C1C2C4C3C6 PART X Appeals from Summary Proceedings

Annotations:
Modifications etc. (not altering text)
C1

Pt. X (ss. 173-194) excluded (19.2.2001) by 2000 c. 11, ss. 7(7), 8(1)(f)(ii); S.I. 2001/421, art. 2

Stated case

180 Leave to appeal against conviction etc.

1

The decision whether to grant leave to appeal for the purposes of section 175(2)(a) or (d) of this Act shall be made by F14an Appeal Sheriff of the F10Sheriff Appeal Court who shall—

a

if he considers that the documents mentioned in subsection (2) below disclose arguable grounds of appeal, grant leave to appeal and make such comments in writing as he considers appropriate; and

b

in any other case—

i

refuse leave to appeal and give reasons in writing for the refusal; and

ii

where the appellant is on bail and the sentence imposed on his conviction is one of imprisonment, grant a warrant to apprehend and imprison him.

2

The documents referred to in subsection (1) above are—

a

the stated case lodged under subsection (9) of section 179 of this Act; and

b

the documents transmitted to the F15Clerk of the Sheriff Appeal Court under subsection (8)(b) of that section.

3

A warrant granted under subsection (1)(b)(ii) above shall not take effect until the expiry of the period of 14 days mentioned in subsection (4) below F4(and if that period is extended under subsection (4A) below before the period being extended expires, until the expiry of the period as so extended) without an application to the F13Sheriff Appeal Court for leave to appeal having been lodged by the appellant under F6subsection (4) below.

4

Where leave to appeal is refused under subsection (1) above the appellant may, within 14 days of intimation under subsection (10) below, apply to the F8Sheriff Appeal Court for leave to appeal.

F54A

The F8Sheriff Appeal Court may, on cause shown, extend the period of 14 days mentioned in subsection (4) above, or that period as extended under this subsection, whether or not the period to be extended has expired (and if that period of 14 days has expired, whether or not it expired before section 25(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) came into force).

5

In deciding an application under subsection (4) above the F17Sheriff Appeal Court shall—

a

if, after considering the documents mentioned in subsection (2) above and the reasons for the refusal, the court is of the opinion that there are arguable grounds of appeal, grant leave to appeal and make such comments in writing as the court considers appropriate; and

b

in any other case—

i

refuse leave to appeal and give reasons in writing for the refusal; and

ii

where the appellant is on bail and the sentence imposed on his conviction is one of imprisonment, grant a warrant to apprehend and imprison him.

6

The question whether to grant leave to appeal under subsection (1) or (5) above shall be considered and determined in chambers without the parties being present.

7

Comments in writing made under subsection (1)(a) or (5)(a) above may, without prejudice to the generality of that provision, specify the arguable grounds of appeal (whether or not they are contained in the stated case) on the basis of which leave to appeal is granted.

8

Where the arguable grounds of appeal are specified by virtue of subsection (7) above it shall not, except by leave of the F9Sheriff Appeal Court on cause shown, be competent for the appellant to found any aspect of his appeal on any ground of appeal contained in the stated case but not so specified.

9

Any application by the appellant for the leave of the F16Sheriff Appeal Court under subsection (8) above—

a

shall be made F1within 14 days of the date of intimation under subsection (10) below; and

b

shall, F2within 14 days of that date, be intimated by the appellant to the F7prosecutor.

F39A

The F18Sheriff Appeal Court may, on cause shown, extend the periods of 14 days mentioned in subsection (9) above.

C510

The F11Clerk of the Sheriff Appeal Court shall forthwith intimate—

a

a decision under subsection (1) or (5) above; and

b

in the case of a refusal of leave to appeal, the reasons for the decision,

to the appellant or his solicitor and to the F12prosecutor.