Version Superseded: 30/10/2010
Point in time view as at 01/05/2005. This version of this provision has been superseded.
Criminal Procedure (Scotland) Act 1995, Section 194B is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The Commission on the consideration of any conviction of a person or of the sentence (other than sentence of death) passed on a person who has been convicted on indictment [F2or complaint] may, if they think fit, at any time, and whether or not an appeal against such conviction or sentence has previously been heard and determined by the High Court, refer the whole case to the High Court and the case shall be heard and determined, subject to any directions the High Court may make, as if it were an appeal under Part VIII [F3or, as the case may be, Part X] of this Act.
(2)The power of the Commission under this section to refer to the High Court the case of a person convicted shall be exercisable whether or not that person has petitioned for the exercise of Her Majesty’s prerogative of mercy.
(3)This section shall apply in relation to a finding under section 55(2) and an order under section 57(2) of this Act as it applies, respectively, in relation to a conviction and a sentence.
(4)For the purposes of this section “person” includes a person who is deceased.
Textual Amendments
F1S. 194B inserted (1.4.1999) by 1997 c. 48, s. 25(1); S.I. 1999/652, art. 2, Sch. (subject to art. 3)
F2Words in s. 194B(1) inserted (1.4.1999) by S.I. 1999/1181, art. 3(a)
F3Words in s. 194B(1) inserted (1.4.1999) by S.I. 1999/1181, art. 3(b)
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