Criminal Justice (Scotland) Act 1980

1 For section 228 (right of appeal), there shall be substituted the following section—

“228 Rights of appeal.

(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 ; or

(c) against both such conviction and such sentence:

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.".”.