[F1193A Suspension of certain sentences pending determination of appeal.S
(1)Where a convicted person or the prosecutor appeals to the High Court under section 175 of this Act [F2F3...] , the court may on the application of the appellant direct that the whole, or any remaining part, of a relevant sentence shall be suspended until the appeal, if it is proceeded with, is determined.
(2)Where the court has directed the suspension of the whole or any remaining part of a person’s relevant sentence, the person shall, unless the High Court otherwise directs, appear personally in court on the day or days fixed for the hearing of the appeal.
(3)Where a person fails to appear personally in court as mentioned in subsection (2) above, the court may—
(a)if he is the appellant—
(i)decline to consider the appeal; and
(ii)dismiss it summarily; or
(b)whether or not he is the appellant—
(i)consider and determine the appeal; or
(ii)make such other order as the court thinks fit.
(4) In this section “ relevant sentence ” means any one or more of the following—
[F4(aa)a community payback order;]
(d)a restriction of liberty order.
(e)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1S. 193A inserted (1.8.1997 except s. 193A(4)(d) which is in force on 1.7.1998) by 1997 c. 48, s. 24(2); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5); S.I. 1997/2323, art. 5(1)
F2Words in s. 193A(1) inserted (10.1.2005) by Protection of Children (Scotland) Act 2003 (asp 5), ss. 16(11), 22(2); S.S.I. 2004/522, art. 2 (as amended by S.S.I. 2004/556, art. 2)
F3Words in s. 193A(1) repealed (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 26 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 5(1))
F4S. 193A(4)(aa) substituted (1.2.2011) for s. 193A(4)(a)-(c) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 16(a); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
F5S. 193A(4)(e) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 16(b); S.S.I. 2010/413, art. 2, Sch. (with art. 3)