make such other order as the court thinks fit.
4
In this section “ relevant sentence ” means any one or more of the following—
F3aa
a community payback order;
d
a restriction of liberty order.
F45
Subsections (1), (2) and (4) above apply to an appeal under F6section 288AA of this Act or paragraph 13(a) of Schedule 6 to the Scotland Act 1998 and, in relation to such an appeal–
a
references to an appeal being determined are to be read as references to the disposal of the proceedings by the High Court following determination of the appeal; and
b
the reference in subsection (2) to the hearing of the appeal is to be read as a reference to any subsequent hearing in the High Court in relation to the proceedings.
6
Where a person fails to appear personally in court as mentioned in subsection (2) as read with subsection (5) above, the court may make such order as it thinks fit.
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)