PART 2THE SHERIFF APPEAL COURT

CHAPTER 1ESTABLISHMENT AND ROLE

48Status of decisions of the Sheriff Appeal Court in precedent

(1)

A decision of the Sheriff Appeal Court on the interpretation or application of the law is binding—

(a)

in proceedings before a sheriff anywhere in Scotland,

(b)

in proceedings before a justice of the peace court anywhere in Scotland,

(c)

in proceedings before the Sheriff Appeal Court, except in a case where the Court hearing the proceedings is constituted by a greater number of Appeal Sheriffs than those constituting the Court which made the decision.

(2)

In subsection (1)(a), the reference to proceedings before a sheriff includes, in the case of criminal proceedings, a reference to solemn proceedings before a sheriff and jury.