180 Leave to appeal against conviction etc
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

180  Leave to appeal against conviction etc

(1)     The decision whether to grant leave to appeal for the purposes of section 175(2)(a) or (d) of this Act shall be made by [an Appeal Sheriff] of the [Sheriff Appeal 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 stated case lodged under subsection (9) of section 179 of this Act; and

(b)     the documents transmitted to the [Clerk of the Sheriff Appeal Court] under subsection (8)(b)

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