# Act of Adjournal (Criminal Procedure Rules) 1996, Rule 34.3A: Hearing of appeals


(1) When an application for leave to appeal is made under—
(a) section 26 (appeal against extradition order);
(b) section 28 (appeal against discharge at extradition hearing);
(c) section 103 (appeal where case sent to Scottish Ministers); or
(d) section 105 (appeal against discharge at extradition hearing),
of the Act of 2003, the Clerk of Justiciary must intimate the application to the sheriff clerk.
(2) On intimation, the sheriff clerk must request a report from the presiding sheriff.
(3) The sheriff is to comply with that request within 14 days of receiving it.
(4) On receipt of the report from the sheriff the sheriff clerk must transmit that report together with two certified copies of the minutes of proceedings and any other relevant documents to the Clerk of Justiciary.
(5) When an application for leave to appeal is made under—
(a) section 108 (appeal against extradition order); or
(b) section 110 (appeal against discharge by Scottish Ministers),
of the Act of 2003, the Clerk of Justiciary must request a report from the Scottish Ministers.
(6) The Scottish Ministers are to comply with that request within 14 days of receiving it.
(7) Upon receipt of the report from the sheriff or the Scottish Ministers, the Clerk of Justiciary must—
(a) send a copy to the arrested person and the Crown Agent; and
(b) fix a diet for the hearing of the application for leave to appeal.
(8) At that diet the court may—
(a) refuse leave to appeal;
(b) grant leave to appeal and determine the appeal; or
(c) grant leave to appeal and order that a further diet be fixed for hearing the appeal.
(9) When leave to appeal is granted under paragraph (8)(c) the Clerk of Justiciary must fix a further diet for hearing the appeal.

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Source: https://www.legislation.gov.uk/uksi/1996/513/schedule/2/rule/34.3A (the official version)
Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/rule-34.3A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.