Criminal Procedure (Scotland) Act 1975

445 Caution by appellant

Immediately on an appeal under section 442 of this Act being taken, the court shall fix a sum to be consigned by the appellant, or for which caution is to be found, to meet any fine and expenses imposed and the expenses of the appeal, and the appellant shall not be entitled to have a case stated unless within five days after the date of his appeal he has made consignation, or found such caution, to the satisfaction of the clerk of court and has also paid the clerk his fees for preparing the case :

Provided that—

(i) the court shall have power in any case where it deems it expedient to do so to dispense with consignation or the finding of caution, and

(ii) a person prosecuting in the public interest shall not be bound to make consignation or to find caution.