Criminal Procedure (Scotland) Act 1995

129 Non-compliance with certain provisions may be waived

(1) Non-compliance with—

(a) the provisions of this Act set out in subsection (3) below; or

(b) any rule of practice for the time being in force under this Part of this Act relating to appeals,

shall not prevent the further prosecution of an appeal if the High Court or a judge thereof considers it just and proper that the non-compliance is waived or, in the manner directed by the High Court or judge, remedied by amendment or otherwise.

(2) Where the High Court or a judge thereof directs that the non-compliance is to be remedied, and the remedy is carried out, the appeal shall proceed.

(3) The provisions of this Act referred to in subsection (1) above are:—

• section 94

• section 103(1), (4), (6) and (7)

• section 104(2) and (3)

• section 105

• section 106(4)

• section 111

• section 114

• section 115

• section 116

• section 117

• section 120(1), (3) and (4)

• section 121

• section 122

• section 126

• section 128.

(4) This section does not apply to any rule of practice relating to appeals under section 60 of this Act.