Criminal Procedure (Scotland) Act 1995

115 Presentation of appeal in writing. S

(1) [F1 Subject to rules made under section 305 of this Act,] if an appellant, F2 . . . desires to present his case and his argument in writing instead of orally he shall, at least four days before the diet fixed for the hearing of the appeal—

(a) intimate this desire to the Clerk of Justiciary;

(b) lodge with the Clerk of Justiciary three copies of his case and argument; and

(c) send a copy of the intimation, case and argument to the Crown Agent.

(2) Any case or argument presented as mentioned in subsection (1) above shall be considered by the High Court.

(3) Unless the High Court otherwise directs, the respondent shall not make a written reply to a case and argument presented as mentioned in subsection (1) above, but shall reply orally at the diet fixed for the hearing of the appeal.

(4) Unless the High Court otherwise allows, an appellant who has presented his case and argument in writing shall not be entitled to submit in addition an oral argument to the court in support of the appeal.

Textual Amendments

F1 Words in s. 115(1) inserted (1.9.2003) by Act of Adjournal (Criminal Appeals) 2003 (S.S.I. 2003/387) , para. 2(3)(a)

F2 Words in s. 115(1) omitted (1.9.2003) by virtue of Act of Adjournal (Criminal Appeals) 2003 (S.S.I. 2003/387) , para. 2(3)(b)