OpenLegislation

Rule 19.12 Duty to print stated case etc.I1

Scotland

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

(1)

The solicitor for the appellant or, if unrepresented, the appellant shall—

(a)

print the complaint, minutes of proceedings and stated case or bill of suspension;

(b)

not later than F1twenty-one days before the hearing, return the process to the F2Clerk of the Sheriff Appeal Court; and

(c)

provide—

(i)

the F3Clerk of the Sheriff Appeal Court with four copies of the print; and

(ii)

the respondent or his solicitor with three copies of the print.

(2)

Where the solicitor for the appellant or the appellant, as the case may be, cannot comply with any of the requirements of paragraph (1), he shall, not later than twenty-one days before the hearing, so inform the F4Clerk of the Sheriff Appeal Court in writing with reasons.

(3)

On being so informed, the F5Clerk of the Sheriff Appeal Court may in his discretion postpone the hearing by dropping the appeal from the F6Criminal Appeal Roll.

(4)

Where the F7Clerk of the Sheriff Appeal Court does not drop the appeal from the roll under paragraph (3), the court may, at the hearing, allow the appeal to be dropped from the roll or may dismiss the appeal.

Annotations

Textual amendments

F1

Word in Sch. 2 rule 19.12 substituted (18.8.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004 (S.S.I. 2004/346), paras. 1(1), 2(2)

F2

Words in Sch. 2 rule 19.12(1)(b) 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(10)(a) (with para. 6(1))

F3

Words in Sch. 2 rule 19.12(1)(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(10)(a) (with para. 6(1))

F4

Words in Sch. 2 rule 19.12(2) 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(10)(a) (with para. 6(1))

F5

Words in Sch. 2 rule 19.12(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), 2(10)(a) (with para. 6(1))

F6

Words in Sch. 2 rule 19.12(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), 2(10)(b) (with para. 6(1))

F7

Words in Sch. 2 rule 19.12(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), 2(10)(a) (with para. 6(1))

Commencement

I1

Sch. 2 rule 19.12 in force at 1.4.1996, see para. 1(1)