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Paragraph 9.5 Applications for leave to appealF1

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

(1)

An application for leave to appeal to the High Court under section 74(1) of the Act of 1995 (appeal against a decision of the sheriff at a first diet) shall be made by motion to the sheriff at that diet immediately following the making of the decision in question, and shall be granted or refused at that time.

(2)

A decision under this rule shall be recorded in the minute of proceedings.

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))