Paragraph 27A.1 Appeal against decision of sheriffF1

Scotland

(1)

An appeal under section 301A(5) of the Act of 1995 shall be lodged with the F2clerk of the appropriate Appeal Court not later than 2 days after the date of the decision of the sheriff and shall be served on the other parties to the F3application.

(2)

Where the last day of the period referred to in paragraph (1) falls on a Saturday, Sunday or court holiday, such period shall extend to and include the next day which is not a Saturday, Sunday or court holiday.

(3)

An appeal under paragraph (1) shall be in Form 27A.1.

(F44)

In this rule, “clerk of the appropriate Appeal Court” means—

(a)

in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;

(b)

in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of the Sheriff Appeal Court.

Annotations

Textual amendments

F1: Sch. 2 Ch. 27A inserted (10.12.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) (Criminal Proceedings etc. (Reform) (Scotland) Act 2007) 2007 (S.S.I. 2007/511), paras. 1(1), 8(1)
F2: Words in Sch. 2 rule 27A.1(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), 4(5)(a) (with para. 6(1))
F3: Word in Sch. 2 rule 27A.1(1) substituted (1.6.2010) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2010 (S.S.I. 2010/184), paras. 1(1), 6(2)
F4: Sch. 2 rule 27A.1(4) 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), 4(5)(b) (with para. 6(1))