Suspension of Certain Sentences Pending Determination of Appeal

Part of Orders of the Day — Crime and Punishment (Scotland) Bill – in the House of Commons at 3:31 pm on 20 January 1997.

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  1. 121A.—(1) Where an intimation of intention to appeal or, in the case of an appeal under section 106(1)(b) to (e), 108 or 108A of this Act, a note of appeal is lodged, the court may on the application of the appellant direct that the whole, or any remaining part, of a relevant sentence shall be suspended until the appeal, if it is proceeded with, is determined.
  2. (2) Where the court has directed the suspension of the whole or any remaining part of a person's relevant sentence, the person shall, unless the High Court otherwise directs, appear personally in court on the day or days fixed for the hearing of the appeal.
  3. (3) Where a person fails to appear personally in court as mentioned in subsection (2) above, the court may—
    1. (a) if he is the appellant—
      1. (i) decline to consider the appeal; and
      2. (ii) dismiss it summarily; or
    2. (b) whether or not he is the appellant—
      1. (i) consider and determine the appeal; or
      2. (ii) make such other order as the court thinks fit.
  4. (4) In this section "relevant sentence" means any one or more of the following
    1. (a) a probation order;
    2. (b) a supervised attendance order made under section 236(6) of this Act;
    3. (c) a community service order;
    4. (d) a restriction of liberty order.".