118 Disposal of appeals
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

118  Disposal of appeals

(1)     The High Court may, subject to subsection (4) below, dispose of an appeal against conviction by—

(a)     affirming the verdict of the trial court;

(b)     setting aside the verdict of the trial court and either quashing the conviction or, subject to subsection (2) below, substituting therefor an amended verdict of guilty; or

(c)     setting aside the verdict of the trial court and quashing the conviction and granting authority to bring a new prosecution in accordance with section 119 of this Act.

[(1A)     Where an appeal against conviction is by virtue of section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16), paragraph (c) of subsection (1) does not apply.]

(2)     An amended verdict of guilty substituted under subsection (1) above must be one which could have been returned on the indictment before the trial court.

(3)     In setting aside, under subsection (1) above, a verdict the High Court may quash any sentence imposed on the appellant (or, as the case may be, any disposal or order made) as respects the indictment, and—

(a)     in a case where it substitutes an amended verdict of guilty, whether or not the sentence (or disposal or

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