OpenLegislation

Section 48 Status of decisions of the Sheriff Appeal Court in precedentI1I2

(1)

A decision of the Sheriff Appeal Court on the interpretation or application of the law is binding—

(a)

in proceedings before a sheriff anywhere in Scotland,

(b)

in proceedings before a justice of the peace court anywhere in Scotland,

(c)

in proceedings before the Sheriff Appeal Court, except in a case where the Court hearing the proceedings is constituted by a greater number of Appeal Sheriffs than those constituting the Court which made the decision.

(2)

In subsection (1)(a), the reference to proceedings before a sheriff includes, in the case of criminal proceedings, a reference to solemn proceedings before a sheriff and jury.

Annotations

Commencement

I1

S. 48 in force at 22.9.2015 for specified purposes by S.S.I. 2015/247, art. 2, Sch.

I2

S. 48 in force at 1.1.2016 in so far as not already in force by S.S.I. 2015/378, art. 2, Sch.