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Criminal Justice (Scotland) Act 2016

Criminal Justice (Scotland) Act 2016

2016 asp 1

Overview of the Act

Part 5 – Appeals and Sccrc

Appeals

Section 87 – Preliminary pleas in summary cases

233.Section 174 of the 1995 Act allows for decisions disposing of certain objections and denials in summary proceedings, including objections to the competency and relevancy of the complaint, to be appealed to the High Court where the first instance court gives permission for the appeal. Section 87 of the Act amends section 174 of the 1995 Act by removing the requirement to obtain permission for an appeal by the prosecutor against a decision that has resulted in the dismissal of the complaint, or any part of it.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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