107 Leave to appeal
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

107  Leave to appeal

(1)     The decision whether to grant leave to appeal for the purposes of section 106(1) of this Act shall be made by a judge of the High Court who shall—

(a)     if he considers that the documents mentioned in subsection (2) below disclose arguable grounds of appeal, grant leave to appeal and make such comments in writing as he considers appropriate; and

(b)     in any other case—

(i)     refuse leave to appeal and give reasons in writing for the refusal; and

(ii)     where the appellant is on bail and the sentence imposed on his conviction is one of imprisonment, grant a warrant to apprehend and imprison him.

(2)     The documents referred to in subsection (1) above are—

(a)     the note of appeal lodged under section 110(1)(a) of this Act;

(b)     in the case of an appeal against conviction or sentence in a sheriff court, the certified copy or, as the case may be, the record of the proceedings at the trial;

(c)     where the judge who presided at the trial furnishes a report under section 113 of this Act, that report; and

(d)     where, by virtue of section

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