C1PART VIII Appeals from Solemn Proceedings

Annotations:
Modifications etc. (not altering text)
C1

Pt. 8 (ss. 103-132): power to modify or apply (with modifications) conferred (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , ss. 94(2) , 104 ; S.S.I. 2007/84 , art. 3(2)

107BF1Prosecutor's right of appeal: decisions on admissibility of evidence

1

The prosecutor may appeal to the High Court against a finding, made after the jury is empanelled and before the close of the evidence for the prosecution, that evidence that the prosecution seeks to lead is inadmissible.

2

The appeal may be made only with the leave of the court of first instance, granted—

a

on the motion of the prosecutor, or

b

on that court's initiative.

3

Any motion for leave to appeal must be made before the close of the case for the prosecution.

4

In determining whether to grant leave to appeal the court must consider—

a

whether there are arguable grounds of appeal, and

b

what effect the finding has on the strength of the prosecutor's case.