Courts Reform (Scotland) Act 2014

121 References by the Scottish Criminal Cases Review Commission

(1) In the Criminal Procedure (Scotland) Act 1995, section 194B (references by the Commission) is amended in accordance with this section.

(2) In subsection (1), after “High Court”, in the first place where those words appear, insert “or the Sheriff Appeal Court”.

(3) After subsection (3), insert—

“(3A) For the purposes of an appeal under Part X of this Act in a case referred to the High Court under subsection (1)—

(a) the High Court may exercise in the case all the powers and jurisdiction that the Sheriff Appeal Court would, had the case been an appeal to that Court, have had in relation to the case by virtue of section 118 of the Courts Reform (Scotland) Act 2014, and

(b) accordingly, Part X of this Act has effect in relation to the case subject to the following modifications—

(i) references to the Sheriff Appeal Court are to be read as references to the High Court,

(ii) references to an Appeal Sheriff are to be read as references to a judge of the High Court,

(iii) references to the Clerk of the Sheriff Appeal Court are to be read as reference to the Clerk of Justiciary.”.