When must the Crown or prosecutor lodge the ordinary note of appeal?

The Lord Advocate’s section110(1)(b) branch uses four weeks from sentence in open court. The supported non-expedited prosecutor branches use seven days after the specified acquittal, direction or leave grant. The expedited as-soon-as-practicable branch is excluded.

Responsible actor. Lord Advocate or prosecutor within the selected statutory branch.

Identify actual open-court sentence, acquittal or direction, or grant of section107B leave.

The selected Lord Advocate or prosecutor branch applies. The underlying appeal right and any required intimation or leave are established.

Only the exact supported ordinary branch is calculated. Standing, competence, changed periods, required forms, copies and actual completion must be established.

1. Exclude the actual event day. Count the exact calendar-day period for the confirmed branch.
2. Check the required document, destination, copies and actual cutoff.

Exclude the actual event day. Count the exact calendar-day period for the confirmed branch.

Calendar days include weekends and holidays. No automatic court-holiday extension is inferred for this Act period. Check actual completion and act earlier where necessary.

Fictitious example

Fictional facts. actual open-court sentence, acquittal or direction, or grant of section107B leave is established as Tuesday, October 13, 2026. Selected branch. Lord Advocate. Four weeks after sentence was passed in open court branch applies. All ordinary source conditions and the actual completion route are established.

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

Source condition 1

The selected Lord Advocate or prosecutor branch applies. The underlying appeal right and any required intimation or leave are established.

Source condition 2

I established the actual sentence, acquittal or direction, or leave-grant date required by the selected subsection.

Source condition 3

This is not an expedited appeal under section107D. The section110(1)(e) as-soon-as-practicable duty has no fixed period and is excluded.

Source condition 4

The required note reaches the Clerk of Justiciary and the relevant prescribed form and copies are completed. No section111(2) variation is assumed.

Source condition 5

The ordinary current statutory period applies. No order, extension, postponement, suspension, historical transition or discretionary late permission changes it. Actual timely receipt, copies and the applicable cutoff remain required.

• Only the exact supported ordinary branch is calculated. Standing, competence, changed periods, required forms, copies and actual completion must be established.
• Other procedures have different actors, events, periods and completion requirements. The selected branch does not replace those duties.

• The selected Lord Advocate or prosecutor branch applies. The underlying appeal right and any required intimation or leave are established.
• I established the actual sentence, acquittal or direction, or leave-grant date required by the selected subsection.
• This is not an expedited appeal under section107D. The section110(1)(e) as-soon-as-practicable duty has no fixed period and is excluded.
• The required note reaches the Clerk of Justiciary and the relevant prescribed form and copies are completed. No section111(2) variation is assumed.
• The ordinary current statutory period applies. No order, extension, postponement, suspension, historical transition or discretionary late permission changes it. Actual timely receipt, copies and the applicable cutoff remain required.
• Only the exact supported ordinary branch is calculated. Standing, competence, changed periods, required forms, copies and actual completion must be established.