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Criminal Procedure (Scotland) Act 1995

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Criminal Procedure (Scotland) Act 1995, Section 181 is up to date with all changes known to be in force on or before 25 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

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181 [F1Stated case: directions by Sheriff Appeal Court.]S

(1)Without prejudice to any other power of relief which the [F2Sheriff Appeal Court] may have, where it appears to that court on application made in accordance with subsection (2) below, that the applicant has failed to comply with any of the requirements of—

(a)subsection (1) of section 176 of this Act; or

(b)subsection (1) or (9) of section 179 of this Act,

the [F2Sheriff Appeal Court] may direct that such further period of time as it may think proper be afforded to the applicant to comply with any requirement of the aforesaid provisions.

[F3(1A)Where an application for a direction under subsection (1)—

(a)is made by the person convicted, and

(b)relates to the requirements of section 176(1),

the Sheriff Appeal Court may make a direction only if it is satisfied that doing so is justified by exceptional circumstances.

(1B)In considering whether there are exceptional circumstances for the purpose of subsection (1A), the Sheriff Appeal Court must have regard to—

(a)the length of time that has elapsed between the expiry of the period mentioned in section 176(1)(a) and the making of the application,

(b)the reasons stated in accordance with subsection (2A)(a)(i),

(c)the proposed grounds of appeal.]

(2)Any application for a direction under subsection (1) above shall be made in writing to the [F4Clerk of the Sheriff Appeal Court] and shall state the ground for the application, and, in the case of an application for the purposes of paragraph (a) of subsection (1) above, notification of the application shall be made by the appellant or his solicitor to the clerk of the court from which the appeal is to be taken, and the clerk shall thereupon transmit the complaint, documentary productions and any other proceedings in the cause to the [F4Clerk of the Sheriff Appeal Court].

[F5(2A)An application for a direction under subsection (1) in relation to the requirements of section 176(1) of this Act must—

(a)state—

(i)the reasons why the applicant failed to comply with the requirements of section 176(1), and

(ii)the proposed grounds of appeal, and

(b)be intimated in writing by the applicant to the respondent or the respondent's solicitor.

(2B)If the respondent so requests within 7 days of receipt of intimation of the application under subsection (2A)(b), the respondent must be given an opportunity to make representations before the application is determined.

F6(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3)The [F7Sheriff Appeal Court] shall dispose of any application under subsection (1) above in like manner as an application to review the decision of an inferior court on a grant of bail, but shall have power—

(a)to dispense with a hearing F8...; and

(b)to make such enquiry in relation to the application as the court may think fit,

and when the [F7Sheriff Appeal Court] has disposed of the application the [F9Clerk of the Sheriff Appeal Court] shall inform the clerk of the inferior court of the result.

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(5)If the Sheriff Appeal Court makes a direction under subsection (1), it must—

(a)give reasons for the decision in writing, and

(b)give the reasons in ordinary language.]

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