Section 113A Judge's observations in expedited appealF1

(1)

On receiving a note of appeal given under section 110(1)(e), the judge who presided at the trial may give the Clerk of Justiciary any written observations that the judge thinks fit on—

(a)

the case generally,

(b)

the grounds contained in the note of appeal.

(2)

The High Court may hear and determine the appeal without any such written observations.

(3)

If written observations are given under subsection (1), the Clerk of Justiciary must give a copy of them to—

(a)

the accused or the accused's solicitor, and

(b)

the prosecutor.

(4)

The written observations of the judge are available only to—

(a)

the High Court,

(b)

the parties, and

(c)

any other person or classes of person prescribed by Act of Adjournal, in accordance with any conditions prescribed by Act of Adjournal.

Annotations

Textual amendments

F1: S. 113A inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 76(3), 206(1); S.S.I. 2011/178, art. 2, sch.

Notes on Part VIII

Modifications

C1: Pt. 8 (ss. 103-132): power to modify or apply (with modifications) conferred (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , ss. 94(2) , 104 ; S.S.I. 2007/84 , art. 3(2)