Modifications etc. (not altering text)
C1 Pt. 8 (ss. 103-132): power to modify or apply (with modifications) conferred (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , ss. 94(2) , 104 ; S.S.I. 2007/84 , art. 3(2)
(1)As soon as is reasonably practicable after receiving the copy note of appeal sent to him under [F1any of paragraphs (a) to (d) of] section 110(1) of this Act, the judge who presided at the trial shall furnish the Clerk of Justiciary with a written report giving the judge’s opinion on the case generally and on the grounds contained in the note of appeal.
(2)The Clerk of Justiciary shall send a copy of the judge’s report—
(a)to the convicted person or his solicitor;
(b)to the Crown Agent; and
(c)in a case referred under [F2Part XA of this Act, to the Commission].
(3)Where the judge’s report is not furnished as mentioned in subsection (1) above, the High Court may call for the report to be furnished within such period as it may specify or, if it thinks fit, hear and determine the appeal without the report.
(4)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.
Textual Amendments
F1Words in s. 113(1) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 76(2), 206(1); S.S.I. 2011/178, art. 2, sch.
F2 Words in s. 113(2)(c) substituted (1.4.1999) by 1997 c. 48 , s. 62(1) , Sch. 1 para. 21(16) ; S.I. 1999/652 , art. 2 , Sch. (subject to savings and transitional provisions in art. 3 )
Modifications etc. (not altering text)
C2 S. 113(2)-(4) applied (26.8.2002) by Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513) , rule 15 .15(3) (as inserted (26.8.2002) by Act of Adjournal (Criminal Appeals) 2002 (S.S.I. 2002/387) , para. 3(4) )