Crime and Punishment (Scotland) Act 1997
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
21 Increased rights of appeal of prosecutor.
(1) For section 108 of the 1995 Act there shall be substituted the following section— Lord Advocate’s right of appeal against disposal. 108 (1) Where a person has been convicted on indictment, the Lord Advocate may, in accordance with subsection (2) below, appeal against any of the following disposals, namely— (a) a sentence passed on conviction; (b) a decision under section 209(1)(b) of this Act not to make a supervised release order; (c) a decision under section 234A(2) of this Act not to make a non-harassment order; (d) a probation order; (e) a community service order; (f) a decision to remit to the Principal Reporter made under section 49(1)(a) of this Act; (g) an order deferring sentence; (h) an admonition; or (i) an absolute discharge. (2) An appeal under subsection (1) above may be made— (a) on a point of law; (b) where it appears to the Lord Advocate, in relation to an appeal under— (i) paragraph (a), (h) or (i) of that subsection, that the disposal was unduly lenient; (ii) paragraph (b) or (c) of that subsection, that the decision not to make the order in question was inappropriate; (iii) paragraph (d) or (e) of that subsection, that the making of the order concerned was unduly lenient or was on unduly lenient terms; (iv) under paragraph (f) of that subsection, that the decision to remit was inappropriate; (v) under paragraph (g) of that subsection, that the deferment of sentence was inappropriate or was on unduly lenient conditions. . (2) For subsection (4) of section 175 of the 1995 Act there shall be substituted the following subsections— (4) The prosecutor in summary proceedings, in any class of case specified by order made by the Secretary of State, may, in accordance with subsection (4A) below, appeal to the High Court against any of the following disposals, namely— (a) a sentence passed on conviction; (b) a decision under section 209(1)(b) of this Act not to make a supervised release order; (c) a decision under section 234A(2) of this Act not to make a non-harassment order; (d) a probation order; (e) a community service order; (f) a decision to remit to the Principal Reporter made under section 49(1)(a) or (7)(b) of this Act; (g) an order deferring sentence; (h) an admonition; or (i) an absolute discharge. (4A) An appeal under subsection (4) above may be made— (a) on a point of law; (b) where it appears to the Lord Advocate, in relation to an appeal under— (i) paragraph (a), (h) or (i) of that subsection, that the disposal was unduly lenient; (ii) paragraph (b) or (c) of that subsection, that the decision not to make the order in question was inappropriate; (iii) paragraph (d) or (e) of that subsection, that the making of the order concerned was unduly lenient or was on unduly lenient terms; (iv) under paragraph (f) of that subsection, that the decision to remit was inappropriate; (v) under paragraph (g) of that subsection, that the deferment of sentence was inappropriate or was on unduly lenient conditions. .
21 Increased rights of appeal of prosecutor.
(1) For section 108 of the 1995 Act there shall be substituted the following section— Lord Advocate’s right of appeal against disposal. 108 (1) Where a person has been convicted on indictment, the Lord Advocate may, in accordance with subsection (2) below, appeal against any of the following disposals, namely— (a) a sentence passed on conviction; (b) a decision under section 209(1)(b) of this Act not to make a supervised release order; (c) a decision under section 234A(2) of this Act not to make a non-harassment order; (d) a probation order; (e) a community service order; (f) a decision to remit to the Principal Reporter made under section 49(1)(a) of this Act; (g) an order deferring sentence; (h) an admonition; or (i) an absolute discharge. (2) An appeal under subsection (1) above may be made— (a) on a point of law; (b) where it appears to the Lord Advocate, in relation to an appeal under— (i) paragraph (a), (h) or (i) of that subsection, that the disposal was unduly lenient; (ii) paragraph (b) or (c) of that subsection, that the decision not to make the order in question was inappropriate; (iii) paragraph (d) or (e) of that subsection, that the making of the order concerned was unduly lenient or was on unduly lenient terms; (iv) under paragraph (f) of that subsection, that the decision to remit was inappropriate; (v) under paragraph (g) of that subsection, that the deferment of sentence was inappropriate or was on unduly lenient conditions. . (2) For subsection (4) of section 175 of the 1995 Act there shall be substituted the following subsections— (4) The prosecutor in summary proceedings, in any class of case specified by order made by the Secretary of State, may, in accordance with subsection (4A) below, appeal to the High Court against any of the following disposals, namely— (a) a sentence passed on conviction; (b) a decision under section 209(1)(b) of this Act not to make a supervised release order; (c) a decision under section 234A(2) of this Act not to make a non-harassment order; (d) a probation order; (e) a community service order; (f) a decision to remit to the Principal Reporter made under section 49(1)(a) or (7)(b) of this Act; (g) an order deferring sentence; (h) an admonition; or (i) an absolute discharge. (4A) An appeal under subsection (4) above may be made— (a) on a point of law; (b) where it appears to the Lord Advocate, in relation to an appeal under— (i) paragraph (a), (h) or (i) of that subsection, that the disposal was unduly lenient; (ii) paragraph (b) or (c) of that subsection, that the decision not to make the order in question was inappropriate; (iii) paragraph (d) or (e) of that subsection, that the making of the order concerned was unduly lenient or was on unduly lenient terms; (iv) under paragraph (f) of that subsection, that the decision to remit was inappropriate; (v) under paragraph (g) of that subsection, that the deferment of sentence was inappropriate or was on unduly lenient conditions. .
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.