# Act of Adjournal (Consolidation) 1988, Section 128: Appeals from decisions on competency and relevancy


(1) If—
(a) an accused states an objection to the competency or relevancy of the complaint or the proceedings; and
(b) that objection is repelled,
he may only apply for leave to appeal against that decision under section 334(2A) after stating how he pleads to the charge or charges set out in the complaint.
(2) Subject to paragraph (1), the accused shall apply for leave to appeal against any decision to which that paragraph applies and the court shall determine that application immediately following the decision in question.
(3) If the court grants the application, the clerk of court shall enter in the minutes of proceedings—
(a) details of the decision in question, and
(b) the granting of leave to appeal against it.
(4) An appeal under section 334 shall be made by way of note of appeal in the form set out in Form 78 of Schedule 1.
(5) The note of appeal shall be lodged with the clerk of the court that granted leave to appeal not later than 2 days after the decision in question.
(6) The clerk of court shall, on the lodging of the note of appeal with him—
(a) send a copy to the respondent or his solicitors;
(b) request a report from the presiding judge;
(c) transmit the note of appeal, and certified copies of the complaint, minutes of proceedings and relevant documents to the Clerk of Justiciary.
(7) The presiding judge shall, as soon as possible after receiving the request for a report, send his report to the Clerk of Justiciary, who shall send a copy to the appellant and respondent or their solicitors.
(8) The Clerk of Justiciary shall arrange for the Appeal Court to hear the appeal as soon as possible, and shall cause to be copied any documents necessary for the Appeal Court.
(9) If the High Court makes any order postponing the trial diet under section 334(2B), or makes any such order and gives a direction under that section, the Clerk of Justiciary shall send a copy of that order, or of that order and direction, to the appropriate clerk of court and to any accused who are not parties to the appeal, or to their solicitors, and to the governor of any institution in which any of the accused is detained.
(10) Any such appeal may be abandoned at any time prior to the hearing of the appeal.
(11) An appeal shall be abandoned by lodging with the Clerk of Justiciary a minute of abandonment in the form set out in Form 79 of Schedule 1.
(12) On the lodging of a minute of abandonment under paragraph (11), the Clerk of Justiciary shall inform the appropriate clerk of court and the respondent or his solicitor that the appeal has been abandoned, and the court of first instance may then proceed as accords.

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Source: https://www.legislation.gov.uk/uksi/1988/110/section/128 (the official version)
Page: https://openlegislation.uk/act-of-adjournal-consolidation-1988/section-128
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.