Paragraph 19.19 Presentation of summary sentence appeal in writingF1F2
Scotland
This rule applies to an appeal under section 175(2)(b), (c) or (ca) or by virtue of section 175(4) of the Act of 1995 listed in terms of rule 19.14 (list of appeals).
In an appeal to which paragraph (1) applies the appellant shall present his case in writing.
The solicitor for the appellant or, if unrepresented, the appellant shall—
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
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.
The case and argument referred to in paragraph (3) shall be signed—
by the solicitor or counsel representing the appellant in the appeal; or
where the appellant intends to conduct the appeal personally, by the appellant.
At the hearing of the appeal—
the case and argument and supporting documents referred to in paragraph (3) shall constitute the submissions of the appellant;
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
the appellant may make supplementary comments to the case and argument; and shall answer any points raised by the Court.
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.
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.
A party who wishes to introduce new information and lodge additional documents shall send a copy of the information and documents to the F6Clerk of the Sheriff Appeal Court as soon as the information and documents come into the appellant’s possession.
A party who has sent new information and documents to the F7Clerk of the Sheriff Appeal Court shall make application at the bar to allow it to be introduced or lodged, as the case may be.
Where the documents referred to in paragraph (3) are not lodged timeously, the F8Clerk of the Sheriff Appeal Court shall refer the matter to the F9President of the Sheriff Appeal Court, whom failing the F10Vice President of the Sheriff Appeal Court, for such action as the President of the Sheriff Appeal Court or Vice President of the Sheriff Appeal Court, as the case may be, considers appropriate.
Annotations
Textual amendments
- F1
Sch. 2 rule 19.18 inserted (1.9.2003) by Act of Adjournal (Criminal Appeals) 2003 (S.S.I. 2003/387), paras. 1(1), 3(3)(b) (with para. 4)
- F2
Sch. 2 rule 19.18 renumbered as rule 19.19 (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(9)
- F3
Word in Sch. 2 rule 19.19(3)(a) substituted (16.7.2012) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2012 (S.S.I. 2012/187), paras. 1(2), 2(4) (with para. 4(1))
- F4
Words in Sch. 2 rule 19.19(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(17)(a) (with para. 6(1))
- F5
Sch. 2 rule 19.19(4) 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(17)(b) (with para. 6(1))
- F6
Words in Sch. 2 rule 19.19(8) 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(17)(c) (with para. 6(1))
- F7
Words in Sch. 2 rule 19.19(9) 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(17)(c) (with para. 6(1))
- F8
Words in Sch. 2 rule 19.19(10) 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(17)(d)(i) (with para. 6(1))
- F9
Words in Sch. 2 rule 19.19(10) 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(17)(d)(ii) (with para. 6(1))
- F10
Words in Sch. 2 rule 19.19(10) 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(17)(d)(iii) (with para. 6(1))