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Criminal Justice (Scotland) Act 1980

Status:

This is the original version (as it was originally enacted).

3In section 444 (manner and time of appeal)—

(a)for subsection (1) there shall be substituted the following subsections—

“(1)An appeal under section 442(1)(a)(i) or (iii) or (b) of this Act shall be by application for a stated case, which application shall—

(a)be made within one week of the final determination of the proceedings ;

(b)contain a full statement of all the matters which the appellant desires to bring under review and where the appeal is also against sentence, a statement of that fact; and

(c)be signed by the appellant or his solicitor and lodged with the clerk of court;

and a copy of the application shall within the period mentioned in paragraph (a) above be sent by the appellant to the respondent or the respondent's solicitor.

(1A)The clerk of the court shall enter in the record of the proceedings the date when an application under subsection (1) above was lodged.

(1B)The appellant may, at any time within the period of three weeks mentioned in subsection (1) of section 448 of this Act, or within any further period afforded him by virtue of subsection (6) of that section, amend any matter stated in his application or add a new matter ; and he shall intimate any such amendment, or addition, to the respondent or the respondent's solicitor.”; and

(b)in subsection (5), after the word " under" there shall be inserted the words " subsection (3) of ".

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