- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010, Cross Heading: Appeals.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The 1995 Act is amended as follows.
(2)In section 111 (supplementary provision about appeals in solemn cases), after subsection (2) insert—
“(2A)An application under subsection (2) seeking extension of the period mentioned in section 109(1) of this Act must—
(a)state—
(i)the reasons why the applicant failed to comply with the time limit in section 109(1), and
(ii)the proposed grounds of appeal, and
(b)be intimated in writing by the applicant to the Crown Agent.
(2B)If the prosecutor so requests within 7 days of receipt of intimation of the application under subsection (2A)(b), the prosecutor must be given an opportunity to make representations before the application is determined.
(2C)Any representations may be made in writing or, if the prosecutor so requests, orally at a hearing; and if a hearing is fixed, the applicant must also be given an opportunity to be heard.”.
(3)In section 181 (extension of time for appeals in summary cases)—
(a)after subsection (2) insert—
“(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.
(2C)Any representations may be made in writing or, if the respondent so requests, orally at a hearing; and if a hearing is fixed, the applicant must also be given an opportunity to be heard.”, and
(b)in subsection (3)(a), after “hearing” insert “ (unless the respondent has requested a hearing under subsection (2C)) ”.
(4)The amendments made by this section have effect in relation to any application made under section 111(2) or, as the case may be, 181(1) of the 1995 Act on or after the day on which this Act comes into force.
(1)After section 191 (appeal by suspension or advocation) of the 1995 Act, insert—
(1)This section applies where a party wishes—
(a)to appeal to the High Court under section 191(1) of this Act by bill of suspension against a conviction or by advocation against an acquittal, or
(b)to appeal to the High Court against, or to bring under review of the High Court, any other decision in a summary prosecution by bill of suspension or by advocation.
(2)The party must lodge the bill of suspension or bill of advocation within 3 weeks of the date of the conviction, acquittal or, as the case may be, other decision to which the bill relates.
(3)The High Court may, on the application of the party, extend the time limit in subsection (2).
(4)An application under subsection (3) must—
(a)state—
(i)the reasons why the applicant failed to comply with the time limit in subsection (2), and
(ii)the proposed grounds of appeal or review, and
(b)be intimated in writing by the applicant to the other party to the prosecution.
(5)If the other party so requests within 7 days of receipt of intimation of the application under subsection (4)(b), the other party must be given an opportunity to make representations before the application is determined.
(6)Any representations may be made in writing or, if the other party so requests, orally at a hearing; and if a hearing is fixed, the applicant must also be given an opportunity to be heard.”.
(2)In the case where the date of the conviction, acquittal or other decision referred to in subsection (1) of section 191A of the 1995 Act (as inserted by subsection (1) of this section) is before the date on which this Act comes into force, subsection (2) of section 191A (as so inserted) has effect as if, for the reference to the date of the conviction, acquittal or, as the case may be, other decision, there were substituted a reference to the date on which this Act comes into force.
(1)The 1995 Act is amended as follows.
(2)In section 194B (SCCRC's power to refer cases to the High Court), in subsection (1), before “the case” insert “ , subject to section 194DA of this Act, ”.
(3)In section 194C (grounds for reference)—
(a)the existing words become subsection (1), and
(b)after that subsection, insert—
“(2)In determining whether or not it is in the interests of justice that a reference should be made, the Commission must have regard to the need for finality and certainty in the determination of criminal proceedings.”.
(4)After section 194D, insert—
(1)Where the Commission has referred a case to the High Court under section 194B of this Act, the High Court may, despite section 194B(1), reject the reference if the Court considers that it is not in the interests of justice that any appeal arising from the reference should proceed.
(2)In determining whether or not it is in the interests of justice that any appeal arising from the reference should proceed, the High Court must have regard to the need for finality and certainty in the determination of criminal proceedings.
(3)On rejecting a reference under this section, the High Court may make such order as it considers necessary or appropriate.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: