Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 Explanatory Notes

Appeals

Section 6 Time limit for lodging bills of advocation and bills of suspension

27.This section inserts a new section 191A into the 1995 Act. This places time limits on the period allowed to lodge bills of suspension and bills of advocation. Section 191A(2) provides a 3 week period within which such bills may be lodged. That period may be extended by the High Court on application by either party (section 191A(3)).

28.Section 191A(4) sets out the content of such applications. The other party upon receiving intimation of such an application may request a hearing and be given an opportunity to make representations upon the application.

29.Subsection (2) provides that if the decision which is the subject of the bill of suspension or advocation took place prior to this Act coming into force, the 3 week time limit will be taken to start from the date that this Act came into force.

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