The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015

Section 28E of the Animal Health Act 1981^f1 (deliberate infection: deprivation orders) is amended as follows.

In subsection (11), for “High Court of Justiciary” substitute “appropriate Appeal Court”.

After subsection (11) insert—

“(11A)

In subsection (11), “appropriate Appeal Court” means—

(a)

in the case of an appeal against an order made following summary conviction, the Sheriff Appeal Court; and

(b)

in the case of an appeal against an order made following conviction on indictment, the High Court of Justiciary.”.

Section 41 of the Road Traffic Offenders Act 1988^f1 (power of High Court of Justiciary to suspend disqualification) is amended as follows.

In subsection (2)—

After subsection (2) insert—

“(2A)

Where the court hearing the appeal is the Sheriff Appeal Court, the reference in subsection (2) to a single judge of the court is a reference to an Appeal Sheriff.”.

In subsection (3), for “High Court” substitute “court hearing the appeal”.

The title of that section becomes “Power of appellate courts in Scotland to suspend disqualification.”.

Section 4 of the Dangerous Dogs Act 1991^f1 (destruction and disqualification orders) is amended as follows.

In subsection (9)—

Section 27 of the Proceeds of Crime (Scotland) Act 1995^f1 (appeal against court decision under section 25(1) or 26(1)) is amended as follows.

In each of subsections (1) and (3), for “High Court of Justiciary” substitute “appropriate Appeal Court”.

In subsection (1), for “High Court” substitute “appropriate Appeal Court”.

After subsection (3) insert—

“(4)

In this section, “appropriate Appeal Court” means—

(a)

in the case of an appeal under this section against the refusal or grant of an application in summary proceedings, the Sheriff Appeal Court; and

(b)

in the case of an appeal under this section against the refusal or grant of an application in proceedings on indictment, the High Court of Justiciary.”.

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

In section 62 (appeal by accused not criminally responsible or unfit for trial)—

In section 63 (appeal by prosecutor where accused found not criminally responsible or unfit for trial)—

In section 147(3) (appeal against grant or refusal of any application to extend the period mentioned in section 147(1)), for “High Court” substitute “Sheriff Appeal Court”.

In section 156D^f1 (appeals in respect of orders under section 156A(1))—

In section 200 (remand for inquiry into physical or mental condition)—

In section 201 (power of court to adjourn case before sentence)—

In section 245J^f2 (breach of certain orders: adjourning hearing and remanding in custody etc.)—

In section 254B(7)^f3 (issuing of a European Protection Order), after “High Court” insert “, the Sheriff Appeal Court”.

In section 271V^f4 (appeals)—

In section 271W (appeal against the making of a witness anonymity order), in each of subsections (1)(b) and (2) for “High Court” substitute “court hearing the appeal”.

In section 271X (appeal against the refusal to make a witness anonymity order), in each of subsections (1)(b) and (2) for “High Court” substitute “court hearing the appeal”.

In section 271Y (appeal against a variation of a witness anonymity order), in each of subsections (1)(b), (2) and (3) for “High Court” substitute “court hearing the appeal”.

In section 271Z (appeal against a refusal to vary or discharge a witness anonymity order), in each of subsections (1)(b), (2) and (3) for “High Court” substitute “court hearing the appeal”.

In section 298 (trial judge’s report)—

In section 298A (intimation of bills and of petitions to the nobile officium)^f5—

In section 299 (correction of entries)—

In section 300 (amendment of records of conviction and sentence in summary proceedings), in each of subsections (1) and (3), for “High Court” in each place where it occurs (other than in the expression “judge of the High Court”) substitute “Sheriff Appeal Court”.

In section 300A(2)^f6 (power to excuse procedural irregularities on appeal), for “High Court” substitute “court hearing the appeal”.

In section 301A^f7 (recovery of documents)—

In section 303A^f8 (transfer of rights of appeal of deceased person)—

The Police, Public Order and Criminal Justice (Scotland) Act 2006^f1 is amended as follows.

In section 60(3) (appeals)—

After section 95(4) (sentencing: consideration of undisclosed information) insert—

“(4A)

Subsection (3) does not prevent disclosure by the court or the Clerk of the Sheriff Appeal Court in connection with proceedings to which section 96A applies.”.

In section 96 (appeals etc.: undisclosed information)—

The title of that section becomes “Appeals etc. in the High Court: undisclosed information”.

After that section insert—

“Appeals etc. in the Sheriff Appeal Court: undisclosed information

96A

(1)

This section applies to any proceedings in the Sheriff Appeal Court in relation to—

(a)

an appeal under section 175(2) to (4) of the 1995 Act; or

(b)

an appeal by way of bill of suspension or advocation.

(2)

In subsection (1) the reference to proceedings in the Sheriff Appeal Court includes consideration by an Appeal Sheriff whether to grant leave to appeal under section 180 or 187 of the 1995 Act.

(3)

If, under subsection (2) of section 95, the lower court in passing sentence on the offender took into account information contained in a report mentioned in that subsection, the Sheriff Appeal Court and the Clerk of the Sheriff Appeal Court—

(a)

must not disclose the information or the existence of the report to any person other than the prosecutor, the offender and, with the offender’s agreement, the offender’s counsel or solicitor; and

(b)

must not disclose to any person whether the sentence passed by the lower court is less than it would have passed but for the assistance given by the offender.

(4)

If, in a case not falling within subsection (3), the Sheriff Appeal Court or the Clerk of the Sheriff Appeal Court becomes aware of information contained in a report mentioned in subsection (2) of section 95 or that a court in passing sentence has, under that subsection, taken that information into account, the Sheriff Appeal Court or the Clerk of the Sheriff Appeal Court must not disclose to any person the information, the existence of the report or whether the sentence passed by the lower court on the person to whom the report relates is less than the sentence it would have passed but for the assistance given by that person.

(5)

Sections 179(8), 180(10), 186(4)(b), 187(9) and 298(2B) of the 1995 Act do not apply in a case falling within subsection (3) or (4) to the extent that they require a disclosure which, if made by the Sheriff Appeal Court or the Clerk of the Sheriff Appeal Court, would contravene the subsection in question.

(6)

Subsection (5) does not, however, operate so as to prevent any disclosure to the prosecutor; but subsection (3) or, as the case may be, subsection (4) applies to the prosecutor in relation to any such disclosure as it applies to the Sheriff Appeal Court and the Clerk of the Sheriff Appeal Court in relation to a case falling within that subsection (but not so as to prevent disclosure by the prosecutor to the Sheriff Appeal Court).

(7)

Subsections (2) to (5) of section 93 apply to proceedings referred to in subsection (1) of this section as they apply to proceedings referred to in subsection (1) of that section.”.

The Control of Dogs (Scotland) Act 2010^f1 is amended as follows.

In section 5(8) (failure to comply with dog control notice), for “High Court” substitute “Sheriff Appeal Court”.

In section 11(4) (disqualification from owning or keeping dog: further provision), for “High Court” substitute “Sheriff Appeal Court”.

Section 153 of the Criminal Justice and Licensing (Scotland) Act 2010^f1 (appeals) is amended as follows.

In each of subsections (1) to (5), for “High Court” in each place where it occurs substitute “appropriate Appeal Court”.

In subsection (10), after the definition of “appellant” insert—

• ““appropriate Appeal Court” means—

  1. (a)

     in the case of an appeal under this section in proceedings on indictment, the High Court,

  2. (b)

     in the case of an appeal under this section in summary proceedings, the Sheriff Appeal Court,”.

Schedule 3 to the Terrorism Prevention and Investigation Measures Act 2011^f1 (appeals against convictions) is amended as follows.

In paragraph 2—

In paragraph 4(4), for “High Court of Justiciary” where it first occurs substitute “Sheriff Appeal Court”.

Schedule 4 to the Counter-Terrorism and Security Act 2015^f1 (temporary exclusion orders: appeals against convictions) is amended as follows.

In paragraph 2—

In paragraph 4(4), for “High Court of Justiciary” where it first occurs substitute “Sheriff Appeal Court”.

in Part 1 (prescribed courts for the purposes specified in regulation 3(1))—

in Part 2 (prescribed courts for the purposes specified in regulation 3(2)), after paragraph 1 insert—

“1A.

The Sheriff Appeal Court;”.