[F1194B [F2References by the Commission]S
(1)The Commission on the consideration of any conviction of a person or of the sentence (other than sentence of death) passed on a person who has been convicted on indictment [F3or complaint] may, if they think fit, at any time, and whether or not an appeal against such conviction or sentence has previously been heard and determined by the High Court [F4or the Sheriff Appeal Court], refer the whole case to the High Court and F5... the case shall be heard and determined, subject to any directions the High Court may make, as if it were an appeal under Part VIII [F6or, as the case may be, Part X] of this Act.
(2)The power of the Commission under this section to refer to the High Court the case of a person convicted shall be exercisable whether or not that person has petitioned for the exercise of Her Majesty’s prerogative of mercy.
(3)This section shall apply in relation to a finding under section 55(2) and an order under section 57(2) of this Act as it applies, respectively, in relation to a conviction and a sentence.
[F7(3A)For the purposes of an appeal under Part X of this Act in a case referred to the High Court under subsection (1)—
(a)the High Court may exercise in the case all the powers and jurisdiction that the Sheriff Appeal Court would, had the case been an appeal to that Court, have had in relation to the case by virtue of section 118 of the Courts Reform (Scotland) Act 2014, and
(b)accordingly, Part X of this Act has effect in relation to the case subject to the following modifications—
(i)references to the Sheriff Appeal Court are to be read as references to the High Court,
(ii)references to an Appeal Sheriff are to be read as references to a judge of the High Court,
(iii)references to the Clerk of the Sheriff Appeal Court are to be read as reference to the Clerk of Justiciary.]
(4)For the purposes of this section “person” includes a person who is deceased.]
Textual Amendments
F1Pt. XA (ss. 194A-194L) inserted (1.1.1998 for the purpose of inserting ss. 194A, 194E and 194G, otherwise 1.4.1999) by 1997 c. 48, s. 25(1); S.I. 1997/3004, art. 2, Sch.; S.I. 1999/652, art. 2, Sch. (subject to art. 3)
F2S. 194B title substituted (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 96(3), 117(2); S.S.I. 2016/426, art. 2, sch.
F3Words in s. 194B(1) inserted (1.4.1999) by S.I. 1999/1181, art. 3(a)
F4Words in s. 194B(1) inserted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), ss. 121(2), 138(2); S.S.I. 2015/247, art. 2, sch.
F5Words in s. 194B(1) repealed (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 96(2), 117(2); S.S.I. 2016/426, art. 2, sch.
F6Words in s. 194B(1) inserted (1.4.1999) by S.I. 1999/1181, art. 3(b)
F7S. 194B(3A) inserted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), ss. 121(3), 138(2); S.S.I. 2015/247, art. 2, sch.