Act of Adjournal (Consolidation) 1988

PART IVAPPEAL PROCEDURE

Forms for appeal

84.—(1) For the purposes of appeals, the forms specified by number in column 3 of the Table set out below and set out under those numbers in Schedule 1 are the forms prescribed under the 1975 Act for the purposes of the sections of that Act specified in column 1 of the Table relating respectively to the matters summarised in column 2 of the Table, and shall have effect for those purposes.

(2) Where the Clerk of Justiciary extends the period for lodging a written note of appeal under section 233(1) he shall record the period of any such extension on the completed form of intimation of intention to appeal.

Intimation of appeal against sentence of death

85.  The Clerk of Justiciary shall intimate an appeal against a conviction in respect of which sentence of death has been pronounced and the determination in any such appeal immediately on such intimation or determination, as the case may be, to—

(a)the Secretary of State for Scotland; and

(b)the governor of the prison in which the appellant is detained.

Suspension of disqualification from driving pending appeal

86.—(1) Where a person who has been disqualified from holding or obtaining a driving licence appeals against that disqualification to the Court, any application to suspend that disqualification pending the hearing of the appeal shall be made—

(a)if the sentencing court was the sheriff, by application to the sheriff;

(b)if the sentencing court was the High Court, or if an application to the sheriff under sub-paragraph (a) has been refused, by petition in the form set out in Form 44 of Schedule 1.

(2) An application to the sheriff under paragraph (1)(a) shall be in the form set out in Form 44A of Schedule 1 and shall be lodged with the sheriff clerk together with a copy of the Note of Appeal endorsed with the receipt of the Clerk of Justiciary.

(3) The sheriff clerk shall record the order made by the sheriff on the application in the minute of proceedings.

(4) A petition under paragraph (1)(b) shall be lodged with the Clerk of Justiciary.

(5) The petitioner or his solicitor shall, on lodging the petition, send a copy of it to—

(a)the Crown Agent, and

(b)if the sentencing court was the sheriff, of the clerk of that court.

(6) The court may order such further intimation (including intimation to the Lord Advocate) as it thinks fit, and may dispose of the application in open court or in chambers as it thinks fit.

(7) An order made by a single judge under paragraph (6) shall not be subject to review.

(8) On an order being made on the petition, the Clerk of Justiciary shall, if the sentencing court was the sheriff, send a certified copy of the order to the clerk of that court.

(9) If the order suspends the disqualification, the Clerk of Justiciary shall also send a certified copy of the order to the Secretary of State with such further information as the Secretary of State may require.

(10) The Clerk of Justiciary shall, on determination of the appeal—

(a)if the sentencing court was the sheriff, send the clerk of that court a certified copy of the order determining the appeal and the clerk shall, if appropriate, make the appropriate endorsement on the appellant’s driving licence and intimate the disqualification;

(b)otherwise if the appeal against the disqualification is refused, make the appropriate endorsement on the appellant’s driving licence, and intimate the disqualification.