SCHEDULE 2CRIMINAL PROCEDURE RULES 1996

PART IIISolemn proceedings

CHAPTER 9FIRST DIETS AND PRELIMINARY DIETS

Abandonment of appeal

9.17.

(1)

An appellant who has taken an appeal under section 74(1) of the Act of 1995 (appeals in connection with first diets or preliminary diets) may abandon the appeal at any time before the hearing of the appeal.

(2)

An abandonment of such an appeal shall be made by lodging a minute of abandonment with the Clerk of Justiciary in Form 9.17.

(3)

The Clerk of Justiciary, on receiving such a minute of abandonment of an appeal in a case set down for trial in the sheriff court, shall inform the sheriff clerk and the other parties or their solicitors.

(4)

The sheriff, on the sheriff clerk being so informed, may proceed as accords with the case.