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Crime and Punishment (Scotland) Act 1997

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This is the original version (as it was originally enacted).

23Appeals against orders under section 49 of the 1995 Act

It shall be competent for a convicted person or a prosecutor to appeal against a decision made under section 49 of the 1995 Act (reference or remit to children’s hearing) to remit a case to the Principal Reporter and, accordingly—

(a)in section 49(4) of that Act, at the beginning there shall be inserted the words “Subject to any appeal against any decision to remit made under subsection (1)(a) above or (7)(b) below,”;

(b)in section 106(1) of that Act (right of appeal in solemn proceedings), after paragraph (d) there shall be inserted the following paragraph—

(da)against any decision to remit made under section 49(1)(a) of this Act;; and

(c)in subsection (2) of section 175 of that Act (right of appeal in summary proceedings), after paragraph (c) there shall be inserted the following paragraph—

(ca)against any decision to remit made under section 49(1)(a) or (7)(b) of this Act;.

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