C1C2C4C3C5 PART X Appeals from Summary Proceedings

Annotations:
Modifications etc. (not altering text)
C1

Pt. X (ss. 173-194) excluded (19.2.2001) by 2000 c. 11, ss. 7(7), 8(1)(f)(ii); S.I. 2001/421, art. 2

Miscellaneous

193AF1 Suspension of certain sentences pending determination of appeal.

1

Where a convicted person or the prosecutor appeals to the F6Sheriff Appeal Court under section 175 of this Act F4..., 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 F5Sheriff Appeal 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—

F2aa

a community payback order;

d

a restriction of liberty order.

F3e

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