PART VIII

Appeals from Solemn Proceedings

Judge’s report.
113
1
Subject to subsections (1A) to (1D), As soon as is reasonably practicable after receiving the copy note of appeal sent to him under any of paragraphs (a) to (d) of section 110(1) of this Act, the judge who presided at the trial shall furnish the Clerk of Justiciary with a written report giving the judge’s opinion on the case generally and on the grounds contained in the note of appeal.
1A
Subsections (1B) to (1D) apply where the copy note of appeal mentioned in subsection (1) relates to an appeal by virtue of section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16).
1B
The reference in subsection (1) to the judge who presided at the trial is to be construed as a reference to—
a
the judge who presided at the trial for an offence mentioned in section 11(2) of that Act resulting in the appellant's acquittal; and
b
where subsection (1C) applies, the judge who presided at the trial resulting in the conviction to which the copy note of appeal relates.
1C
This subsection applies—
a
where, in connection with the appeal, the High Court calls for the report to be furnished by the judge mentioned in subsection (1B)(b); and
b
it is reasonably practicable for the judge to furnish the report.
1D
For the purposes of subsections (1) to (1C), it is irrelevant whether or not the judge mentioned in subsection (1B)(b) had previously furnished a report under subsection (1).
2
The Clerk of Justiciary shall send a copy of the judge’s report—
a
to the convicted person or his solicitor;
b
to the Crown Agent; and
c
in a case referred under Part XA of this Act, to the Commission.
3
Where the judge’s report is not furnished as mentioned in subsections (1) to (1D) above, the High Court may call for the report to be furnished within such period as it may specify or, if it thinks fit, hear and determine the appeal without the report.
4
Subject to subsection (2) above, the report of the judge shall be available only to the High Court, the parties and, on such conditions as may be prescribed by Act of Adjournal, such other persons or classes of persons as may be so prescribed.
Words in s. 113(2)(c) substituted (1.4.1999) by
1997 c. 48
,
s. 62(1)
,
Sch. 1 para. 21(16)
;
S.I. 1999/652
,
art. 2
,
Sch.
(subject to savings and transitional provisions in
art. 3
)
S. 113(2)-(4) applied (26.8.2002) by
Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513)
,
rule 15
.15(3) (as inserted (26.8.2002) by
Act of Adjournal (Criminal Appeals) 2002 (S.S.I. 2002/387)
,
para. 3(4)
)
Pt. 8 (ss. 103-132): power to modify or apply (with modifications) conferred (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , ss. 94(2) , 104 ; S.S.I. 2007/84 , art. 3(2)
Words in s. 113(1) inserted (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), s. 17(3), sch. para. 11(a); S.S.I. 2011/365, art. 3
Words in s. 113(1) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 76(2), 206(1); S.S.I. 2011/178, art. 2, sch.
S. 113(1A)-(1D) inserted (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), s. 17(3), sch. para. 11(b); S.S.I. 2011/365, art. 3
Words in s. 113(3) substituted (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), s. 17(3), sch. para. 11(c); S.S.I. 2011/365, art. 3