Paragraph 19.10A Suspension of sentence under s.193A of the Act of 1995F1

Scotland

(1)

Where a convicted person or the prosecutor appeals to the F2Sheriff Appeal Court under section 175 of the Act of 1995, any application to suspend a relevant sentence shall be made with—

(a)

the application to the court to state a case for the opinion of the Sheriff Appeal Court; or

(b)

the note of appeal, as the case may be.

(2)

On an application being made under paragraph (1) to suspend a sentence the court shall grant or refuse to grant the application within seven days of its being made.

(3)

In the application of section 193A of the Act of 1995 (suspension of certain sentences pending appeal) to a case in which leave to appeal has been refused under section 180 or 187 of that Act, the word “determined” in subsection (1) of the said section 193A shall be construed as meaning—

(a)

the fifteenth day after the date of intimation to the appellant or his solicitor and to the F3prosecutor of refusal of leave under subsection (1)(b) of section 180 or 187 of that Act, as the case may be, unless the appellant applies to the F4Sheriff Appeal Court for leave to appeal; or

(b)

the seventh day after the date of intimation to the appellant or his solicitor and to the F5prosecutor of the refusal of leave by the F6Sheriff Appeal Court under subsection (5)(b) of section 180 or subsection (4)(b) of section 187 of that Act, as the case may be.

Annotations

Textual amendments

F1: Sch. 2 rule 19.10A inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(3)
F2: Words in Sch. 2 rule 19.10A(1) substituted (22.9.2015) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015 (S.S.I. 2015/245), paras. 1(2), 2(8)(a) (with para. 6(1))
F3: Word in Sch. 2 rule 19.10A(3)(a) substituted (22.9.2015) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015 (S.S.I. 2015/245), paras. 1(2), 2(8)(b) (with para. 6(1))
F4: Words in Sch. 2 rule 19.10A(3)(a) substituted (22.9.2015) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015 (S.S.I. 2015/245), paras. 1(2), 2(8)(a) (with para. 6(1))
F5: Word in Sch. 2 rule 19.10A(3)(b) substituted (22.9.2015) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015 (S.S.I. 2015/245), paras. 1(2), 2(8)(b) (with para. 6(1))
F6: Words in Sch. 2 rule 19.10A(3)(b) substituted (22.9.2015) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015 (S.S.I. 2015/245), paras. 1(2), 2(8)(a) (with para. 6(1))