Scotland statutory deadlines
When must I lodge ordinary written intimation of a solemn criminal appeal?
Section109 ordinarily uses two weeks from its actual final-determination event. A sentence, first deferral, qualifying confiscation postponement and the specified double-jeopardy acquittal have different events. The required written intimation and copy must use the applicable process.
- Period
- 14 calendar days after the actual event
- Trigger
- actual final-determination event under section109(4)-(6), or the specific double-jeopardy acquittal event
- Rule
- Criminal Procedure (Scotland) Act 1995 s 109
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 lodge ordinary written intimation of a solemn criminal appeal?
Section109 ordinarily uses two weeks from its actual final-determination event. A sentence, first deferral, qualifying confiscation postponement and the specified double-jeopardy acquittal have different events. The required written intimation and copy must use the applicable process.
Responsible actor. Person with the selected section106 right of appeal.
Identify actual final-determination event under section109(4)-(6), or the specific double-jeopardy acquittal event.
This is a qualifying appeal under section106(1)(a) or(f), or the precise section109(1A) double-jeopardy branch. It is not a summary appeal.
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 109How does this provision count time?
- Exclude the actual event day. Count the exact calendar-day period for the confirmed branch.
- 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 109What do independently checked examples show?
Fictitious example
Fictional facts. actual final-determination event under section109(4)-(6), or the specific double-jeopardy acquittal event is established as Tuesday, October 13, 2026. Selected branch. Ordinary branch. Sentence passed in open court branch applies. All ordinary source conditions and the actual completion route are established.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictional facts. actual final-determination event under section109(4)-(6), or the specific double-jeopardy acquittal event is established as Tuesday, October 13, 2026. Selected branch. Ordinary branch. Sentence passed in open court 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 boundary | Fictional facts. actual final-determination event under section109(4)-(6), or the specific double-jeopardy acquittal event is established as Saturday, October 3, 2026. Selected branch. Ordinary branch. Sentence passed in open court 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 branch | Fictional facts. actual final-determination event under section109(4)-(6), or the specific double-jeopardy acquittal event is established as Tuesday, October 13, 2026. Selected branch. Conviction branch. Sentence first deferred under section202 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 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Source condition 1
- This is a qualifying appeal under section106(1)(a) or(f), or the precise section109(1A) double-jeopardy branch. It is not a summary appeal.
- Source condition 2
- I established the selected statutory event. Sentencing, first deferral, postponed confiscation and the specified acquittal are distinct.
- Source condition 3
- Written intimation identifies the actual proceedings in the prescribed form and reaches the Clerk of Justiciary. A required Crown Agent copy is separate.
- Source condition 4
- Sections111(2) and the relevant Proceeds of Crime postponement provisions have been checked. No different time or extension 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.
What must the responsible actor complete?
Questions about this procedure
When must I lodge ordinary written intimation of a solemn criminal appeal?
When must I lodge ordinary written intimation of a solemn criminal appeal?
Section109 ordinarily uses two weeks from its actual final-determination event. A sentence, first deferral, qualifying confiscation postponement and the specified double-jeopardy acquittal have different events. The required written intimation and copy must use the applicable process.
Criminal Procedure (Scotland) Act 1995 s 109Does a sentencing deferral start the clock?
For the relevant conviction appeal, section109(5) uses the first section202 deferral in open court. Other branches use their own statutory event. A later hearing date is not automatically substituted.
Criminal Procedure (Scotland) Act 1995 s 109Does 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 109Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Criminal Procedure (Scotland) Act 1995 s 109 | Check the identified procedure, event, counting rule or qualification |
| Current SCTS Criminal Procedure Rules Chapter15, prescribed forms, signatures and extension recording | Check the identified procedure, event, counting rule or qualification |