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Criminal Appeal (Scotland) Act 1926

As Enacted Cited authorities 3 Cited in Amendments 51 Related
Vincent
JurisdictionUK Non-devolved
Citation1926 c. 15
Year1926


Criminal Appeal (Scotland) Act, 1926

(16 & 17 Geo. 5.) CHAPTER 15.

An Act to amend the law of Scotland relating to appeal in criminal cases tried on indictment.

[8th July 1926]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Right of appeal by persons convicted on indictment.

1 Right of appeal by persons convicted on indictment.

1. A person convicted on indictment may appeal under this Act to the High Court of Justiciary (hereinafter in this Act referred to as the Court)—

a ) against his conviction on any ground of appeal which involves a question of law alone; and
b ) with the leave of the Court or upon the certificate of the judge who presided at the trial that it is a fit case for appeal, against his conviction on any ground of appeal which involves a question of fact alone or a question of mixed law and fact or on any other ground which appears to the Court or to the judge to be a sufficient ground of appeal
c ) with the leave of the Court against the sentence passed on his conviction unless the sentence is one fixed by law; Provided that a person sentenced to preventive detention within the meaning of the Prevention of Crime Act, 1908, may appeal to the Court against such sentence without the leave of the Court.
S-2 Determination of appeals in ordinary cases.

2 Determination of appeals in ordinary cases.

(1) The Court on any such appeal against conviction shall allow the appeal if they think that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence, or that the judgment of the court before whom the appellant was convicted should be set aside on the ground of a wrong decision of any question of law or that on any ground there was a miscarriage of justice and in any other case shall dismiss the appeal: Provided that the Court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no substantial miscarriage of justice has actually occurred.

(2) Subject to the special provisions of this Act the Court shall, if they allow an appeal against conviction, quash the conviction.

(3) On any appeal against conviction the Court shall have the like power to quash the sentence passed and to pass another sentence as is conferred on the Court by the immediately succeeding subsection of this section in the case of an appeal against sentence.

(4) On any appeal against sentence the Court shall, if they think that a different sentence should have been passed, quash the sentence passed and pass such other sentence warranted in law (whether more or less severe) in substitution therefor as they think ought to have been passed, and in any other case shall dismiss the appeal.

S-3 Powers of Court in special cases.

3 Powers of Court in special cases.

(1) If it appears to the Court that an appellant though not properly convicted on some charge or part of the indictment, has been properly convicted on some other charge or part of the indictment, the Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty on such other charge or part of the indictment, and may either affirm the sentence passed on the appellant at the trial or pass such sentence in substitution therefor as they think proper, and as may be warranted in law by the verdict so substituted.

(2) Where an appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, and on the finding of the jury it appears to the Court that the jury must have been satisfied of facts which proved him guilty of that other offence, the Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence.

(3) If on any appeal it appears to the Court that the appellant committed the act charged against him but that he was insane at the time of committing the same, the Court may substitute for the verdict found by the jury a verdict of acquittal on the ground of insanity, and may quash the sentence passed at the trial and make such order for the detention of the appellant until His Majesty's pleasure be known, as may be made under section eighty-eight of the Lunacy (Scotland) Act, 1857 , in the case of a person acquitted by a jury on the ground of insanity.

S-4 Time for appealing.

4 Time for appealing.

(1) Where a person convicted desires to appeal under this Act to the Court or to obtain the leave of the Court to appeal, he shall within ten days of the date of his conviction in the case of appeal or application for leave to appeal against conviction, or within ten days of the date of his sentence in the case of appeal or application for leave to appeal against sentence, give, in such manner as may be directed by Act of Adjournal, notice of appeal or of application for leave to appeal. Provision shall be made by such Act of Adjournal to enable any such person to present his case and his argument in writing instead of orally if he so desires, and any case or argument so presented shall be considered by the Court. Except in the case of a conviction involving sentence of death, the time within which notice of appeal or of application for leave to appeal may be given may be extended at any time by the Court.

(2) In the case of a sentence of death or corporal punishment—

(a ) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal or of an application for leave to appeal may be given under this section; and

(b ) if notice is so given, the appeal or application shall be heard and determined with as much expedition as practicable, and the sentence shall not be executed until after the determination of the appeal, or, in cases where an application for leave to appeal is finally refused, of the application.

(3) Where in the case of a conviction involving sentence of death the appeal is dismissed or the application for leave to appeal is finally refused, the Court shall fix a day for the execution of the sentence which day shall be not less than fourteen or more than eighteen clear days after the day when the appeal is dismissed or the application for leave to appeal is finally refused, and the sentence pronounced at the trial shall have effect as if for the day therein mentioned, the day fixed in pursuance of this subsection were substituted.

S-5 Judges notes and report to be furnished on appeal.

5 Judges notes and report to be furnished on appeal.

5. Where a person convicted appeals under this Act against the conviction or against the sentence, or applies for leave to appeal, the judge who presided at the trial shall furnish to the Clerk of Justiciary, in such manner as may be directed by Act of Adjournal, his notes of the proceedings before him, and a report giving his opinion on the case or on any point arising therein.

S-6 Supplemental powers of Court.

6 Supplemental powers of Court.

6. For the purposes of this Act the Court may, if they think it necessary or expedient in the interest of justice—

a ) order the production of any document, or other thing connected with the proceedings, the production of which appears to them necessary for the determination of the case; and
b ) if they think fit, order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the Court whether they were or were not called at the trial, or order the examination of any such witnesses to be conducted in manner provided by Act of Adjournal before any judge of the Court or other person appointed by the Court for the purpose, and allow the admission of any depositions so taken as evidence before the Court; and
c ) if they think fit, receive the evidence, if tendered of any witness (including the appellant) who is a competent but not compellable witness and, if the appellant makes an application for the purpose, of the husband or wife of the appellant, in cases where the evidence of the husband or wife could not have been given at the trial except on such an application; and
d ) where any question arising on the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot in the opinion of the Court conveniently be conducted before the Court, order the reference of the question in manner provided by Act of Adjournal for inquiry and report to a special commissioner appointed by the Court, and act upon the report of any such commissioner so far as they think fit to adopt it; and
e ) appoint any person with special expert knowledge to act as assessor to the Court in any case where it appears to the Court that such special knowledge is required for the proper determination of the case;

and exercise in relation to the proceedings under this Act any other powers vested in the Court, and issue any warrants necessary for enforcing the orders or sentences of the Court: Provided...

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