Criminal Justice (Scotland) Act 2016

Criminal Justice (Scotland) Act 2016

2016 asp 1

Overview of the Act

Part 5 – Appeals and Sccrc

Appeals

Section 90 – Extending certain time limits: solemn

238. Section 90 makes provision concerning applications to the High Court under section 111(2) of the 1995 Act, applications to extend the period within which a convicted person may lodge intimation of intention to appeal, or a note of appeal.

239. Subsections (3) to (6) amend section 111. Subsection (3) inserts provisions prescribing the test to be applied by the High Court when determining an application under section 111(2) when it is received after the expiry of the period to which it relates. Subsection (4) amends section 111(2A) so as to extend to every application under section 111(2) the requirement on the applicant to state reasons for the failure to comply with the applicable time limit and to state the proposed grounds of appeal. Subsection (6) inserts section 111(4) which provides that applications under section 111(2) are to be dealt with in chambers and, unless the court otherwise directs, without parties being present. Subsections (1) and (5) contain amendments that are consequential to this change. Subsection (6) also inserts section 111(5) which requires the court to give reasons in writing for a decision to extend a period.