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(1)Where a person has been convicted on indictment, the Lord Advocate may, in accordance with subsection (2) below, appeal against any of the following disposals, namely—
(a)a sentence passed on conviction;
(b)a decision under section 209(1)(b) of this Act not to make a supervised release order;
(c)a decision under section 234A(2) of this Act not to make a non-harassment order;
(d)a probation order;
(e)a community service order;
(f)a decision to remit to the Principal Reporter made under section 49(1)(a) of this Act;
(g)an order deferring sentence;
(h)an admonition; or
(i)an absolute discharge.
(2)An appeal under subsection (1) above may be made—
(a)on a point of law;
(b)where it appears to the Lord Advocate, in relation to an appeal under—
(i)paragraph (a), (h) or (i) of that subsection, that the disposal was unduly lenient;
(ii)paragraph (b) or (c) of that subsection, that the decision not to make the order in question was inappropriate;
(iii)paragraph (d) or (e) of that subsection, that the making of the order concerned was unduly lenient or was on unduly lenient terms;
(iv)under paragraph (f) of that subsection, that the decision to remit was inappropriate;
(v)under paragraph (g) of that subsection, that the deferment of sentence was inappropriate or was on unduly lenient conditions.]
Textual Amendments
F1S. 108 substituted (1.8.1997) by 1997 c. 48, s. 21(1); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)