PART 5APPEALS AND SCCRC
Appeals
I188Preliminary diets in solemn cases
In section 74 (appeals in connection with preliminary diets) of the 1995 Act—
a
in subsection (1), for the words from “to—” to “motu)” there is substituted “
to any right of appeal under section 106 or 108 a party may,
”
,
b
after subsection (2) there is inserted—
2A
An appeal under subsection (1) may be taken—
a
in the case of a decision to dismiss the indictment or any part of it, by the prosecutor without the leave of the court,
b
in any other case, only with the leave of the court of first instance (granted on the motion of a party or ex proprio motu).