Criminal Procedure (Scotland) Act 1995

175 Right of appeal

(1) This section is without prejudice to any right of appeal under section 191 of this Act.

(2) Any person convicted, or found to have committed an offence, in summary proceedings may, with leave granted in accordance with section 180 or, as the case may be, 187 of this Act, appeal under this section to the High Court—

(a) against such conviction, or finding;

(b) against the sentence passed on such conviction;

(c) against his absolute discharge or admonition or any probation order or any community service order or any order deferring sentence; or

(d) against both such conviction and such sentence or disposal or order.

(3) The prosecutor in summary proceedings may appeal under this section to the High Court on a point of law—

(a) against an acquittal in such proceedings; or

(b) against a sentence passed on conviction in such proceedings.

(4) The prosecutor in such proceedings, in any class of case specified by order made by the Secretary of State under this subsection, may appeal to the High Court against the sentence passed on such conviction or, whether the person has been convicted or not, against any probation order or any community service order or against the person’s absolute discharge or admonition or against any order deferring sentence if it appears to the prosecutor that, as the case may be—

(a) the sentence is unduly lenient;

(b) the making of the probation order or community service order is unduly lenient or its terms are unduly lenient;

(c) to dismiss with an admonition or to discharge absolutely is unduly lenient; or

(d) the deferment of sentence is inappropriate or on unduly lenient conditions.

(5) By an appeal under subsection (2) above or, as the case may be, against acquittal under subsection (3) above, an appellant may bring under review of the High Court any alleged miscarriage of justice in the proceedings including, in the case of an appeal under the said subsection (2), any alleged miscarriage of justice on the basis of the existence and significance of additional evidence which was not heard at the trial and which was not available and could not reasonably have been made available at the trial.

(6) The power of the Secretary of State to make an order under subsection (4) above shall be exercisable by statutory instrument; and any order so made shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Where a person desires to appeal under subsection (2)(a) or (d) or (3) above, he shall pursue such appeal in accordance with sections 176 to 179, 181 to 185, 188, 190 and 192(1) and (2) of this Act.

(8) A person who has appealed against both conviction and sentence, may abandon the appeal in so far as it is against conviction and may proceed with it against sentence alone, subject to such procedure as may be prescribed by Act of Adjournal.

(9) Where a convicted person or as the case may be a person found to have committed an offence desires to appeal under subsection (2)(b) or (c) above, or the prosecutor desires so to appeal by virtue of subsection (4) above, he shall pursue such appeal in accordance with sections 186, 189(1) to (6), 190 and 192(1) and (2) of this Act; but nothing in this section shall prejudice any right to proceed by bill of suspension, or as the case may be advocation, against an alleged fundamental irregularity relating to the imposition of sentence.

(10) Where any statute provides for an appeal from summary proceedings to be taken under any public general or local enactment, such appeal shall be taken under this Part of this Act.