Criminal Procedure (Scotland) Act 1995

[F1 156D Appeals in respect of orders under section 156A(1) S

(1) Any of the parties specified in subsection (2) below may appeal to the [F2 Sheriff Appeal Court] against—

(a) any order made under subsection (1)(a) or (c) of section 156A of this Act;

(b) where an order is made under subsection (1)(b) of that section—

(i) the order;

(ii) any of the conditions imposed under subsection (6) of that section on the making of the order; or

(iii) both the order and any such conditions.

(2) The parties referred to in subsection (1) above are—

(a) the witness in respect of whom the order which is the subject of the appeal was made;

(b) the prosecutor; and

(c) the accused.

(3) A party making an appeal under subsection (1) above shall intimate it to the other parties specified in subsection (2) above; and, for that purpose, intimation to the Crown Agent shall be sufficient intimation to the prosecutor.

(4) An appeal under this section shall be disposed of by [F3 Sheriff Appeal Court or any Appeal Sheriff] in court or in chambers after such enquiry and hearing of the parties as shall seem just.

(5) Where the witness in respect of whom the order which is the subject of an appeal under this section was made is under 21 years of age, section 51 of this Act shall apply to the [F4 Sheriff Appeal Court or, as the case may be, Appeal Sheriff] when disposing of the appeal as it applies to a court when remanding or committing a person of the witness's age for trial and sentence.]

Textual Amendments

F1 Ss. 156-156D substituted (10.3.2008) for s. 156 by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 16, 84; S.S.I. 2008/42, art. 3, Sch.

F2 Words in s. 156D(1) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(5)(a) (with art. 4)

F3 Words in s. 156D(4) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(5)(b) (with art. 4)

F4 Words in s. 156D(5) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(5)(c) (with art. 4)