Report and Recommendations - Scottish Government

8.1.29 If the application for leave to appeal late is refused by a single judge, then anyfurther application to the High Court should be dealt with on paper inchambers 68 without an oral hearing unless the court otherwise directs. As isrequired with other provisions in the 1995 Act, it should be made clear, if it isnot already 69 , that the decision of the High Court refusing to allow an appealto be received late is final.Bills of Advocation and Suspension8.1.30 The 2010 Act has applied certain time limits within in which a person canappeal by way of Bill of Suspension or Advocation 70 . However, a morefundamental question is whether appeals by these methods should continue inexistence at all, especially where leave to appeal, either at the preliminaryruling stage or at the post conviction sift stage, has been refused. The startingpoint for a consideration of this issue is that the relatively recent provisions ofsections 174 and 175 provide a comprehensive code governing appeals fromthe summary courts. Section 184 of the 1995 Act provides that:“(2) Subject to section 191 of this Act, on the [stated] case beinglodged… the appellant shall be held to have abandoned any othermode of appeal which might otherwise have been open to him”.Yet section 191 provides:“(1) Notwithstanding section 184(2) of this Act, a party to a summaryprosecution may, where an appeal under section 175 of this Act wouldbe incompetent or would in the circumstances be inappropriate, appealto the High Court, by bill of suspension against a conviction or, as the68 i.e. in the same way as a timeous application for leave to appeal; 1995 Act s 107(6)69 1995 Act s 12470 s 6, introducing 1995 Act s 191A347