http://www.legislation.gov.uk/ukpga/1997/48/section/21/1997-08-01Crime and Punishment (Scotland) Act 1997An Act to make provision as respects Scotland in relation to criminal appeals, the disposal of offenders, criminal procedure, evidence in criminal proceedings, the treatment and early release of prisoners, offences committed by newly released prisoners, criminal legal assistance, the police, confiscation of alcohol from persons under 18, sex offenders and the payment by the Lord Advocate of grants for the provision of forensic medical services; to enable courts in England and Wales and Northern Ireland to remit offenders to courts in Scotland in certain circumstances; to make amendments consequential upon the provisions of this Act to the law in other parts of the United Kingdom; and for connected purposes.1997-03-21texttext/xmlenStatute Law Database2024-05-211997-08-01 Part II 211For section 108 of the 1995 Act there shall be substituted the following section—1081Where a person has been convicted on indictment, the Lord Advocate may, in accordance with subsection (2) below, appeal against any of the following disposals, namely—aa sentence passed on conviction;ba decision under section 209(1)(b) of this Act not to make a supervised release order;ca decision under section 234A(2) of this Act not to make a non-harassment order;da probation order;ea community service order;fa decision to remit to the Principal Reporter made under section 49(1)(a) of this Act;gan order deferring sentence;han admonition; orian absolute discharge.2An appeal under subsection (1) above may be made—aon a point of law;bwhere it appears to the Lord Advocate, in relation to an appeal under—iparagraph (a), (h) or (i) of that subsection, that the disposal was unduly lenient;iiparagraph (b) or (c) of that subsection, that the decision not to make the order in question was inappropriate;iiiparagraph (d) or (e) of that subsection, that the making of the order concerned was unduly lenient or was on unduly lenient terms;ivunder paragraph (f) of that subsection, that the decision to remit was inappropriate;vunder paragraph (g) of that subsection, that the deferment of sentence was inappropriate or was on unduly lenient conditions..2For subsection (4) of section 175 of the 1995 Act there shall be substituted the following subsections—4The prosecutor in summary proceedings, in any class of case specified by order made by the Secretary of State, may, in accordance with subsection (4A) below, appeal to the High Court against any of the following disposals, namely—aa sentence passed on conviction;ba decision under section 209(1)(b) of this Act not to make a supervised release order;ca decision under section 234A(2) of this Act not to make a non-harassment order;da probation order;ea community service order;fa decision to remit to the Principal Reporter made under section 49(1)(a) or (7)(b) of this Act;gan order deferring sentence;han admonition; orian absolute discharge.4AAn appeal under subsection (4) above may be made—aon a point of law;bwhere it appears to the Lord Advocate, in relation to an appeal under—iparagraph (a), (h) or (i) of that subsection, that the disposal was unduly lenient;iiparagraph (b) or (c) of that subsection, that the decision not to make the order in question was inappropriate;iiiparagraph (d) or (e) of that subsection, that the making of the order concerned was unduly lenient or was on unduly lenient terms;ivunder paragraph (f) of that subsection, that the decision to remit was inappropriate;vunder paragraph (g) of that subsection, that the deferment of sentence was inappropriate or was on unduly lenient conditions..