PART 7SPECIAL APPEAL PROCEEDINGS

CHAPTER 33APPEALS UNDER PART 4 OF THE AGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) ACT 2019

Application of this Chapter33.1.

This Chapter applies to an appeal against the decision of a sheriff under section 38(3), F146(3) and 67(3) of the Age of Criminal Responsibility (Scotland) Act 201940.

Form of appeal33.2.

(1)

An appeal is made by lodging a note of appeal in Form 33.2.

(2)

Rule 6.2(2)(a) to (c) and (g) to (h) applies for the purpose of making an appeal under this rule.

Annotations:
Commencement Information

I2Para. 33.2 in force at 6.1.2022, see para. 1.1(2)

Hearing of appeal33.3.

On receipt of the appeal, the Clerk must fix forthwith a hearing to take place within 3 working days (within the meaning of section 76 of the Age of Criminal Responsibility (Scotland) Act 2019) and intimate the date, time and place of that hearing to—

(a)

the constable who applied for the order to which the decision relates;

(b)

the child or person acting on behalf of the child to whom the decision relates;

(c)

any other person the court considers has an interest in proceedings.

Annotations:
Commencement Information

I3Para. 33.3 in force at 6.1.2022, see para. 1.1(2)

Determination of appeal33.4.

(1)

At the conclusion of the hearing, the Court may either give its decision orally or reserve judgment.

(2)

Where the Court reserves judgment, it must give its decision in writing within 28 days.

(3)

The President of the Sheriff Appeal Court may vary the period in paragraph (2).