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Criminal Procedure (Scotland) Act 1995

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Changes over time for: Section 108

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Version Superseded: 24/03/2003

Status:

Point in time view as at 30/09/1998. This version of this provision has been superseded. Help about Status

Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Section 108 is up to date with all changes known to be in force on or before 06 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. Help about Changes to Legislation

[F1108 Lord Advocate’s right of appeal against disposal.S

(1)Where a person has been convicted on indictment, the Lord Advocate may, in accordance with subsection (2) below, appeal against any of the following disposals, namely—

(a)a sentence passed on conviction;

(b)a decision under section 209(1)(b) of this Act not to make a supervised release order;

(c)a decision under section 234A(2) of this Act not to make a non-harassment order;

(d)a probation order;

[F2(dd)a drug treatment and testing order;]

(e)a community service order;

(f)a decision to remit to the Principal Reporter made under section 49(1)(a) of this Act;

(g)an order deferring sentence;

(h)an admonition; or

(i)an absolute discharge.

(2)An appeal under subsection (1) above may be made—

(a)on a point of law;

(b)where it appears to the Lord Advocate, in relation to an appeal under—

(i)paragraph (a), (h) or (i) of that subsection, that the disposal was unduly lenient;

(ii)paragraph (b) or (c) of that subsection, that the decision not to make the order in question was inappropriate;

(iii)paragraph (d) [F3to] (e) of that subsection, that the making of the order concerned was unduly lenient or was on unduly lenient terms;

(iv)under paragraph (f) of that subsection, that the decision to remit was inappropriate;

(v)under paragraph (g) of that subsection, that the deferment of sentence was inappropriate or was on unduly lenient conditions.]

Textual Amendments

F1 S. 108 substituted (1.8.1997) by 1997 c. 48, s. 21(1); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F2 S. 108(1)(dd) inserted (30.9.1998) by 1998 c. 37, s. 94(2), Sch. 6 Pt. II para. 6(2); S.I. 1998/2327, art. 2(1)(s)

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