Section 40 Abandonment of appeal

An appellant who has taken an appeal under section 76A(1) may abandon the appeal at any time before the hearing of the appeal.

An appeal shall be abandoned by way of lodging a minute of abandonment with the Clerk of Justiciary in the form set out in Form 18 of Schedule 1.

The Clerk of Justiciary, on receiving a minute of abandonment of an appeal in a case set down for trial in the sheriff court, shall inform the sheriff clerk and the other parties or their solicitors.

The sheriff, on the sheriff clerk being so informed, may proceed as accords with the case.