Criminal Procedure (Scotland) Act 1995

Valid from 28/03/2011

[F1 113A Judge's observations in expedited appeal S

(1) On receiving a note of appeal given under section 110(1)(e), the judge who presided at the trial may give the Clerk of Justiciary any written observations that the judge thinks fit on—

(a) the case generally,

(b) the grounds contained in the note of appeal.

(2) The High Court may hear and determine the appeal without any such written observations.

(3) If written observations are given under subsection (1), the Clerk of Justiciary must give a copy of them to—

(a) the accused or the accused's solicitor, and

(b) the prosecutor.

(4) The written observations of the judge are available only to—

(a) the High Court,

(b) the parties, and

(c) any other person or classes of person prescribed by Act of Adjournal, in accordance with any conditions prescribed by Act of Adjournal.]

Textual Amendments

F1 S. 113A inserted (prosp.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 76(3), 206(1)