# Act of Adjournal (Criminal Procedure Rules) 1996, Rule 19.18A: Presentation of summary conviction appeals in writing


(1) Where the Sheriff Appeal Court considers that the circumstances of the case require it, it may direct that this rule and rule 19.18B apply to an appeal under section 175(2)(a) or (d) of the Act of 1995.
(2) Where in relation to any ground of appeal an appellant seeks to lead evidence—
(a) this rule applies to that ground of appeal only in relation to the question of whether that evidence should be led;
(b) the court may nevertheless make an order containing provision similar to this rule in relation to the presentation of submissions following the hearing of that evidence.
(3) The appellant must, within 42 days of the granting of leave to appeal in accordance with section 180 of the Act of 1995, lodge a case and argument.
(4) A case and argument must—
(a) set out, for each ground of appeal, a succinct and articulate statement of the facts founded upon and the propositions of law being advanced;
(b) contain an estimate of how long will be required for the hearing of the appeal; and
(c) be signed—
(i) by the solicitor or counsel representing the appellant in the appeal; or
(ii) where the appellant intends to conduct the appeal personally, by the appellant.
(5) A case and argument must, when lodged, be accompanied by—
(a) all documents, or a copy thereof, referred to or founded upon in the case and argument and not already lodged in the appeal process; and
(b) all authorities, or a copy thereof, listed in the case and argument and not contained within a publication specified by the Lord Justice General by direction.
(6) The prosecutor—
(a) may lodge a case and argument in response to the appellant’s case and argument if the prosecutor considers it appropriate;
(b) must do so if the court, considering that the circumstances of the case require it, orders the prosecutor to do so.
(7) Where the court makes an order under paragraph (6)(b), the prosecutor must lodge the case and argument within 21 days of the making of that order.
(8) At the same time as a case and argument is lodged, a copy of it and all accompanying documents must be sent to the other party to the appeal.
(9) Where the Clerk of the Sheriff Appeal Court considers a case and argument to be unduly lengthy, the matter is to be referred to an Appeal Sheriff who is to give such directions as are considered appropriate.
(10) Where a case and argument is not lodged timeously, the Clerk of the Sheriff Appeal Court is to refer the matter to the President of the Sheriff Appeal Court, whom failing the Vice President of the Sheriff Appeal Court, for such action as is considered appropriate.
(11) The court may, on the application of the relevant party and on cause shown, extend the period for lodging a case and argument.

---
Source: https://www.legislation.gov.uk/uksi/1996/513/schedule/2/rule/19.18A (the official version)
Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/rule-19.18A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.