PART VIS Mental Disorder

Appeals under Part VIS

63 Appeal by prosecutor [F1where accused found not criminally responsible or unfit for trial].S

(1)The prosecutor may appeal to the [F2appropriate Appeal Court] on a point of law against—

(a)a finding under subsection (1) of section 54 of this Act that an accused is [F3unfit for trial] so that his trial cannot proceed or continue;

[F4(b)an acquittal by reason of the special defence set out in section 51A of this Act;]

(c)an acquittal under section 55(3) of this Act (whether or not [F5by reason of the special defence set out in section 51A of this Act]); or

F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)An appeal under subsection (1) above shall be—

(a)in writing; and

(b)lodged—

(i)in the case of an appeal under paragraph (a) or (b) of that subsection, not later than seven days after the finding or, as the case may be, the acquittal which is the subject of the appeal;

(ii)in the case of an appeal under paragraph (c) F7. . .of that subsection, not later than seven days after the conclusion of the examination of facts,

or within such longer period as the [F8appropriate Appeal Court] may, on cause shown, allow.

(3)Where the examination of facts was held in connection with proceedings on indictment, subsections (1)(a) and (2)(b)(i) above are without prejudice to section 74(1) of this Act.

(4)A respondent in an appeal under this subsection shall be entitled to be present at the hearing of the appeal unless the [F9appropriate Appeal Court] determines that his presence is not practicable or appropriate.

(5)In disposing of an appeal under subsection (1) above the [F10appropriate Appeal Court] may—

(a)affirm the decision of the court of first instance;

(b)make any other finding [F11order or disposal] which that court could have made at the time when it made the finding [F11or acquittal] which is the subject of the appeal; or

(c)remit the case to that court with such directions in the matter as the [F10appropriate Appeal Court] thinks fit.

(6)In this section, “the prosecutor” means, in relation to proceedings on indictment, the Lord Advocate.

[F12(7)In this section, “appropriate Appeal Court” means—

(a)in the case of an appeal under subsection (1) against a finding or an acquittal made in proceedings on indictment, the High Court;

(b)in the case of an appeal under subsection (1) against a finding or an acquittal made in summary proceedings, the Sheriff Appeal Court.]

Textual Amendments

F1Words in s. 63 heading substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 43; S.S.I. 2012/160, art. 3, sch.

F3Words in s. 63(1)(a) substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 43(a); S.S.I. 2012/160, art. 3, sch.

F4S. 63(1)(b) substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 43(b); S.S.I. 2012/160, art. 3, sch.

F5Words in s. 63(1)(c) substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 43(c); S.S.I. 2012/160, art. 3, sch.

F6S. 63(1)(d) repealed (1.1.1998) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 21(8)(a), Sch. 3; S.I. 1997/2323, art. 4, Sch. 2 (subject to art. 7)

F7Words in s. 63(2)(b)(ii) repealed (1.1.1998) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 21(8)(b), Sch. 3; S.I. 1997/2323, art. 4, Sch. 2 (subject to art. 7)

F11Words in s. 63(5)(b) substituted (1.1.1998) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(8)(c)(i)(ii); S.I. 1997/2323, art. 4, Sch. 2 (subject to art. 7)