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Rule 17.1 Appeals against extension of period of detentionI1

Scotland

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

(1)

A note of appeal presented to the F1Sheriff Appeal Court under section 147(3) of the Act of 1995 (appeal against grant or refusal of extension of 40 days detention) shall be made in Form 17.1.

(2)

Such a note of appeal shall be served by the appellant on—

(a)

the respondent; and

(b)

the clerk of the court against the decision of which the appeal is taken.

(3)

The appellant in such a note of appeal shall lodge with the F2Clerk of the Sheriff Appeal Court—

(a)

the note of appeal; and

(b)

the certificate of execution of service in respect of the persons mentioned in paragraph (2).

(4)

The clerk of the court against the decision of which the appeal is taken shall, as soon as practicable after being served with the note of appeal, transmit to the F3Clerk of the Sheriff Appeal Court the original application and all the relative documents; and the Clerk of the Sheriff Appeal Court shall, on receipt of those documents, assign the appeal to the roll and intimate the date of the diet to the appellant and the respondent.

F4(4A)

Where the sheriff’s report is not included in the documents mentioned in paragraph (4) the F5Clerk of the Sheriff Appeal Court shall request the report from the clerk of the court against the decision of which the appeal is taken.

(5)

The F6Clerk of the Sheriff Appeal Court shall intimate the result of the appeal to the court against the decision of which the appeal was taken and to the governor of the institution in which the appellant is detained.

Annotations

Textual amendments

F1

Words in Sch. 2 rule 17.1(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(4)(a) (with para. 6(1))

F2

Words in Sch. 2 rule 17.1(3) 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(4)(b) (with para. 6(1))

F3

Words in Sch. 2 rule 17.1(4) 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(4)(b) (with para. 6(1))

F4

Sch. 2 rule 17.1(4A) inserted (4.6.2012) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2012 (S.S.I. 2012/125), paras. 1(2), 4

F5

Words in Sch. 2 rule 17.1(4A) 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(4)(b) (with para. 6(1))

F6

Words in Sch. 2 rule 17.1(5) 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(4)(b) (with para. 6(1))

Commencement

I1

Sch. 2 rule 17.1 in force at 1.4.1996, see para. 1(1)