Criminal Procedure (Scotland) Act 1975

453B Appeals against sentence only. S

(1) An appeal under section 442(1)(a)(ii) of this Act shall be by note of appeal, which shall state the ground of appeal.

(2) The note of appeal shall, within one week of the passing of the sentence, be lodged with the clerk of the court from which the appeal is to be taken.

(3) The clerk of court on receipt of the note of appeal shall—

(a) send a copy of the note to the respondent or his solicitor; and

(b) obtain a report from the judge who sentenced the convicted person.

(4) The clerk of court shall within two weeks of the passing of the sentence against which the appeal is taken—

(a) send to the Clerk of Justiciary the note of appeal, together with the report mentioned in subsection (3)(b) above, a certified copy of the complaint, the minute of proceedings and any other relevant documents; and

(b) send copies of that report to the appellant and respondent or their solicitors:

Provided that the sheriff principal of the sheriffdom in which the judgment was pronounced may, where a judge is temporarily absent from duty for any cause, extend the period of two weeks specified in this subsection for such period as the sheriff principal considers reasonable.

(5) Where the judge’s report is not furnished within the period mentioned in subsection (4) above, the High Court may extend such period or, if it thinks fit, hear and determine the appeal without such report.

(6) Subsections (3), (4) and (5) of section 444 of this Act shall apply where an appellant fails to comply with the requirement of subsection (2) above as they apply where an applicant fails to comply with any of the requirements of subsection (1) of that section.

(7) An appellant under section 442(1)(a)(ii) of this Act may at any time prior to the hearing of the appeal abandon his appeal by minute, signed by himself or his solicitor, lodged—

(a) in a case where the note of appeal has not yet been sent under subsection (4)(a) above to the Clerk of Justiciary, with the clerk of the court;

(b) in any other case, with the Clerk of Justiciary, and intimated to the respondent.

(8) Sections 446, 450 and 452(4)(a) to (e) of this Act shall apply to appeals under section 442(1)(a)(ii) of this Act as they apply to appeals under section 442(1)(a)(i) or (iii) of this Act.

Modifications etc. (not altering text)

C1 S. 453B(2) modified by S.I. 1988/110, rule 130(1)(2)

C2 S. 453B(3) extended by S.I. 1988/110, rule 129(6)

C3 S. 453B(3) modified by S.I. 1988/110, rule 130(1)(2)

C4 S. 453B(4) extended by S.I. 1988/110, rule 129(6)

C5 S. 453B(4) modified by S.I. 1988/110, rule 130(1)(2)

C6 S. 453B(5) extended by S.I. 1988/110, rule 129(6)

C7 S. 453B(6) extended by S.I. 1988/110, rule 129(6)

C8 S. 453B(6) modified by S.I. 1988/110, rule 130(1)(2)

C9 Ss. 453B(7)(8), 453C–453E extended by S.I. 1988/110, rule 129(6)