Criminal Justice (Scotland) Act 1995
Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.
Change 1
52 Appeal by prosecutor in case involving insanity.
(1) After section 174ZD of the 1975 Act (inserted by section 51(1) of this Act) there shall be inserted the following section— Appeal by Lord Advocate in case involving insanity. 174ZE (1) The Lord Advocate may appeal to the High Court on a point of law against— (a) a finding under subsection (1) of section 174 of this Act that an accused is insane so that his trial cannot proceed or continue; (b) an acquittal on the ground of insanity at the time of the act or omission by virtue of subsection (2) of that section; (c) an acquittal under section 174ZA(3) of this Act (whether or not on the ground of insanity at the time of the act or omission); or (d) any order made under section 174ZC(2) of this Act. (2) An appeal under subsection (1) above shall be— (a) in writing; and (b) lodged— (i) in the case of an appeal under paragraph (a) or (b) of that subsection, not later than seven days after the finding or, as the case may be, the acquittal which is the subject of the appeal; (ii) in the case of an appeal under paragraph (c) or (d) of that subsection, not later than seven days after the conclusion of the examination of facts, or within such longer period as the High Court may, on cause shown, allow. (3) Subsection (1)(a) and (2)(b)(i) above are without prejudice to section 76A(1) of this Act. (4) A respondent in an appeal under this section shall be entitled to be present at the hearing of the appeal unless the High Court determines that his presence is not practicable or appropriate. (5) In disposing of an appeal under subsection (1) above the High Court may— (a) affirm the decision of the court of first instance; (b) make any other finding or order which that court could have made at the time when it made the finding or order which is the subject of the appeal; or (c) remit the case to that court with such directions in the matter as the High Court thinks fit. . (2) After section 375ZD of that Act (inserted by section 51(2) of this Act) there shall be inserted the following section— Appeal by prosecutor in case involving insanity. 375ZE (1) The prosecutor may appeal to the High Court on a point of law against— (a) a finding under subsection (2) of section 375 of this Act that an accused is insane so that his trial cannot proceed or continue; (b) an acquittal on the ground of insanity at the time of the act or omission by virtue of subsection (3A) of that section; (c) an acquittal under section 375ZA(3) of this Act (whether or not on the ground of insanity at the time of the act or omission); or (d) any order made under section 375ZC(2) of this Act. (2) An appeal under subsection (1) above shall be— (a) in writing; and (b) lodged— (i) in the case of an appeal under paragraph (a) or (b) of that subsection, not later than seven days after the finding or, as the case may be, the acquittal which is the subject of the appeal; (ii) in the case of an appeal under paragraph (c) or (d) of that subsection, not later than seven days after the conclusion of the examination of facts, or within such longer period as the High Court may, on cause shown, allow. (3) A respondent in an appeal under this section shall be entitled to be present at the hearing of the appeal unless the High Court determines that his presence is not practicable or appropriate. (4) In disposing of an appeal under subsection (1) above the High Court may— (a) affirm the decision of the court of first instance; (b) make any other finding or order which that court could have made at the time when it made the finding or order which is the subject of the appeal; or (c) remit the case to that court with such directions in the matter as the High Court thinks fit. .
52 Appeal by prosecutor in case involving insanity.
(1) After section 174ZD of the 1975 Act (inserted by section 51(1) of this Act) there shall be inserted the following section— Appeal by Lord Advocate in case involving insanity. 174ZE (1) The Lord Advocate may appeal to the High Court on a point of law against— (a) a finding under subsection (1) of section 174 of this Act that an accused is insane so that his trial cannot proceed or continue; (b) an acquittal on the ground of insanity at the time of the act or omission by virtue of subsection (2) of that section; (c) an acquittal under section 174ZA(3) of this Act (whether or not on the ground of insanity at the time of the act or omission); or (d) any order made under section 174ZC(2) of this Act. (2) An appeal under subsection (1) above shall be— (a) in writing; and (b) lodged— (i) in the case of an appeal under paragraph (a) or (b) of that subsection, not later than seven days after the finding or, as the case may be, the acquittal which is the subject of the appeal; (ii) in the case of an appeal under paragraph (c) or (d) of that subsection, not later than seven days after the conclusion of the examination of facts, or within such longer period as the High Court may, on cause shown, allow. (3) Subsection (1)(a) and (2)(b)(i) above are without prejudice to section 76A(1) of this Act. (4) A respondent in an appeal under this section shall be entitled to be present at the hearing of the appeal unless the High Court determines that his presence is not practicable or appropriate. (5) In disposing of an appeal under subsection (1) above the High Court may— (a) affirm the decision of the court of first instance; (b) make any other finding or order which that court could have made at the time when it made the finding or order which is the subject of the appeal; or (c) remit the case to that court with such directions in the matter as the High Court thinks fit. . (2) After section 375ZD of that Act (inserted by section 51(2) of this Act) there shall be inserted the following section— Appeal by prosecutor in case involving insanity. 375ZE (1) The prosecutor may appeal to the High Court on a point of law against— (a) a finding under subsection (2) of section 375 of this Act that an accused is insane so that his trial cannot proceed or continue; (b) an acquittal on the ground of insanity at the time of the act or omission by virtue of subsection (3A) of that section; (c) an acquittal under section 375ZA(3) of this Act (whether or not on the ground of insanity at the time of the act or omission); or (d) any order made under section 375ZC(2) of this Act. (2) An appeal under subsection (1) above shall be— (a) in writing; and (b) lodged— (i) in the case of an appeal under paragraph (a) or (b) of that subsection, not later than seven days after the finding or, as the case may be, the acquittal which is the subject of the appeal; (ii) in the case of an appeal under paragraph (c) or (d) of that subsection, not later than seven days after the conclusion of the examination of facts, or within such longer period as the High Court may, on cause shown, allow. (3) A respondent in an appeal under this section shall be entitled to be present at the hearing of the appeal unless the High Court determines that his presence is not practicable or appropriate. (4) In disposing of an appeal under subsection (1) above the High Court may— (a) affirm the decision of the court of first instance; (b) make any other finding or order which that court could have made at the time when it made the finding or order which is the subject of the appeal; or (c) remit the case to that court with such directions in the matter as the High Court thinks fit. .
One line that says what changes, such as "Halve the dog tax".
Who it helps, what it costs, what it fixes. It is what persuades people to support it.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.
Sign in to file your proposal. What you have written stays on this page.
Sign in to file itThink it through
Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.