# Act of Adjournal (Criminal Procedure Rules) 1996, Rule 19.18B: Hearing of appeal presented in writing


(1) This rule applies to the hearing of an appeal where a case and argument has been lodged by the appellant in accordance with rule 19.18A(3).
(2) At the hearing of the appeal—
(a) the appellant’s case and argument and supporting documents constitute the principal submissions of the appellant;
(b) unless it otherwise directs, the court will expect the appellant to rely on the case and argument without reading it over to the court;
(c) the appellant may, subject to the control of the court, make supplementary comment to the case and argument;
(d) the appellant may respond to any case and argument lodged by the prosecutor; and
(e) the appellant is to answer any points raised by the court.
(3) Where the prosecutor lodges a case and argument, paragraph (2) applies with the necessary modifications to the prosecutor as it applies to the appellant.
(4) The appellant and the prosecutor have a duty to co-operate with each other and the court to ensure the completion of the hearing within the time allocated by the court.
(5) The court may, at any point during the hearing, set a timetable for the completion by a party of any submissions permitted in terms of paragraph (2)(b), (c), (d) or (e).
(6) On cause shown, the court may permit the appellant to introduce new information that has come to light in the period since the case and argument was lodged.
(7) Where the court permits the introduction of new information, it may at its discretion permit the lodging of additional documents in support of the new information.
(8) An appellant who wishes to introduce new information and lodge additional documents must send a copy of the information and documents to the Clerk of the Sheriff Appeal Court and the prosecutor as soon as the information and documents come into the appellant’s possession.
(9) An appellant who has sent new information and documents to the Clerk of the Sheriff Appeal Court must apply at the bar to allow it to be introduced or lodged, as the case may be.

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

