Disclosure (Scotland) Act 2020

No commentary item could be found for this reference key-cddf4445735bbd44ea2d28e497232d2b30 Appeal against independent reviewer's decision S

(1) An appeal may be taken against the independent reviewer's decision in a review carried out by the independent reviewer under this Part in respect of a Level 2 review application.

(2) The appeal may be taken by—

(a) the applicant, No commentary item could be found for this reference key-b206f76f2d741d9a8edd39e8359b4dc4...

(b) where the review included a review under section 24 of information relating to the applicant provided by the chief constable in accordance with section 14, the chief constable[, or

(c) where the review included a review under section 24 of information relating to the applicant provided by a chief officer in response to a request under section 14A, the chief officer.]

(3) The appeal is to be—

(a) to a sheriff, and

(b) on a point of law only.

(4) The appeal may be taken before the end of the period of 3 months beginning with the day on which the independent reviewer's decision was notified to the applicant under section 29.

[(5) If, before the end of that period, a person with a right to take an appeal under this section notifies the Scottish Ministers that the person does not intend to take an appeal, the person loses the right to take an appeal on the date on which the notification is given.]

(6) In an appeal under this section, the sheriff must—

(a) confirm the independent reviewer's decision, or

(b) quash the decision and substitute for it the sheriff's own decision.

(7) No finding of fact on which a conviction or children's hearing outcome is based may be challenged in an appeal under this section.

(8) Proceedings in an appeal under this section may take place in private if the sheriff considers it appropriate in all the circumstances.

(9) The sheriff may allow the appeal in part where it relates to—

(a) more than one decision, or

(b) information about two or more convictions.

(10) The decision of the sheriff in an appeal under this section is final.

(11) References in this section to the independent reviewer's decision are to be construed in accordance with section 29(3) and include any part of the decision.