Criminal Justice (Scotland) Act 2016

89 Extending certain time limits: summary

(1) Section 181 (stated case: directions by Sheriff Appeal Court) of the 1995 Act is amended as follows.

(2) After subsection (1) there is inserted—

“(1A) Where an application for a direction under subsection (1)—

(a) is made by the person convicted, and

(b) relates to the requirements of section 176(1),

the Sheriff Appeal Court may make a direction only if it is satisfied that doing so is justified by exceptional circumstances.

(1B) In considering whether there are exceptional circumstances for the purpose of subsection (1A), the Sheriff Appeal Court must have regard to—

(a) the length of time that has elapsed between the expiry of the period mentioned in section 176(1)(a) and the making of the application,

(b) the reasons stated in accordance with subsection (2A)(a)(i),

(c) the proposed grounds of appeal.”.

(3) Subsection (2C) is repealed.

(4) In paragraph (a) of subsection (3), the words from “(unless” to the end are repealed.

(5) At the end of the section there is inserted—

“(5) If the Sheriff Appeal Court makes a direction under subsection (1), it must—

(a) give reasons for the decision in writing, and

(b) give the reasons in ordinary language.”.