Section 8 Section 7: Scotland and Northern Ireland.

(1)

In the application of section 7 to Scotland—

(a)

for every reference to the Court of Appeal or the Crown Court substitute a reference to the High Court of Justiciary,

(b)

in subsection (2)(b), at the end insert “ and quash the conviction ”,

(c)

in subsection (4)—

(i)

in paragraph (a), for “28 days” substitute “ two weeks ”, and

(ii)

in paragraph (b), for “section 1 of the Criminal Appeal Act 1968” substitute “ section 106 of the Criminal Procedure (Scotland) Act 1995 ”,

(d)

in subsection (5)—

(i)

for “by a magistrates’ court” substitute “ in summary proceedings ”, and

(ii)

in paragraph (b), at the end insert “ and quash the conviction ”,

(e)

in subsection (6), paragraph (c) is omitted, and

(f)

in subsection (7)—

(i)

in paragraph (a) for “21 days” substitute “ two weeks ”, and

(ii)

for paragraph (b) substitute—

(b)
shall be by note of appeal, which shall state the ground of appeal,
(c)
shall not require leave under any provision of Part X of the Criminal Procedure (Scotland) Act 1995, and
(d)
shall be in accordance with such procedure as the High Court of Justiciary may, by Act of Adjournal, determine.

(2)

In the application of section 7 to Northern Ireland—

(a)

the reference in subsection (4) to section 1 of the M1Criminal Appeal Act 1968 shall be taken as a reference to section 1 of the M2Criminal Appeal (Northern Ireland) Act 1980,

(b)

references in subsection (5) to the Crown Court shall be taken as references to the county court,

(c)

the reference in subsection (6) to section 111 of the M3Magistrates’ Courts Act 1980 shall be taken as a reference to Article 146 of the M4Magistrates’ Courts (Northern Ireland) Order 1981, and

(d)

the reference in subsection (7) to section 108(1)(b) of the M5Magistrates’ Courts Act 1980 shall be taken as a reference to Article 140(1)(b) of the M6Magistrates’ Courts (Northern Ireland) Order 1981.

Annotations

Marginal citations

M1: 1968 c. 19.
M2: 1980 c. 47.
M3: 1980 c. 43.
M4: S.I. 1981/1675 (N.I. 26).
M5: 1980 c. 43.
M6: S.I. 1981/1675 (N.I. 26).