PART X

Appeals from Summary Proceedings

Stated case

Stated case: directions by Sheriff Appeal Court.
181
1
Without prejudice to any other power of relief which the Sheriff Appeal Court may have, where it appears to that court on application made in accordance with subsection (2) below, that the applicant has failed to comply with any of the requirements of—
a
subsection (1) of section 176 of this Act; or
b
subsection (1) or (9) of section 179 of this Act,
the Sheriff Appeal Court may direct that such further period of time as it may think proper be afforded to the applicant to comply with any requirement of the aforesaid provisions.
1A
Where an application for a direction under subsection (1)—
a
is made by the person convicted, and
b
relates to the requirements of section 176(1),
the Sheriff Appeal Court may make a direction only if it is satisfied that doing so is justified by exceptional circumstances.
1B
In considering whether there are exceptional circumstances for the purpose of subsection (1A), the Sheriff Appeal Court must have regard to—
a
the length of time that has elapsed between the expiry of the period mentioned in section 176(1)(a) and the making of the application,
b
the reasons stated in accordance with subsection (2A)(a)(i),
c
the proposed grounds of appeal.
2
Any application for a direction under subsection (1) above shall be made in writing to the Clerk of the Sheriff Appeal Court and shall state the ground for the application, and, in the case of an application for the purposes of paragraph (a) of subsection (1) above, notification of the application shall be made by the appellant or his solicitor to the clerk of the court from which the appeal is to be taken, and the clerk shall thereupon transmit the complaint, documentary productions and any other proceedings in the cause to the Clerk of the Sheriff Appeal Court.
2A
An application for a direction under subsection (1) in relation to the requirements of section 176(1) of this Act must—
a
state—
i
the reasons why the applicant failed to comply with the requirements of section 176(1), and
ii
the proposed grounds of appeal, and
b
be intimated in writing by the applicant to the respondent or the respondent's solicitor.
2B
If the respondent so requests within 7 days of receipt of intimation of the application under subsection (2A)(b), the respondent must be given an opportunity to make representations before the application is determined.
2C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The Sheriff Appeal Court shall dispose of any application under subsection (1) above in like manner as an application to review the decision of an inferior court on a grant of bail, but shall have power—
a
to dispense with a hearing ...; and
b
to make such enquiry in relation to the application as the court may think fit,
and when the Sheriff Appeal Court has disposed of the application the Clerk of the Sheriff Appeal Court shall inform the clerk of the inferior court of the result.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
If the Sheriff Appeal Court makes a direction under subsection (1), it must—
a
give reasons for the decision in writing, and
b
give the reasons in ordinary language.
Pt. X (ss. 173-194) excluded (19.2.2001) by 2000 c. 11, ss. 7(7), 8(1)(f)(ii); S.I. 2001/421, art. 2
Pt. 10 extended (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 12(6)(e)
S. 181(2A)-(2C) inserted (30.10.2010) by Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (asp 15), ss. 5(3)(a), 9 (with s. 5(4))
Words in s. 181(3) substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 3 para. 10(7)(b); S.S.I. 2015/247, art. 2, sch. (with art. 6)
S. 181(1A)(1B) inserted (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 89(2), 117(2); S.S.I. 2016/426, art. 2, sch.
S. 181(4) repealed (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 22 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 5(1))
Words in s. 181(1) substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 3 para. 10(3); S.S.I. 2015/247, art. 2, sch. (with art. 6)
S. 181 title substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 3 para. 10(2); S.S.I. 2015/247, art. 2, sch. (with art. 6)
Pt. 10 extended (12.2.2015) by Counter Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 4 para. 4(4)(e)
Words in s. 181(2) substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 3 para. 10(6); S.S.I. 2015/247, art. 2, sch. (with art. 6)
Pt. 10 extended (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 3 para. 4(4)(e) (with Sch. 8)
Words in s. 181(3) substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 3 para. 10(7)(a); S.S.I. 2015/247, art. 2, sch. (with art. 6)
Words in s. 181(3)(a) repealed (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 89(4), 117(2); S.S.I. 2016/426, art. 2, sch.
S. 181(2C) repealed (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 89(3), 117(2); S.S.I. 2016/426, art. 2, sch.
S. 181(5) inserted (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 89(5), 117(2); S.S.I. 2016/426, art. 2, sch.
Pt. 10 extended (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 9 para. 4(5)(e) (with s. 97); S.I. 2023/1272, reg. 2(b)