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).