# Act of Adjournal (Criminal Procedure Rules) 1996, Rule 17.1: Appeals against extension of period of detention

Extent: S

(1) A note of appeal presented to the Sheriff 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 Clerk 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 Clerk 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.
(4A) Where the sheriff’s report is not included in the documents mentioned in paragraph (4) the Clerk 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 Clerk 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.

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Source: https://www.legislation.gov.uk/uksi/1996/513/schedule/2/rule/17.1 (the official version)
Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/rule-17.1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.