# Act of Adjournal (Criminal Procedure Rules) 1996, Paragraph 15.16: Presentation of solem sentence appeal in writing.


(1) This rule applies to an appeal under sections 106(1)(b) to (e) , 108(1) or 210F(3) of the Act of 1995 listed in terms of rule 15.1(3) (register and lists of appeals).
(2) In an appeal to which paragraph (1) applies, the appellant shall present his case in writing.
(3) The solicitor for the appellant or, if unrepresented, the appellant shall—
(a) not later than 14 days before the date assigned for the appeal court hearing, lodge a case and argument in Form 15.16;
(b) lodge with the case and argument all documents, or a copy thereof, referred to or founded upon in the case and argument and not already lodged; and
(c) at the same time as he lodges the case and argument referred to in sub-paragraph (a) and the supporting documents referred to in sub-paragraph (b), send a copy to the Crown or, where the Crown is the appellant, to the respondent.
(4) The case and argument referred to in paragraph (3) shall be signed by counsel or the solicitor advocate representing the appellant in the appeal, or by the appellant where the appellant intends to conduct the appeal himself.
(5) At the hearing of the appeal—
(a) the case and argument and supporting documents referred to in paragraph (3) shall constitute the submissions of the appellant;
(b) unless it otherwise directs, the Court will expect the appellant to rely upon the case and argument without reading it over to the Court; and
(c) the appellant may make supplementary comments to the case and argument; and shall answer any points raised by the Court.
(6) On cause shown, the Court may permit the appellant to introduce new information that has come to light in the period since the case and argument was lodged.
(7) Where the Court permits the introduction of new information, it may at its discretion permit the lodging of additional documents in support of the new information.
(8) A party who wishes to introduce new information and lodge additional documents shall send a copy of the information and documents to the Clerk of Justiciary as soon as the information and documents come into the appellant’s possession.
(9) A party who has sent new information and documents to the Clerk of Justiciary shall make application at the bar to allow it to be introduced or lodged, as the case may be.
(10) Where the documents referred to in paragraph (3) are not lodged timeously, the Deputy Principal Clerk of Justiciary shall refer the matter to the Lord Justice-General, whom failing the Lord Justice-Clerk, for such action as the Lord Justice-General or Lord Justice-Clerk, as the case may be, considers appropriate.

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Source: https://www.legislation.gov.uk/uksi/1996/513/schedule/2/paragraph/15.16 (the official version)
Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/paragraph-15.16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

