PART 5APPEALS AND SCCRC
Appeals
88Preliminary diets in solemn cases
In section 74 (appeals in connection with preliminary diets) of the 1995 Act—
(a)
in subsection (1), for the words from “to—” to “motu)” there is substituted “
to any right of appeal under section 106 or 108 a party may,
”
,
(b)
after subsection (2) there is inserted—
“(2A)
An appeal under subsection (1) may be taken—
(a)
in the case of a decision to dismiss the indictment or any part of it, by the prosecutor without the leave of the court,
(b)
in any other case, only with the leave of the court of first instance (granted on the motion of a party or ex proprio motu).”.