Paragraph 15.15 Amended grounds of appealF1
On cause shown, the High Court may grant leave to an appellant to amend the grounds of appeal contained in the note of appeal.
Where the High Court has granted leave to amend the grounds of appeal under paragraph (1), it may order—
that the Clerk of Justiciary shall send a copy of the amended note of appeal to the judge who presided at the trial; and
that as soon as is reasonably practicable after receiving a copy of the amended note of appeal, the judge who presided at the trial shall provide the Clerk of Justiciary with a written report on the amended grounds of appeal.
Section 113(2) to (4) of the Act of 1995 (judge’s report) shall apply to a report on the amended grounds of appeal ordered under paragraph (2) as it applies to a report under subsection (1) of that section.
Where the High Court grants leave to amend under paragraph (1), section 107 of the Act of 1995 shall apply, unless the Court otherwise directs, for the purposes of obtaining leave to appeal for the amended grounds of appeal as it applied for the purposes of the original grounds of appeal and, for the references in subsection (2)(a) and (c) of that section to the note of appeal and the trial judge’s report, there shall be substituted references to the amended grounds of appeal contained in the amended note of appeal and the trial judge’s report, if any, on the amended grounds of appeal, respectively.
This rule does not apply to appeals on reference to the High Court under section 194B of the Act of 1995.
Annotations
Textual amendments
- F1
Sch. 2 rule 15.15 inserted (26.8.2002) by Act of Adjournal (Criminal Appeals) 2002 (S.S.I. 2002/387), paras. 1(2), 3(4)
- F2
Sch. 2 rule 15.15(5) inserted (5.11.2010) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Scottish Criminal Cases Review Commission) 2010 (S.S.I. 2010/386), paras. 1(2), 2(2) (with para. 2(4))