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PART 6CRIMINAL APPEALS

Appeals from summary criminal proceedings

120Power to refer points of law for the opinion of the High Court

In the Criminal Procedure (Scotland) Act 1995, after section 175, insert—

175APower to refer points of law for the opinion of the High Court

(1)In an appeal under this Part, the Sheriff Appeal Court may refer a point of law to the High Court for its opinion if it considers that the point is a complex or novel one.

(2)The Sheriff Appeal Court may make a reference under subsection (1)—

(a)on the application of a party to the appeal proceedings, or

(b)on its own initiative.

(3)On giving its opinion on a reference under subsection (1), the High Court may also give a direction as to further procedure in, or disposal of, the appeal..