SCHEDULE 4Minor and consequential amendments and repeals
Criminal Procedure (Scotland) Act 1995 (c. 46)
13
The 1995 Act is amended as follows.
14
In section 106(1)—
(a)
paragraphs (db) and (dc) are repealed,
(b)
in paragraph (f), sub-paragraphs (ii) and (iii) are repealed.
15
In section 110(1)(a), the words “, the proposal to make a reference was made” are repealed.
16
Section 111(3) is repealed.
17
“(2)
A person who has appealed against both conviction and sentence (or, as the case may be, against both conviction and a decision mentioned in section 106(1)(bb) or both conviction and disposal and order) may abandon the appeal in so far as it is against conviction and may proceed with it against sentence (or, as the case may be, decision, disposal or order) alone.”.
18
In section 118—
(a)
in subsection (4), for the words “106(1)(ba), (bb), (c), (d), (da), (dc), (e) or (f)” substitute “
106(1)(ba), (bb), (c), (d), (da), (e) or (f)
”
,
(b)
subsection (4AA) is repealed,
(c)
in subsection (7)—
(i)
the words “or, as the case may be,” at the end of paragraph (a), and
(ii)
paragraph (b),
are repealed.
19
In section 121A(1), the words “(other than an appeal under section 106(1)(db) or (dc))” are repealed.
20
In section 173(2), the words “or (cb)” are repealed.
21
In section 175—
(a)
in subsection (2)—
(i)
paragraph (cb)(but not the word “or” which appears immediately after that paragraph) is repealed,
(ii)
in paragraph (d), sub-paragraphs (ii) and (iii) are repealed,
(b)
in subsection (8), for the words from “under” to the end of paragraph (c) substitute “
against both conviction and sentence may abandon the appeal in so far as it is against conviction and may proceed with it against sentence alone,
”
,
(c)
in subsection (9), the words “or (cb)” are repealed.
22
Section 181(4) is repealed.
23
In section 186—
(a)
the words “or (cb)”, where they appear in subsections (1), (2), (9) and (10), are repealed,
(b)
in subsection (2)(a)—
(i)
at the end of sub-paragraph (i) insert “
or
”
,
(ii)
sub-paragraph (iii)(and the word “or” which immediately precedes it) are repealed.
24
In section 187(1), the words “or (cb)” are repealed.
25
In section 189—
(a)
subsection (2A) is repealed,
(b)
in subsection (7)(b)—
(i)
the words “or, as the case may be,” at the end of paragraph (a), and
(ii)
paragraph (b),
are repealed.
26
In section 193A(1), the words “(other than by way of an appeal under section 175(2)(cb) of this Act against a reference only)” are repealed.