The Act Part 2 - Sheriff Appeal Court
78.The Scottish Civil Courts Review recommended the establishment of a Sheriff Appeal Court to deal with all civil appeals from the sheriff court and all summary criminal appeals by an accused on conviction or sentence; appeals by the Crown on acquittal or sentence; and bail appeals (emanating from the sheriff court or the justice of the peace court).
79.In civil appeals, the appellate jurisdiction that presently attaches to the office of sheriff principal will cease, as will the general right to take an appeal directly from the sheriff court to the Inner House of the Court of Session. Instead all civil appeals from cases heard at first instance by the sheriff court will lie to the Sheriff Appeal Court, except where specific legislation has established a specific right of appeal to the Court of Session. The Sheriff Appeal Court will have power to remit or transfer a particularly important or complex appeal to the Inner House. Onward appeal to the Inner House from the Sheriff Appeal Court will require the permission of the Sheriff Appeal Court, failing which the Inner House, and permission will only be given if “the second appeals” test is met.
80.In summary criminal cases, there will no longer be a right of appeal directly to the High Court against conviction or sentence or, in the case of the Crown, against acquittal or sentence. Such appeals will now lie to the Sheriff Appeal Court in the first instance, although there will be a corresponding power to remit complex appeals to the High Court. An onward appeal to the High Court would require permission, which would only be granted where there are clearly arguable grounds of appeal on a point of law.
81.The provisions in this Part of the Act provide for the establishment of the Sheriff Appeal Court, its membership, its clerking arrangements and its rules of court etc. Certain statutory appeals will continue to be heard by Sheriffs Principal sitting alone, not the Sheriff Appeal Court.
82.For details of the Sheriff Appeal Court’s appeal jurisdiction see Part 5 (sections 109-117) and Part 6 of the Act and the relevant sections of these notes.