183 Stated case: disposal of appeal

183  Stated case: disposal of appeal

(1)     The [Sheriff Appeal Court] may, subject to subsection (3) below and to section 190(1) of this Act, dispose of a stated case by—

(a)     remitting the cause to the inferior court with its opinion and any direction thereon;

(b)     affirming the verdict of the inferior court;

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

(d)     setting aside the verdict of the inferior court and granting authority to bring a new prosecution in accordance with section 185 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), paragraphs (a) and (d) of subsection (1) do not apply.]

(2)     An amended verdict of guilty substituted under subsection (1)(c) above must be one which could

Powered by Lexis+®

Popular documents