189 Disposal of appeal against sentence
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

189  Disposal of appeal against sentence

(1)     An appeal against sentence by note of appeal shall be heard by the [Sheriff Appeal Court] on such date as it may fix, and the [Sheriff Appeal Court] may, subject to section 190(1) of this Act, dispose of such appeal by—

(a)     affirming the sentence; or

(b)     if the Court thinks that, having regard to all the circumstances, including any additional evidence such as is mentioned in section 175(5) of this Act, a different sentence should have been passed, quashing the sentence and, subject to subsection (2) below, passing another sentence, whether more or less severe, in substitution therefor.

(2)     In passing another sentence under subsection (1)(b) above, the Court shall not in any case increase the sentence beyond the maximum

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