Part 1Serious Crime Prevention Orders

Appeals

F124BAppeals from High Court of Justiciary and sheriff

(1)

The following are to be taken to be a sentence for the purpose of an appeal—

(a)

a serious crime prevention order made under section 22A;

(b)

the variation under section 22B or 22C of an order made under section 22A;

(c)

the discharge of an order made under section 22A.

(2)

If the Lord Advocate considers that a decision of the High Court of Justiciary or the sheriff under section 22A not to make a serious crime prevention order was inappropriate, the Lord Advocate may appeal against the decision.

(3)

In addition, an appeal may be made in relation to a decision of the High Court of Justiciary or the sheriff—

(a)

to make a serious crime prevention order under section 22A; or

(b)

to vary, or not to vary, such an order under section 22B or 22C;

by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4A).