Criminal Procedure (Scotland) Act 1995

174 Appeals relating to preliminary pleas. S

(1) Without prejudice to any right of appeal under section 175(1) to (6) or 191 of this Act, a party may, F1 ... in accordance with such procedure as may be prescribed by Act of Adjournal, appeal to the [F2 Sheriff Appeal Court] against a decision of the court of first instance (other than a decision not to grant leave under [F3 subsection (1A)(b)]) which relates to such objection or denial as is mentioned in section 144(4) of this Act; but such appeal must be taken not later than [F4 seven] days after such decision.

[F5 (1A) An appeal under subsection (1) may be taken—

(a) in the case of a decision to dismiss the complaint or any part of it, by the prosecutor without the leave of the court,

(b) in any other case, only with the leave of the court of first instance (granted on the motion of a party or ex proprio motu).]

(2) Where an appeal is taken under subsection (1) above, the [F6 Sheriff Appeal Court] may postpone the trial diet (if one has been fixed) for such period as appears to it to be appropriate and may, if it thinks fit, direct that such period (or some part of it) shall not count towards any time limit applying in respect of the case.

[F7 (2A) Subsection (3) applies where—

(a) the court grants leave to appeal under subsection (1), or

(b) the prosecutor—

(i) indicates an intention to appeal under subsection (1), and

(ii) by virtue of subsection (1A)(a), does not require the leave of the court.]

(3) [F8 Where this subsection applies, the court of first instance] shall not proceed to trial at once under subsection (2) of section 146 of this Act; and subsection (3) of that section shall be construed as requiring sufficient time to be allowed for the appeal to be taken.

(4) In disposing of an appeal under subsection (1) above the [F9 Sheriff Appeal Court] may affirm the decision of the court of first instance or may remit the case to it with such directions in the matter as it thinks fit; and where the court of first instance had dismissed the complaint, or any part of it, may reverse that decision and direct that the court of first instance fix a trial diet (if it has not already fixed one as regards so much of the complaint as it has not dismissed.)

Textual Amendments

F1 Words in s. 174(1) repealed (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 87(2)(a), 117(2); S.S.I. 2016/426, art. 2, sch.

F2 Words in s. 174(1) substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 3 para. 3; S.S.I. 2015/247, art. 2, sch. (with art. 6)

F3 Words in s. 174(1) substituted (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 87(2)(b), 117(2); S.S.I. 2016/426, art. 2, sch.

F4 Word in s. 174(1) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 72(3), 206(1); S.S.I. 2011/178, art. 2, sch.

F5 S. 174(1A) inserted (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 87(3), 117(2); S.S.I. 2016/426, art. 2, sch.

F6 Words in s. 174(2) substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 3 para. 3; S.S.I. 2015/247, art. 2, sch. (with art. 6)

F7 S. 174(2A) inserted (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 87(4), 117(2); S.S.I. 2016/426, art. 2, sch.

F8 Words in s. 174(3) substituted (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 87(5), 117(2); S.S.I. 2016/426, art. 2, sch.

F9 Words in s. 174(4) substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 3 para. 3; S.S.I. 2015/247, art. 2, sch. (with art. 6)