Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997

Paragraph 2(6)(f)

SCHEDULE 3

Rule 38.

FORM 38

Form of application to High Court for transfer of rights of appeal of deceased person

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE CLERK and LORDS COMMISSIONERS OF JUSTICIARY

APPLICATION

for

TRANSFER OF RIGHTS OF APPEAL OF DECEASED PERSON

by

[A.B.]  (address)

• APPLICANT

• under

• section 303A of the Criminal Procedure (Scotland) Act 1995

• HUMBLY SHEWETH:—

1.  That on (date) [C.D.] (address) was convicted in the High Court of Justiciary [or sheriff court or district court] at (place) of (specify offence) and sentenced to (specify sentence).

2.  That [C.D.] did not institute any appeal in relation to that conviction or sentence [or state details of any appeal instituted by [C.D.]].

3.  That [C.D.] died on (date) at (place).

4.  That the applicant is executor of [C.D.] conform to attached copy confirmation [or has a legitimate interest (specify nature of interest and attach supporting documents)].

5.  That the applicant has served a copy of this application on the Crown Agent.

• MAY IT THEREFORE please your Lordships under section 303A of the Criminal Procedure (Scotland) Act 1995 to authorise the applicant to institute any appeal in relation to that conviction which [C.D.] could have instituted [or to continue the appeal instituted by [C.D.]].

• ACCORDING TO JUSTICE, etc.

• (Signed)

• [Solicitor for applicant]

• (Address and telephone number of solicitor)