Report and Recommendations - Scottish Government

Summary cases8.1.16 In summary proceedings, there are no less than four potential modes of appeal:stated case (appeal against conviction), section 174 (preliminary rulings), Billof Suspension and Bill of Advocation. Bills of Suspension can normally onlybe employed to challenge final judgments 41 , i.e. at the conclusion of asummary trial 42 . They have traditionally been used in cases where the factsare not in dispute and there is a crisp issue of competency 43 . Advocation,although usually resorted to by the procurator fiscal, is available generally toreview decisions other than final judgments, again on the basis of someexceptional procedural irregularity 44 which cannot be remedied by an appealby stated case at the end of the trial process. It can, for example, be used toappeal against the grant or refusal of adjournments at trial diets.8.1.17 The applicant for leave to appeal against conviction requires to request a statedcase within one week of the final determination of the case 45 . Thereafter thereare a variety of time limits designed to expedite the summary stated caseprocess. The High Court may extend the time periods “as it may thinkproper” 46 and these applications are normally dealt with on paper by a singlejudge of the High Court in chambers. There is no appeal to a three judgebench against a refusal to extend a time limit in summary cases 47 .41 it can also be used to suspend warrants, a procedure outwith the scope of the Review42 Morton v Macleod 1981 SCCR 15943 Fairley v Muir 1951 JC 56, i.e. where the stated case procedure would be unnecessarily cumbersome44 see generally Renton & Brown : Criminal Procedure paras 33-19 et seq, especially 32-22 underreference to MacLeod v Levitt 1969 JC 16 and Durant v Lockhart 1985 SCCR 7245 1995 Act s 17646 1995 Act s 18147 ibid s181(3)340