Report and Recommendations - Scottish Government

(iii)discussions on whether to grant leave to appeal late shall all takeplace in chambers without the requirement of an oral hearingunless the Court otherwise directs; and(iv) the decision of the High Court refusing to allow a Notice ofIntention to Appeal or a Note of Appeal to be received late is final.;⎯ where an application for leave to appeal late is granted, the Courtmust give a reason for that decision in a form capable of beingcommunicated to any victim of the crime or next of kin of anydeceased;⎯ the processes of Bill of Suspension and Bill of Advocation should beabolished. The provisions of sections 74 and 174 of the 1995 Actshould be expanded to permit appeals from any pre trial decision of acourt of first instance but only with leave of that court. Where thedecision has the effect of terminating a prosecution by acquitting theaccused of a charge, or part of a charge, or otherwise the Crownshould have the right of appeal without leave;⎯ section 176 of the 1995 Act should be amended to permit an applicantfor a stated case based solely on the incompetency of a conviction torequest the court to authorise that the appeal proceed by Note ofAppeal rather than Stated Case. The court should be permitted togrant such authorisation. Other than in relation to the quorum of theCourt, the appeal should proceed in the same way as a Note of Appealagainst sentence;⎯ the same test for leave to appeal late as is suggested for solemn casesshould be applied to summary cases. It ought also to be made clearthat, in accordance with current practice, there is no appeal from thedecision of a single High Court judge refusing leave to appeal late in asummary case;⎯ the High Court’s nobile officium should continue but there should be astatutory provision that applies the same finality to summary caseappeal decisions that section 124 of the 1995 Act provides in relationto solemn cases; and⎯ further consideration by the court and the legal profession should begiven to whether the practice of trial counsel not appearing in theappeal proceedings constitutes a problem and, if so, what steps shouldbe taken to solve that problem.353