(1)Any person convicted on indictment may appeal in accordance with the provisions of this Part of this Act, to the High Court—
(a)against such conviction;
(b)against the sentence passed on such conviction
[F2(bb)against his absolute discharge or admonition;
(bc)against any probation order or any community service order under the M1Community Service by Offenders (Scotland) Act 1978;
(bd)against any order deferring sentence;]
;or
(c)against both such conviction and such sentence [F3or disposal or order]:
Provided that there shall be no appeal against any sentence fixed by law.
(2)By an appeal under subsection (1) of this section, a person may bring under review of the High Court any alleged miscarriage of justice in the proceedings in which he was convicted, including any alleged miscarriage of justice on the basis of the existence and significance of additional evidence which was not heard at the trial and which was not available and could not reasonably have been made available at the trial.]
Textual Amendments
F1S. 228 substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 2 para. 1, Sch. 6 para. 6
F2S. 228(1)(bb)-(bd) inserted (27.7.1993) by 1993 c. 36, s. 68(1)(a)
F3Words in s. 228(1)(c) added (27.7.1993) by 1993 c. 36, s. 68(1)(b)
Modifications etc. (not altering text)
C1S. 228 modified by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 2(2), 47(4)(a)
Marginal Citations