Criminal Procedure (Scotland) Act 1995

111 Provisions supplementary to sections 109 and 110. S

(1) Where the last day of any period mentioned in sections 109(1) and 110(1) of this Act falls on a day on which the office of the Clerk of Justiciary is closed, such period shall extend to and include the next day on which such office is open.

(2) Any period mentioned in section 109(1) or 110(1)(a) of this Act may be extended at any time by the High Court in respect of any convicted person; and an application for such extension may be made under this subsection and shall be in as nearly as may be the form prescribed by Act of Adjournal.

[F1 (2A) An application under subsection (2) seeking extension of the period mentioned in section 109(1) of this Act must—

(a) state—

(i) the reasons why the applicant failed to comply with the time limit in section 109(1), and

(ii) the proposed grounds of appeal, and

(b) be intimated in writing by the applicant to the Crown Agent.

(2B) If the prosecutor so requests within 7 days of receipt of intimation of the application under subsection (2A)(b), the prosecutor must be given an opportunity to make representations before the application is determined.

(2C) Any representations may be made in writing or, if the prosecutor so requests, orally at a hearing; and if a hearing is fixed, the applicant must also be given an opportunity to be heard.]

F2 [F3 ( 3 )] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 111(2A)-(2C) inserted (30.10.2010) by Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (asp 15), ss. 5(2), 9 (with s. 5(4))

F2 S. 111(3) repealed (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 16 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 5(1))

F3 S. 111(3) inserted (4.10.2004) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5) , ss. 24(3) , 27(1) ; S.S.I. 2004/405 , art. 2 , Sch. 1 (with savings in arts. 3-5 )