Criminal Procedure (Scotland) Act 1995

[F1193A Suspension of certain sentences pending determination of appeal.S

(1)Where a convicted person or the prosecutor appeals to the High Court under section 175 of this Act [F2(other than by way of an appeal under section 175(2)(cb) of this Act against a reference only)] , the court may on the application of the appellant direct that the whole, or any remaining part, of a relevant sentence shall be suspended until the appeal, if it is proceeded with, is determined.

(2)Where the court has directed the suspension of the whole or any remaining part of a person’s relevant sentence, the person shall, unless the High Court otherwise directs, appear personally in court on the day or days fixed for the hearing of the appeal.

(3)Where a person fails to appear personally in court as mentioned in subsection (2) above, the court may—

(a)if he is the appellant—

(i)decline to consider the appeal; and

(ii)dismiss it summarily; or

(b)whether or not he is the appellant—

(i)consider and determine the appeal; or

(ii)make such other order as the court thinks fit.

(4)In this section “relevant sentence” means any one or more of the following—

(a)a probation order;

(b)a supervised attendance order made under section 236(6) of this Act;

(c)a community service order;

(d)a restriction of liberty order.

[F3(e)a community reparation order.]]

Textual Amendments

F1S. 193A inserted (1.8.1997 except s. 193A(4)(d) which is in force on 1.7.1998) by 1997 c. 48, s. 24(2); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5); S.I. 1997/2323, art. 5(1)