Version Superseded: 01/08/1997
Point in time view as at 01/04/1996. This version of this provision has been superseded.
Criminal Procedure (Scotland) Act 1995, Section 108 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Where a person has been convicted on indictment, the Lord Advocate may appeal against the sentence passed on conviction or against any probation order or any community service order or against the person’s absolute discharge or admonition or against any order deferring sentence—
(a)if it appears to the Lord Advocate that, 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; or
(b)on a point of law.
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