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Paragraph 9.11 Abandonment of appealF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An appellant who has taken an appeal under section 74(1) of the Act of 1995 (appeal in connections with first diet) may abandon the appeal at any time before the hearing of the appeal.

(2)

An abandonment of such an appeal shall be made by lodging a minute of abandonment in Form 9.11 with the Clerk of Justiciary.

(3)

The Clerk of Justiciary, on receiving such a minute of abandonment, shall inform the sheriff clerk and the other parties or their solicitors.

(4)

The sheriff, on the sheriff clerk being so informed, may proceed as accords with the case.

Annotations

Textual amendments

F1

Sch. 2 Chs. 9-9B substituted for Sch. 2 Ch. 9 (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(11) (with para. 2(2)-(4))