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Rule 7.9 AppealsF1F2

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

(1)

An appeal under–

(a)

section 62 of the Act of 1995 (appeal by accused in case involving insanity); or

(b)

section 63 of the Act of 1995 (appeal by prosecutor in case involving insanity),

shall be made by lodging a note of appeal in Form 7.9.

(2)

At the same time as lodging a note of appeal under paragraph (1), the applicant shall send a copy to the other parties.

(3)

As soon as possible after the lodging of a note of appeal under paragraph (1), the F3clerk of the appropriate Appeal Court shall request a report from the judge who made the finding, order or acquittal which is the subject of the appeal.

(F44)

In this rule, “clerk of the appropriate Appeal Court” means—

(a)

in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;

(b)

in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of the Sheriff Appeal Court.

Annotations

Textual amendments

F1

Sch. 2 Ch. 7 substituted (5.10.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Mental Health (Care and Treatment) (Scotland) Act 2003) 2005 (S.S.I. 2005/457), paras. 1(1), 2(2)

F2

Sch. 2 rule 7.9 inserted (2.5.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2007 (S.S.I. 2007/276), paras. 1(1), 2(2)

F3

Words in Sch. 2 rule 7.9(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), 4(3)(a) (with para. 6(1))

F4

Sch. 2 rule 7.9(4) inserted (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), 4(3)(b) (with para. 6(1))