C1Part II Summary Procedure
Conviction and Sentence
Review
442F1 Right of appeal.
1
Without prejudice to any right of appeal under section 453A of this Act—
a
any person convicted F2, or found to have committed an offence,in summary proceedings may appeal under this section to the High Court—
i
against such conviction F3or finding;
ii
against the sentence passed on such conviction;
F4iia
against his absolute discharge or admonition or any probation order or any community service order under the M1Community Service by Offenders (Scotland) Act 1978 or any order deferring sentence;
or;
iii
against both such conviction and such sentence F5or disposal or order;
b
the prosecutor in such proceedings may so appeal on a point of law—
i
against an acquittal in such proceedings; or
ii
against a sentence passed F6on such conviction.
F7c
the prosecutor in such proceedings may, in any class of case specified by order by the Secretary of State under this paragraph, so appeal against the sentence passed on such conviction F8or, whether the person has been convicted or not, against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or against the person’s absolute discharge or admonition or against any order deferring sentenceif it appears to the prosecutor that F9, as the case may be—.
i
the sentence is unduly lenient;
ii
the making of the probation order or community service order is unduly lenient or its terms are unduly lenient;
iii
to dismiss with an admonition or to discharge absolutely is unduly lenient; or
iv
the deferment of sentence is inappropriate or on unduly lenient conditions;
2
By an appeal under subsection (1)(a) of this section or, as the case may be, against acquittal under subsection (1)(b) of this section, an appellant may bring under review of the High Court any alleged miscarriage of justice in the proceedings, including, in the case of an appeal under the said subsection (1)(a), 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.
F103
The power of the Secretary of State to make an order under paragraph (c) of subsection (1) above shall be exercisable by statutory instrument; and any order so made shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Pt. II (ss. 282–457) extended with modifications by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 60(5)