Criminal Procedure (Scotland) Act 1995

182 Stated case: hearing of appeal.S

(1)A stated case under this Part of this Act shall be heard by the [F1Sheriff Appeal Court] on such date as it may fix.

(2)For the avoidance of doubt, where an appellant, in his application under section 176(1) of this Act (or in a duly made amendment or addition to that application), refers to an alleged miscarriage of justice, but in stating a case under section 179(7) of this Act the inferior court is unable to take the allegation into account, the [F2Sheriff Appeal Court] may nevertheless have regard to the allegation at a hearing under subsection (1) above.

(3)Except by leave of the [F3Sheriff Appeal Court] on cause shown, it shall not be competent for an appellant to found any aspect of his appeal on a matter not contained in his application under section 176(1) of this Act (or in a duly made amendment or addition to that application).

(4)Subsection (3) above shall not apply as respects any ground of appeal specified as an arguable ground of appeal by virtue of subsection (7) of section 180 of this Act.

(5)Without prejudice to any existing power of the [F4Sheriff Appeal Court], that court may in hearing a stated case—

(a)order the production of any document or other thing connected with the proceedings;

(b)hear any F5. . .evidence relevant to any alleged miscarriage of justice or order such evidence to be heard by [F6an Appeal Sheriff] at the [F4Sheriff Appeal Court] or by such other person as it may appoint for that purpose;

(c)take account of any circumstances relevant to the case which were not before the trial judge;

(d)remit to any fit person to enquire and report in regard to any matter or circumstance affecting the appeal;

(e)appoint a person with expert knowledge to act as assessor to the [F4Sheriff Appeal Court] in any case where it appears to the court that such expert knowledge is required for the proper determination of the case;

(f)take account of any matter proposed in any adjustment rejected by the trial judge and of the reasons for such rejection;

(g)take account of any evidence contained in a note of evidence such as is mentioned in section 179(7) of this Act.

(6)The [F7Sheriff Appeal Court] may at the hearing remit the stated case back to the inferior court to be amended and returned.

Textual Amendments

F5Word in s. 182(5)(b) repealed (1.8.1997) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 21(21), Sch. 3; S.I. 1997/1712, art. 3, Sch. (subject to arts. 4 and 5)

Modifications etc. (not altering text)

C2S. 182(5)(a)-(e) applied (1.4.1996) by 1984 c. 12, s. 81(8) (as substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 48(3))

S. 182(5)(a)-(e) applied (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 5(8)

S. 182(5)(a)-(e) applied (3.7.2001) by S.I. 2001/1701, reg. 17, Sch. 13 para. 14(8)

S. 182(5)(a)-(e) applied (20.11.2002) by Copyright, Designs and Patents Act 1988 (c. 48), ss. 114B(10), 204B(10), 297D(10) (as inserted by Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 (c. 25), ss. 3, 4, 5; S.I. 2002/2749, art. 2)

S. 182(5)(a)-(e) applied (7.3.2005) by The Electromagnetic Compatibility Regulations 2005 (S.I. 2005/281), reg. 98(8)

C3S. 182(5)(a)-(e) applied (8.4.2000) by S.I. 2000/730, reg. 18, Sch. 9 para. 4(8) (which amendment was superseded by S.I. 2003/3144, reg. 2(10))

S. 182(5)(a)-(e) applied (29.12.2003) by S.I. 2000/730, Sch. 9 para. 22(8) (as substituted (29.12.2003) by S.I. 2003/3144, reg. 2(10))

S. 182(5)(a)-(e) applied (20.7.2007) by The Electromagnetic Compatibility Regulations 2006 (S.I. 2006/3418), reg. 59(8) (with savings in regs. 7-14, 63, 64)

C5S. 182(5)(a)-(e) applied by 1949 c. 88, s. 35ZD(10) (as inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 13, 24(1); S.I. 2014/2330, art. 3, Sch.)