Paragraph 9 AppealsI1

Scotland Not yet in force

(1)

The adult or the Chief Constable of the Police Service of Scotland may appeal to the relevant court against a decision made—

(a)

on an application under paragraph 3 (applications for CCE prevention orders);

(b)

under paragraph 4 (interim CCE prevention orders);

(c)

on an application under paragraph 7 (variation and discharge of CCE prevention orders made on application);

(d)

on an application under paragraph 8 (variation and discharge of CCE prevention orders made in criminal proceedings).

(2)

In this paragraph “relevant court” means—

(a)

in the case of a decision of a sheriff court, the Sheriff Appeal Court;

(b)

in the case of a decision of the High Court, the High Court.

(3)

On an appeal under sub-paragraph (1) the relevant court may make—

(a)

such orders as may be necessary to give effect to its determination of the appeal, and

(b)

such incidental and consequential orders as appear to it to be appropriate.

(4)

Where a CCE prevention order is made by virtue of sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1, the order is taken to be a sentence for the purposes of any appeal.

(5)

Where a CCE prevention order is made on appeal, for the purposes of this Schedule (other than this paragraph) the order is to be treated as made by the court from which the appeal was made.

Annotations

Commencement

I1: Sch. 7 para. 9 not in force at Royal Assent, see s. 255(10)(c)