Scotland court deadlines
When must the initial summary conviction stated-case application be lodged?
A qualifying conviction appeal under section 176 requires the signed Form 19.2-A application within one week after final determination. Section 194 ordinarily uses sentence in open court, or the first qualifying section 202 deferral for the conviction appeal. Lodge with the actual clerk of the court that heard the case and send the required respondent copy within the same period. Weekends and prescribed criminal court holidays extend the endpoint.
- Period
- 7 calendar days after the exact actual event
- Trigger
- actual sentence in open court or the qualifying first section 202 deferral in open court for the conviction appeal
- Rule
- Criminal Procedure (Scotland) Act 1995 ss 175(2)(a),(d),176(1),194(1),(3); Criminal Procedure Rules 19.2(1)
Current official statutory text and maintained criminal rules. Supported events and endpoints are within 2024 through 2028. Older saved complaints and different actual orders require separate review.
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When must the initial summary conviction stated-case application be lodged?
A qualifying conviction appeal under section 176 requires the signed Form 19.2-A application within one week after final determination. Section 194 ordinarily uses sentence in open court, or the first qualifying section 202 deferral for the conviction appeal. Lodge with the actual clerk of the court that heard the case and send the required respondent copy within the same period. Weekends and prescribed criminal court holidays extend the endpoint.
Responsible actor. Convicted person or person found to have committed an offence, pursuing the qualifying conviction appeal.
Establish actual sentence in open court or the qualifying first section 202 deferral in open court for the conviction appeal.
This is the initial section 176 application for the convicted person’s section 175(2)(a) conviction appeal or the conviction aspect of section 175(2)(d). A sentence-only note, prosecutor appeal or solemn appeal is excluded.
Only the exact convicted-person conviction branch is supported. Sentence-only, prosecutor and solemn appeals require different routes.
Criminal Procedure (Scotland) Act 1995 ss 175(2)(a),(d),176(1),194(1),(3); Criminal Procedure Rules 19.2(1)How does this provision count time?
- Exclude the actual event day. Apply the fixed 7-day period.
- Section 194 extends an endpoint on a Saturday, Sunday or holiday prescribed for the relevant criminal court to the next day which is none of those. National bank holidays and arbitrary office closures do not automatically qualify.
- Check the actual statutory conditions and completion route.
Exclude the actual event day. Count 7 calendar days.
Section 194 extends an endpoint on a Saturday, Sunday or holiday prescribed for the relevant criminal court to the next day which is none of those. National bank holidays and arbitrary office closures do not automatically qualify.
Criminal Procedure (Scotland) Act 1995 ss 175(2)(a),(d),176(1),194(1),(3); Criminal Procedure Rules 19.2(1)What do independently checked examples show?
Fictitious example
Fictional established facts. The selected sentence or qualifying first-deferral event occurs in open court on Thursday, October 15, 2026.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictional established facts. The selected sentence or qualifying first-deferral event occurs in open court on Thursday, October 15, 2026. Exclude the actual event day. Count 7 calendar days to Thursday, October 22, 2026. | Thursday, October 22, 2026 |
| Example 2. Material procedural branch | Fictional established facts. The selected sentence or qualifying first-deferral event occurs in open court on Thursday, February 29, 2024. Exclude the actual event day. Count 7 calendar days to Thursday, March 7, 2024. | Thursday, March 7, 2024 |
| Example 3. Closed-day boundary | Fictional established facts. The selected sentence or qualifying first-deferral event occurs in open court on Saturday, October 17, 2026. Exclude the actual event day. Count 7 calendar days to Saturday, October 24, 2026. Section 194 extends the weekend or prescribed-holiday endpoint to Monday, October 26, 2026. | Monday, October 26, 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 the initial section 176 application for the convicted person’s section 175(2)(a) conviction appeal or the conviction aspect of section 175(2)(d). A sentence-only note, prosecutor appeal or solemn appeal is excluded.
- Source condition 2
- For a sentence-date branch, no earlier qualifying section 202 deferral started this conviction clock. For a deferral branch, the date is the actual first qualifying deferral in open court, rather than a later continuation.
- Source condition 3
- The application contains all matters to be reviewed, the applicable grounds, and the appellant’s or solicitor’s signature. The actual form and completion route are established. This calculation does not grant leave under section 180.
- Source condition 4
- The application must be lodged with the actual clerk of the court that heard the case. The required copy must also be sent to the respondent or solicitor within the statutory period.
- Source condition 5
- Only Saturdays, Sundays and criminal court holidays prescribed for the relevant court under section 194 affect this extension. I listed every such relevant holiday. An arbitrary exceptional office closure or national bank holiday is not automatically a prescribed court holiday.
- Source condition 6
- No late-appeal decision, extension, different statutory route or actual order changes this ordinary period. Later permission or correspondence does not restart it.
- Only the exact convicted-person conviction branch is supported. Sentence-only, prosecutor and solemn appeals require different routes.
- The actual source event and statutory limb control. Another hearing, later correspondence or a different procedural step does not automatically start the same clock.
What must the responsible actor complete?
Questions about this procedure
When must the initial summary conviction stated-case application be lodged?
When must the initial summary conviction stated-case application be lodged?
A qualifying conviction appeal under section 176 requires the signed Form 19.2-A application within one week after final determination. Section 194 ordinarily uses sentence in open court, or the first qualifying section 202 deferral for the conviction appeal. Lodge with the actual clerk of the court that heard the case and send the required respondent copy within the same period. Weekends and prescribed criminal court holidays extend the endpoint.
Criminal Procedure (Scotland) Act 1995 ss 175(2)(a),(d),176(1),194(1),(3); Criminal Procedure Rules 19.2(1)Does a later sentence restart the conviction appeal clock after deferral?
No. For the supported conviction and combined-conviction branches, section 194(3) uses the first qualifying section 202 deferral in open court. A later continuation, sentence or permission decision does not replace that event.
Criminal Procedure (Scotland) Act 1995 ss 175(2)(a),(d),176(1),194(1),(3); Criminal Procedure Rules 19.2(1)What happens on a weekend or court holiday?
Section 194 extends an endpoint on a Saturday, Sunday or holiday prescribed for the relevant criminal court to the next day which is none of those. National bank holidays and arbitrary office closures do not automatically qualify.
Criminal Procedure (Scotland) Act 1995 ss 175(2)(a),(d),176(1),194(1),(3); Criminal Procedure Rules 19.2(1)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Criminal Procedure (Scotland) Act 1995 ss 175(2)(a),(d),176(1),194(1),(3); Criminal Procedure Rules 19.2(1) | Check the identified procedure, event, counting rule or qualification |
| Section 175. Conviction and combined-appeal routes | Check the identified procedure, event, counting rule or qualification |
| Section 194. Final determination and prescribed-holiday extension | Check the identified procedure, event, counting rule or qualification |
| Section 8. Prescribed criminal holidays for sheriff and JP courts | Check the identified procedure, event, counting rule or qualification |
| Current Criminal Procedure Rules Chapter 19. Form 19.2-A | Check the identified procedure, event, counting rule or qualification |