Section 39 Order of appeal court

The Clerk of Justiciary shall intimate to the sheriff clerk the decision of the High Court disposing of an appeal under section 76A(1) (appeal against decision at preliminary diet).

If the High Court in disposing of an appeal under section 76A(1) reverses a decision that dismisses the case against the accused, and makes a direction to the Court of first instance that it fix a trial diet, that direction shall be authority to the Clerk of Justiciary or the sheriff clerk, as the case may be, to issue a fresh warrant for citation under section 69 (warrant of citation).