Appeals

Question 1

Can Appeal be made to the Supreme Court of the UK?

Answer 1

Supreme Court of the UK - may hear cases if a devolution issue is raised - ie a human rights issue.

Question 2

Basis for Summary Appeals (ie summary cases)

Answer 2

Convicted person can appeal against, conviction, sentence or both on grounds of miscarriage of justice, including a point of law

Prosecution can appeal on point of law against the acquittal (but if successful that wil not result in the person being prosecuted again) or sentence s175 Criminal Procedure (Scotland) Act 1995

Question 3

Statute/section dealing with Summary Appeals.

Answer 3

s175 Criminal Procedure (Scotland) Act 1995

Question 4

Basis for Solemn Appeals (ie solemn cases)

Answer 4

conviction, sentence or both on grounds of miscarriage of justice unless it is set by Law (s106)

Lord Advocate may make a Reference to have a point of law considered after an acquital (but if successful this will not result in the person being prosecuted again)
(s123)

Lord Advocate may appeal against lenient sentence s108

Question 5

Statute /s dealing with Solemn Appeals

Answer 5

Criminal Procedure (Scotland) Act 1995
S106 - for convicted
S123 for Lord Advocate (reference on pt of law after an acquital
S108 for Lord Advocate appeal re sentence.

Question 6

Scottish Criminal Cases review Commission - power provided by

Answer 6

s194B of Criminal Procedure (Scotland) Act 1995

Power is to refer a case to the High Court even where an appeal has been disposed of and at any time.

See s194 generally for the SCCRC.