Criminal Justice (Scotland) Act 1995

93 Appeal against court decision under section 91(1) or 92(2)

(1) An appeal shall lie to the High Court of Justiciary at the instance of—

(a) the applicant against the refusal to make;

(b) the prosecutor against the making of,

an order under section 91(1) or 92(2) of this Act, and the High Court in determining such an appeal may make such order as could have been made by the court on an application under that section.

(2) The procedure in an appeal under this section shall be the same as the procedure in an appeal against sentence.

(3) Where a suspended forfeiture order relating to heritable property situated in Scotland is recalled on appeal to the High Court of Justiciary, the prosecutor shall, as soon as may be after the appeal has been disposed of, cause a certified copy of the interlocutor of the Court to be recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland.