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Scotland statutory deadlines

When must I apply for second-sift leave after first-sift refusal?

Section107(4) ordinarily gives14 days from actual section107(10) intimation of the first-sift refusal and reasons. A section107(4A) extension requires its actual decision. Another sift, additional-ground application or summary appeal uses a separate route.

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Period
14 calendar days after the actual event
Trigger
actual section107(10) intimation of the first-sift refusal and reasons
Rule
Criminal Procedure (Scotland) Act 1995 s 107(4),(4A),(10)
Criminal Procedure (Scotland) Act 1995 s 107(4),(4A),(10)

Current official statutory text and the applicable court guidance reviewed October15,2026. The exact current regime must apply. Events and results are limited to the supported2024 through2028 window.

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When must I apply for second-sift leave after first-sift refusal?

Section107(4) ordinarily gives14 days from actual section107(10) intimation of the first-sift refusal and reasons. A section107(4A) extension requires its actual decision. Another sift, additional-ground application or summary appeal uses a separate route.

Responsible actor. Appellant refused leave at the first solemn sift.

Identify actual section107(10) intimation of the first-sift refusal and reasons.

Leave was refused at first sift under section107(1), rather than refused at a later sift or under another procedure.

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

Criminal Procedure (Scotland) Act 1995 s 107(4),(4A),(10)

How does this provision count time?

  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.

Criminal Procedure (Scotland) Act 1995 s 107(4),(4A),(10)

What do independently checked examples show?

Fictitious example

Fictional facts. actual section107(10) intimation of the first-sift refusal and reasons is established as Tuesday, October 13, 2026. Selected branch. Actual intimation of a refusal under section107(1) branch applies. All ordinary source conditions and the actual completion route are established.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsFictional facts. actual section107(10) intimation of the first-sift refusal and reasons is established as Tuesday, October 13, 2026. Selected branch. Actual intimation of a refusal under section107(1) branch applies. All ordinary source conditions and the actual completion route are established. Exclude the event day. Count 14 calendar days. No automatic weekend or holiday extension applies. The ordinary endpoint is Tuesday, October 27, 2026.Tuesday, October 27, 2026
Example 2. Closed-day boundaryFictional facts. actual section107(10) intimation of the first-sift refusal and reasons is established as Saturday, October 3, 2026. Selected branch. Actual intimation of a refusal under section107(1) branch applies. All ordinary source conditions and the actual completion route are established. Exclude the event day. Count 14 calendar days. No automatic weekend or holiday extension applies. The ordinary endpoint is Saturday, October 17, 2026.Saturday, October 17, 2026
Example 3. Material procedural branchFictional facts. actual section107(10) intimation of the first-sift refusal and reasons is established as Tuesday, December 15, 2026. Selected branch. Actual intimation of a refusal under section107(1) branch applies. All ordinary source conditions and the actual completion route are established. Exclude the event day. Count 14 calendar days. No automatic weekend or holiday extension applies. The ordinary endpoint is Tuesday, December 29, 2026.Tuesday, December 29, 2026
Example resultTuesday, October 27, 2026

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

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Which conditions and exceptions apply?

Source condition 1
Leave was refused at first sift under section107(1), rather than refused at a later sift or under another procedure.
Source condition 2
The Clerk’s actual section107(10) intimation and reasons to the appellant or solicitor have been established. A decision date alone is not substituted.
Source condition 3
No section107(4A) extension or other applicable direction changes the ordinary period. Separate additional-ground applications under107(9) are excluded.
Source condition 4
The application uses the actual prescribed process and reaches the High Court through the Clerk of Justiciary. This calculation does not determine whether grounds are arguable.
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.
Criminal Procedure (Scotland) Act 1995 s 107(4),(4A),(10)
  • 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.

What must the responsible actor complete?

Questions about this procedure

When must I apply for second-sift leave after first-sift refusal?

When must I apply for second-sift leave after first-sift refusal?

Section107(4) ordinarily gives14 days from actual section107(10) intimation of the first-sift refusal and reasons. A section107(4A) extension requires its actual decision. Another sift, additional-ground application or summary appeal uses a separate route.

Criminal Procedure (Scotland) Act 1995 s 107(4),(4A),(10)

Does the judge’s refusal date start these fourteen days?

Use actual section107(10) intimation of the first-sift refusal and reasons. The decision date alone is not substituted. Additional-ground applications and another sift use separate provisions.

Criminal Procedure (Scotland) Act 1995 s 107(4),(4A),(10)

Does an ordinary weekend or court closure extend this Act period?

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.

Criminal Procedure (Scotland) Act 1995 s 107(4),(4A),(10)

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
Criminal Procedure (Scotland) Act 1995 s 107(4),(4A),(10)Check the identified procedure, event, counting rule or qualification
Current SCTS Criminal Procedure Rules Chapter15, prescribed forms, signatures and extension recordingCheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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