Version Superseded: 28/02/2011
Point in time view as at 10/12/2007. This version of this provision has been superseded.
Criminal Procedure (Scotland) Act 1995, Section 116 is up to date with all changes known to be in force on or before 09 March 2025. 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.
(1)An appellant may abandon his appeal by lodging with the Clerk of Justiciary a notice of abandonment in as nearly as may be the form prescribed by Act of Adjournal; and on such notice being lodged the appeal shall be deemed to have been dismissed by the court.
[F1(2)A person who has appealed under section [F2106(1)(dc)] or (f) of this Act may abandon the appeal in so far as it is against conviction, reference or sentence, decision, disposal or order and may proceed with it against—
(a)both reference and sentence, decision, disposal or order; or
(b)reference alone; or, as the case may be
(c)sentence, decision, disposal or order alone.]
Textual Amendments
F1S. 116(2) substituted (10.1.2005) by Protection of Children (Scotland) Act 2003 (asp 5), ss. 16(4)(a), 22(2); S.S.I. 2004/522, art. 2
F2Words in s. 116(2) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 16(4); S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S. I. 2007/527)
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