Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

Part II Criminal Proceedings

Procedure

42 Appeal by Lord Advocate against sentence in solemn proceedings etc

(1) After section 228 of the 1975 Act (which provides for appeal by a person convicted on indictment) there shall be inserted the following section—

“228A Appeal by Lord Advocate against sentence in solemn proceedings

Where a person has been convicted on indictment, the Lord Advocate may appeal against the sentence passed on conviction—

(a) if it appears to the Lord Advocate that the sentence is unduly lenient; or

(b) on a point of law.”.

(2) In section 442 of that Act (which provides for appeal in summary proceedings)—

(a) in subsection (1), after paragraph (b) there shall be inserted the following paragraph—

“(c) the prosecutor in such proceedings may, in any class of case specified by order by the Secretary of State under this paragraph, so appeal against the sentence passed on such conviction if it appears to the prosecutor that the sentence is unduly lenient.”; and

(b) after subsection (2) there shall be added the following subsection—

“(3) The power of the Secretary of State to make an order under paragraph (c) of subsection (1) above shall be exercisable by statutory instrument; and any order so made shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.