PART VIII

Appeals from Solemn Proceedings

Judge's observations in expedited appeal
113A
1
On receiving a note of appeal given under section 110(1)(e), the judge who presided at the trial may give the Clerk of Justiciary any written observations that the judge thinks fit on—
a
the case generally,
b
the grounds contained in the note of appeal.
2
The High Court may hear and determine the appeal without any such written observations.
3
If written observations are given under subsection (1), the Clerk of Justiciary must give a copy of them to—
a
the accused or the accused's solicitor, and
b
the prosecutor.
4
The written observations of the judge are available only to—
a
the High Court,
b
the parties, and
c
any other person or classes of person prescribed by Act of Adjournal, in accordance with any conditions prescribed by Act of Adjournal.
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)
S. 113A inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 76(3), 206(1); S.S.I. 2011/178, art. 2, sch.