PART I The Course of Justice
Appeals
44 Trial judge’s report.
1
Without prejudice to sections 236A and 453B(3)(b) of the 1975 Act, the High Court may, in relation to any appeal—
a
under section 228(1), 228A or 442(1) of the 1975 Act;
b
by way of bill of suspension or advocation; or
c
by way of petition to the nobile officium,
at any time before the appeal is finally determined, order the judge who presided at the trial, passed sentence or otherwise disposed of the case to provide to the Clerk of Justiciary a report in writing giving the judge’s opinion on the case generally or in relation to any particular matter specified in the order.
2
The Clerk of Justiciary shall send a copy of a report provided under subsection (1) above to the convicted person or his solicitor, the Crown Agent and, in relation to cases referred under section 263(1) of the 1975 Act, the Secretary of State.
3
Subject to subsection (2) above, the report of the judge shall be available only to the High Court, the parties and, on such conditions as may be prescribed by Act of Adjournal, such other persons or classes of persons as may be so prescribed.
4
Expressions used in this section and in the 1975 Act have the same meaning in this section as in that Act.