Part 10Proceedings before sheriff

Review of sheriff's determination

I1111Sheriff: review or dismissal of application

1

This section applies where an application is made under section 110.

2

If subsection (3) applies the sheriff must review the grounds determination.

3

This subsection applies if—

a

there is evidence in relation to the ground that was not considered by the sheriff when making the grounds determination,

b

the evidence would have been admissible,

c

there is a reasonable explanation for the failure to lead that evidence before the grounds determination was made, and

d

the evidence is significant and relevant to the question of whether the grounds determination should have been made.

4

If subsection (3) does not apply, the sheriff must dismiss the application.