Detailed Provisions Part 3: Further provision relating to offences Section 25: Appeals against orders
195.This section makes provision for appeals against orders made under sections 21, 22 and 23.
196.Subsection (1) provides that when a deprivation or disqualification order is imposed it is to be treated for the purposes of any appeal as part of the convicted person’s sentence. Any appeal will follow the appeal procedure set out in the Criminal Procedure (Scotland) Act 1995 for appeals against sentence.
197.Subsection (2) allows any other person with an interest in a dog or horse to which a deprivation order applies to appeal to the Sheriff Appeal Court on the same basis.
198.In relation to a seizure order, the disqualified person or any person who entered the process prior to the making of the order may appeal to the Sheriff Appeal Court by virtue of subsection (3).
199.Subsection (4) suspends the operation of any deprivation or seizure order until the periods for appeal against the order and conviction have expired and any appeal has been withdrawn or determined.
200.Subsection (5) allows the court to make an interim order where a deprivation or seizure order is suspended under subsection (4), or where it cannot be carried out because decree has not been extracted, and subsection (6) gives examples of what may be included in an interim order.
201.Subsection (7) requires the court to consider the desirability of protecting the value of any dog or horse to which the interim order applies, and avoiding increasing expenses which a person may be required to reimburse.
202.Subsection (8) provides if the operation of a deprivation order is suspended, a person commits an offence if they sell or otherwise part with a dog or horse to which the deprivation order applies.
203.Subsection (9) sets out the penalties for an offence under subsection (8).