Paragraph 9.7 Procedure on lodging note of appealF1

(1)

On the lodging of a note of appeal with the sheriff clerk, he shall F2, in those cases where leave to appeal is required, endorse on it a certificate that leave to appeal has been granted and the date and time of lodging.

(2)

As soon as possible after the lodging of a note of appeal with the sheriff clerk, he shall–

(a)

send a copy of the note of appeal to the other parties or their solicitors;

(b)

request a report on the circumstances relating to the decision from the sheriff; and

(c)

transmit the note of appeal to the Clerk of Justiciary with a certified copy of–

(i)

the indictment;

(ii)

the record of proceedings; and

(iii)

any other relevant document.

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))
F2: Words in Sch. 2 rule 9.7(1) inserted (29.5.2017) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2017 (S.S.I. 2017/144), paras. 1(2), 2(3)(c)