Paragraph 19E.3 Documents to be considered in determining an application for permissionF1

(1)

Where an application for permission is being considered and determined under section 194ZD of the Act of 1995, the following documents are specified for the purposes of section 194ZF(1)(c)(ii)—

(a)

the judgment of the Sheriff Appeal Court appealed against;

(b)

the minute of proceedings—

(i)

in the Sheriff Appeal Court;

(ii)

in the court in which the complaint was brought;

(c)

a certified copy of the complaint;

(d)

the appeal document;

(e)

any other relevant documents sent by the clerk of court to the Clerk of the Sheriff Appeal Court under section 179(8)(b) or section 186(4)(a);

(f)

any other documents that the Clerk of the Sheriff Appeal Court considers are relevant.

(2)

In paragraph (1), “appeal document” means the document or documents by which the appeal to the Sheriff Appeal Court was instituted, that is in an appeal under the provision mentioned in the first column of the following table, the document or documents mentioned in the second column—

Provision	Appeal document(s)
Section 32(1) or (2)	The notice of appeal and the report mentioned in section 32(3B)(b), unless the sheriff court has determined the appeal without the report in accordance with section 32(3H)(b)
Section 175(2)(a) or (d) or (3)	The stated case
Section 175(2)(b), (c) or (cza) or (4)	The note of appeal and the report mentioned in section 186(3)(b), unless the Sheriff Appeal Court has determined the appeal without the report in accordance with section 186(7)
Section 191	The bill of suspension or bill of advocation

(3)

Where an application for permission is being considered and determined under section 194ZE, the following documents are specified for the purposes of section 194ZF(1)(c)(ii)—

(a)

the documents specified in paragraph (1);

(b)

the reasons in writing given under section 194ZD(3)(a).

Annotations

Textual amendments

F1: Sch. 2 Pt. 4A inserted (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), 3 (as amended by S.S.I. 2015/295, paras. 1(2), 6(3))