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Rule 19.1 Appeals relating to preliminary pleasI1

Scotland

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

(1)

If—

(a)

an accused states an objection to the competency or relevancy of a complaint or the proceedings, and

(b)

that objection is repelled,

he may apply for leave to appeal against that decision under section 174(1) of the Act of 1995 (appeals relating to preliminary pleas) only after stating how he pleads to the charge or charges set out in the complaint.

(2)

Subject to paragraph (1), the accused shall apply for leave to appeal against any decision to which that paragraph applies; and the court which made the decision shall determine that application immediately following the decision in question.

(3)

Where the court grants the application, the clerk of court shall enter in the minute of proceedings—

(a)

details of the decision in question; and

(b)

the granting of leave to appeal against it.

(4)

An appeal to which this rule applies shall be made by note of appeal in Form 19.1-A.

(5)

The note of appeal shall be lodged with the clerk of the court which granted leave to appeal not later than F1seven days after the decision appealed against.

(6)

The clerk of court shall, on the lodging of the note of appeal with him—

(a)

send a copy to the respondent or his solicitor;

(b)

request a report from the presiding judge; and

(c)

transmit—

(i)

the note of appeal,

(ii)

two certified copies of the complaint and the minutes of proceedings, and

(iii)

any other relevant documents,

to the F2Clerk of the Sheriff Appeal Court.

(7)

The presiding judge shall, as soon as possible after receiving a request for a report, send his report to the F3Clerk of the Sheriff Appeal Court who shall send a copy to the appellant and respondent or their solicitors.

(8)

The F4Clerk of the Sheriff Appeal Court shall arrange for the F5Sheriff Appeal Court to hear the appeal as soon as possible, and shall cause to be copied any documents necessary for the Sheriff Appeal Court.

(9)

Where the F6Sheriff Appeal Court makes any order postponing the trial diet under section 174(2) of the Act of 1995, or makes any such order and gives a direction under that section, the F7Clerk of the Sheriff Appeal Court shall send a copy of that order and any direction to—

(a)

the appropriate clerk of court;

(b)

any accused who are not parties to the appeal or to their solicitors; and

(c)

the governor of any institution in which any accused is detained.

(10)

Any such appeal may be abandoned at any time prior to the hearing of the appeal.

(11)

Where an appeal is abandoned, a minute of abandonment in Form 19.1-B shall be lodged with the F8Clerk of the Sheriff Appeal Court.

(12)

On the lodging of a minute of abandonment under paragraph (11), the F9Clerk of the Sheriff Appeal Court shall inform the appropriate clerk of court and the respondent or his solicitor that the appeal has been abandoned.

Annotations

Textual amendments

F1

Word in Sch. 2 rule 19.1(5) substituted (4.6.2012) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2012 (S.S.I. 2012/125), paras. 1(2), 5

F2

Words in Sch. 2 rule 19.1(6)(c) 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), 2(2)(a) (with para. 6(1))

F3

Words in Sch. 2 rule 19.1(7) 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), 2(2)(a) (with para. 6(1))

F4

Words in Sch. 2 rule 19.1(8) 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), 2(2)(a) (with para. 6(1))

F5

Words in Sch. 2 rule 19.1(8) 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), 2(2)(b) (with para. 6(1))

F6

Words in Sch. 2 rule 19.1(9) 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), 2(2)(b) (with para. 6(1))

F7

Words in Sch. 2 rule 19.1(9) 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), 2(2)(a) (with para. 6(1))

F8

Words in Sch. 2 rule 19.1(11) 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), 2(2)(a) (with para. 6(1))

F9

Words in Sch. 2 rule 19.1(12) 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), 2(2)(a) (with para. 6(1))

Commencement

I1

Sch. 2 rule 19.1 in force at 1.4.1996, see para. 1(1)