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Act of Sederunt (Sheriff Appeal Court Rules) 2021
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Changes over time for: CHAPTER 33
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- 19/05/2022
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CHAPTER 33SAPPEALS UNDER PART 4 OF THE AGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) ACT 2019
Application of this ChapterS
33.1. This Chapter applies to an appeal against the decision of a sheriff under section 38(3), [F146(3)] and 67(3) of the Age of Criminal Responsibility (Scotland) Act 2019(1).
Textual Amendments
F1Word in rule 33.1 substituted (19.5.2022) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Appeal Court Rules Amendment) (Miscellaneous) 2022 (S.S.I. 2022/135), paras. 1(2), 3(2)
Commencement Information
I1Para. 33.1 in force at 6.1.2022, see para. 1.1(2)
Form of appealS
33.2.—(1) An appeal is made by lodging a note of appeal in Form 33.2.
(2) Rule 6.2(2)(a) to (c) and (g) to (h) applies for the purpose of making an appeal under this rule.
Commencement Information
I2Para. 33.2 in force at 6.1.2022, see para. 1.1(2)
Hearing of appealS
33.3. On receipt of the appeal, the Clerk must fix forthwith a hearing to take place within 3 working days (within the meaning of section 76 of the Age of Criminal Responsibility (Scotland) Act 2019) and intimate the date, time and place of that hearing to—
(a)the constable who applied for the order to which the decision relates;
(b)the child or person acting on behalf of the child to whom the decision relates;
(c)any other person the court considers has an interest in proceedings.
Commencement Information
I3Para. 33.3 in force at 6.1.2022, see para. 1.1(2)
Determination of appealS
33.4.—(1) At the conclusion of the hearing, the Court may either give its decision orally or reserve judgment.
(2) Where the Court reserves judgment, it must give its decision in writing within 28 days.
(3) The President of the Sheriff Appeal Court may vary the period in paragraph (2).
Commencement Information
I4Para. 33.4 in force at 6.1.2022, see para. 1.1(2)
(1)
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