Rule 15.1 Register and lists of appealsI1

Scotland

(1)

The Clerk of Justiciary shall keep a register, in such form as he thinks fit, of all cases in which he receives intimation of intention to appeal or, in the case of an appeal under section 106 (right of appeal) F1, section 108 (Lord Advocate’s appeal against sentence) or section 210F(3) (prosecutor’s appeal against refusal to make an order for lifelong restriction) of the Act of 1995, a note of appeal under section 110 of that Act.

(2)

The register kept under paragraph (1) shall be open for public inspection at such place and at such hours as the Clerk of Justiciary, subject to the approval of the Lord Justice General, considers convenient.

(3)

The Clerk of Justiciary shall—

(a)

prepare from time to time, a list of appeals to be dealt with by the High Court; and

(b)

cause such list to be published in such manner as, subject to the approval of the Lord Justice General, he considers convenient for giving due notice to persons having an interest in the hearing of such appeals by the High Court.

F2(4)

Subject to paragraph (5), the Clerk of Justiciary shall give the respective solicitors representing parties to an appeal so listed at least 14 days notice of the date fixed for the hearing of the appeal.

(5)

In an appeal under sections 106(1)(b) to (e) F3, 108(1) or 210F(3) of the Act of 1995, the period of notice mentioned in paragraph (4) shall be F428 days.

Annotations

Textual amendments

F1: Words in Sch. 2 rule 15.1(1) substituted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(3)(a)
F2: Sch. 2 rule 15.1(4)(5) inserted (1.9.2003) by Act of Adjournal (Criminal Appeals) 2003 (S.S.I. 2003/387), paras. 1(1), 3(2)(a) (with para. 4)
F3: Words in Sch. 2 rule 15.1(5) substituted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(3)(b)
F4: Word in Sch. 2 rule 15.1(5) substituted (16.7.2012) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2012 (S.S.I. 2012/187), paras. 1(2), 2(1) (with para. 4(1))

Commencement

I1: Sch. 2 rule 15.1 in force at 1.4.1996, see para. 1(1)