- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (15/03/2021)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 15/03/2021.
Criminal Procedure (Scotland) Act 1995, Section 108 is up to date with all changes known to be in force on or before 16 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where a person has been convicted on indictment, the Lord Advocate may, in accordance with subsection (2) below, appeal against any of the following disposals, namely—
(a)a sentence passed on conviction;
(b)a decision under section 209(1)(b) of this Act not to make a supervised release order;
(c)a decision under section 234A(2) of this Act not to make a non-harassment order;
[F2(ca)a decision under section 92 of the Proceeds of Crime Act 2002 not to make a confiscation order;.]
[F3(cb)a decision under section 22A of the Serious Crime Act 2007 not to make a serious crime prevention order;]
[F4(cb)a decision under section 36(2) of the Regulatory Reform (Scotland) Act 2014 not to make a publicity order;
(cc)a decision under section 41(2) of that Act not to make a remediation order;]
[F5(cd)a decision under section 97B(2) of the Proceeds of Crime Act 2002 to make or not to make a compliance order;]
[F6(ce)a decision under section 30(2) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 not to make a remedial order,
(cf)a decision under section 30(2) of that Act not to make a publicity order,]
F7(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(dd)a drug treatment and testing order;]
F7(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)a decision to remit to the Principal Reporter made under section 49(1)(a) of this Act;
(g)an order deferring sentence;
(h)an admonition; or
(i)an absolute discharge.
(2)An appeal under subsection (1) above may be made—
(a)on a point of law;
(b)where it appears to the Lord Advocate, in relation to an appeal under—
(i)paragraph (a), (h) or (i) of that subsection, that the disposal was unduly lenient;
(ii)paragraph (b) [F9, (c) [F10, (ca), (cb) [F11, (cc) [F12, (cd), (ce) or (cf)]]]] of that subsection, that the decision not to make the order in question was inappropriate;
(iii)paragraph [F13(cd) or] [F14(dd)] of that subsection, that the making of the order concerned was unduly lenient or was on unduly lenient terms;
(iv)under paragraph (f) of that subsection, that the decision to remit was inappropriate;
(v)under paragraph (g) of that subsection, that the deferment of sentence was inappropriate or was on unduly lenient conditions.
[F15(2A)In deciding whether to appeal under subsection (1) in any case, the Lord Advocate must have regard to any sentencing guidelines which are applicable in relation to the case.]
[F16(3)For the purposes of subsection (2)(b)(i) above in its application to a confiscation order by virtue of section 92(11) of the Proceeds of Crime Act 2002, the reference to the disposal being unduly lenient is a reference to the amount required to be paid by the order being unduly low.]]
Textual Amendments
F1 S. 108 substituted (1.8.1997) by 1997 c. 48, s. 21(1); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)
F2 S. 108(1)(ca) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 115(2), 458; S.S.I. 2003/210, art. 2 (subject to arts. 3-7)
F3S. 108(1)(cb) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 14; S.I. 2016/148, reg. 3(g)
F4S. 108(1)(cb)(cc) inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 44(2)(a), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.
F5S. 108(1)(cd) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 17(2)(a), 88(2)(a); S.S.I. 2016/11, reg. 2(b)
F6S. 108(1)(ce)(cf) inserted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 31(2)(a), 36(2); S.S.I. 2017/294, reg. 2, sch.
F7 S. 108(1)(d)(e) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 8(a); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
F8 S. 108(1)(dd) inserted (30.9.1998) by 1998 c. 37, s. 94(2), Sch. 6 Pt. II para. 6(2); S.I. 1998/2327, art. 2(1)(s)
F9 Words in s. 108(2)(b)(ii) substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 115(3), 458; S.S.I. 2003/210, art. 2 (subject to arts. 3-7)
F10Words in s. 108(2)(b)(ii) substituted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 44(2)(b), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.
F11Words in s. 108(2)(b)(ii) substituted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 17(2)(b)(i), 88(2)(a); S.S.I. 2016/11, reg. 2(b)
F12Words in s. 108(2)(b)(ii) substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 31(2)(b), 36(2); S.S.I. 2017/294, reg. 2, sch.
F13Words in s. 108(2)(b)(iii) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 17(2)(b)(ii), 88(2)(a); S.S.I. 2016/11, reg. 2(b)
F14 Words in s. 108(2)(b)(iii) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 8(b); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
F15S. 108(2A) inserted (19.10.2015) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 6(7), 206(1); S.S.I. 2015/336, art. 2(a)
F16 S. 108(3) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 115(4), 458; S.S.I. 2003/210, art. 2 (subject to arts. 3-7)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.