Criminal Procedure (Scotland) Act 1995

104 Power of High Court in appeals. S

(1) Without prejudice to any existing power of the High Court, it may for the purposes of an appeal under section 106(1)[F1 , 107A, 107B] or 108 of this Act—

(a) order the production of any document or other thing connected with the proceedings;

(b) hear any F2 . . .evidence relevant to any alleged miscarriage of justice or order such evidence to be heard by a judge of the High Court or by such other person as it may appoint for that purpose;

(c) take account of any circumstances relevant to the case which were not before the trial judge;

(d) remit to any fit person to enquire and report in regard to any matter or circumstance affecting the appeal;

(e) appoint a person with expert knowledge to act as assessor to the High Court in any case where it appears to the court that such expert knowledge is required for the proper determination of the case.

(2) The evidence of any witnesses ordered to be examined before the High Court or before any judge of the High Court or other person appointed by the High Court shall be taken in accordance with the existing law and practice as to the taking of evidence in criminal trials in Scotland.

(3) The appellant or applicant and the respondent or counsel on their behalf shall be entitled to be present at and take part in any examination of any witness to which this section relates.

Textual Amendments

F1 Words in s. 104(1) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 75, 206(1); S.S.I. 2011/178, art. 2, sch.

F2 Word in s. 104(1)(b) repealed (1.8.1997) by 1997 c. 48 , s. 62(1)(2) , Sch. 1 para. 21(14) , Sch. 3 ; S.I. 1997/1712 , art. 3 , Sch. (subject to arts. 4 , 5 )