Criminal Procedure (Scotland) Act 1995

298 Trial judge’s report. S

(1) Without prejudice to [F1 section 113] of this Act, the High Court may, in relation to—

(a) an appeal under section 106(1), 108 [F2 or 108A] of this Act;

(b) an appeal by way of bill of suspension or advocation; or

(c) a petition to the nobile officium,

at any time before the appeal is finally determined or, as the case may be, petition finally disposed of, order the judge who presided at the trial, passed sentence or otherwise disposed of the case to provide to the Clerk of Justiciary a report in writing giving the judge’s opinion on the case generally or in relation to any particular matter specified in the order.

(2) The Clerk of Justiciary shall send a copy of a report provided under subsection (1) above to the convicted person or his solicitor, the Crown Agent and, in relation to cases referred under [F3 Part XA of this Act, the Commission].

[F4 (2A) Without prejudice to section 186(3)(b) of this Act, the Sheriff Appeal Court may, in relation to—

(a) an appeal under section 175(2) to (4) of this Act; or

(b) an appeal by way of bill of suspension or advocation,

at any time before the appeal is finally determined order the judge who presided at the trial, passed sentence or otherwise disposed of the case to provide to the Clerk of the Sheriff Appeal Court a report in writing giving the judge’s opinion in the case generally or in relation to any particular matter specified in the order.

(2B) The Clerk of the Sheriff Appeal Court must send a copy of the report provided under subsection (2A) above to the convicted person or their solicitor, the prosecutor and, in relation to cases referred under Part XA of this Act, the Commission.]

(3) Subject to [F5 subsections (2) and (2B)] above, the report of the judge shall be available only to the High Court [F6 or the Sheriff Appeal Court (as the case may be)], the parties and, on such conditions as may be prescribed by Act of Adjournal, such other persons or classes of persons as may be so prescribed.

Textual Amendments

F1 Words in s. 298(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(15)(a) (with art. 4)

F2 Words in s. 298(1)(a) 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(15)(b) (with art. 4)

F3 Words in s. 298(2) substituted (1.4.1999) by 1998 c. 48, s. 62(1), Sch. 1 para. 21(33)(b); S.I. 1999/652, art. 2, Sch.(subject to savings and transitional provisions in art. 3)

F4 S. 298(2A)(2B) inserted (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(15)(c) (with art. 4)

F5 Words in s. 298(3) 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(15)(d)(i) (with art. 4)

F6 Words in s. 298(3) inserted (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(15)(d)(ii) (with art. 4)

Modifications etc. (not altering text)

C1 S. 298(2B) excluded by 2006 asp 10, s 96A(5) (as inserted (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. 9(6) (with art. 4))