HC Deb 16 December 1992 vol 216 cc495-9

Amendments made: No. 17, in page 39, line 48, at end insert— ?() In section 233(1) (note of appeal), the existing words from "within six weeks" to the end shall be paragraph (a) and after that paragraph there shall be added the word "; or" and the following paragraph— (b) as the case may be, within four weeks of the passing of the sentence in open court, the Lord Advocate may lodge such a note with the Clerk of Justiciary, who shall send a copy to the said judge and to the convicted person or that person's solicitor.". () In section 234(1)(presentation of appeal in writing), after the word "appellant" there shall be inserted the words "other than the Lord Advocate". () In section 236B(2)(extension of certain periods), for the words "233(1)" there shall be substituted the words "233(1)(a)". () In section 236C (signing of documents), after the words "to appeal" there shall be inserted the words "or (except where the appellant is the Lord Advocate) any". () In section 238 (admission of appellant to bail), for subsections (1) and (2) there shall be substituted the following subsections— (1) The High Court may, if it thinks fit, on the application of a convicted person, admit him to bail pending the determination of—

  1. (a) his appeal; or
  2. (b) any appeal by the Lord Advocate against the sentence passed on conviction.
(2) A person who is admitted to bail under subsection (1) above shall, unless the High Court otherwise directs, appear personally in court on the day or days fixed for the hearing of the appeal or of any application for leave to appeal; and in the event of his failing to do so the court may—
  1. (a) if he is the appellant—
    1. (i) decline to consider the appeal of application; and
    2. (ii) dismiss it summarily; or
  2. (b) whether or not he is the appellant—
    1. (i) consider and determine the appeal or application; or
    2. (ii) without prejudice to section 3 of the Bail etc. (Scotland) Act 1980 (breach of conditions), make such other order as the court thinks fit.".
 () In section 239(1)(notice of date of hearing), for—
  1. (a) the words "appellant or applicant", in both places where they occur, there shall be substituted the words "convicted person"; and
  2. (b) the word "latter", there shall be substituted the words "appellant or applicant".
 () In section 240 (presence of appellant at hearing), for the word "An", where it first occurs, there shall be substituted the words "A convicted". () After section 242 there shall be inserted the following section—

    cc496-9
  1. Special provision where appellant is Lord Advocate. 1,723 words