Procedure prior to TrialE+W+S

S Appeal

Procedure prior to hearingS

[F1228A Appeal by Lord Advocate against sentence in solemn proceedings.S

Where a person has been convicted on indictment, the Lord Advocate may appeal against the sentence passed on conviction [F2or against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or against the person’s absolute discharge or admonition or against any order deferring sentence]—

[F3(a)if it appears to the Lord Advocate that, as the case may be—

(i)the sentence is unduly lenient;

(ii)the making of the probation order or community service order is unduly lenient or its terms are unduly lenient;

(iii)to dismiss with an admonition or to discharge absolutely is unduly lenient; or

(iv)the deferment of sentence is inappropriate or on unduly lenient conditions;]

(b)on a point of law.]