Criminal Procedure (Scotland) Act 1995, section 124

Finality of proceedings and Secretary of State’s reference

PART VIII Appeals from Solemn Proceedings

(1)Nothing in this Part [F1072or Part XAF1072] of this Act shall affect the prerogative of mercy.

(2)Subject to [F1073Part XA and [F1074 section 288AAF1074] of this ActF1073][F1075 and paragraph 13(a) of Schedule 6 to the Scotland Act 1998F1075] , every interlocutor and sentence pronounced by the High Court under this Part of this Act shall be final and conclusive and not subject to review by any court whatsoever and [F1076, except for the purposes of F1077... an appeal under [F1078 section 288AA of this Act orF1078] paragraph 13(a) of that Schedule,F1076] it shall be incompetent to stay or suspend any execution or diligence issuing from the High Court under this Part of this Act.

F1079 (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1079 (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1079 (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 124 4

sentence

“sentence” includes any order of the High Court made on conviction with reference to the person convicted or his wife or children, and any recommendation of the High Court as to the making of a deportation order in the case of a person convicted and the power of the High Court to pass a sentence includes a power to make any such order of the court or recommendation, and a recommendation so made by the High Court shall have the same effect for the purposes of Articles 20 and 21 of the Aliens Order 1953 as the certificate and recommendation of the convicting court.

Defined in s.132 · see it in the full Act

“sentence”, whether of detention or of imprisonment, means a sentence passed in respect of a crime or offence and does not include an order for committal in default of payment of any sum of money or for contempt of court;

Defined in s.307(1) · see it in the full Act
High Court

“High Court” and “Court of Justiciary” shall mean “High Court of Justiciary” and shall include any court held by the Lords Commissioners of Justiciary, or any of them;

Defined in s.307(1) · see it in the full Act
court

“court” means any of—

(a)

the High Court of Justiciary,

(b)

the Sheriff Appeal Court when exercising criminal jurisdiction,

(c)

the sheriff courts when exercising criminal jurisdiction, and

(d)

justice of the peace courts,

Defined in s.303O(1) · see it in the full Act
appeal

(a) “appeal” includes an appeal under section 288AA of this Act or paragraph 13(a) of Schedule 6 to the Scotland Act 1998 ; and

Defined in s.121(5) · see it in the full Act

(5) In subsections (1) and (3) above, “appeal” includes an appeal under section 288AA of this Act or paragraph 13(a) of Schedule 6 to the Scotland Act 1998 .

Defined in s.122(5) · see it in the full Act

Cases considering section 124 7

Macklin v Her Majesty’s Advocate

[2015] UKSC 77 · 16 December 2015Limits

The provision makes High Court interlocutors and sentences in solemn appeals final, subject to specified exceptions. Consequently, the Supreme Court could identify the governing legal test but could not review its factual application (see paras [6]; [20]-[22]; [37]-[43]).

Kinloch v Her Majesty's Advocate (Scotland)

[2012] UKSC 62 · 19 December 2012Limits

Outside the statutory jurisdiction over devolution issues, an interlocutor of the High Court of Justiciary is final, conclusive and not reviewable by another court (see para [13]).

McInnes v Her Majesty’s Advocate (Scotland)

[2010] UKSC 7 · 10 February 2010Limits

The provision makes interlocutors and sentences in solemn appeals final and conclusive, subject to the specified devolution appeal. Consequently, the Supreme Court could identify the correct test but could not review its factual application (see para [18]).

What each judgment says about section 124 is in the case-law panel in the full Act.

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F1072Words in s. 124(1) inserted (1.4.1999) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(18)(a); S.I. 1999/652, art. 2, Sch. (subject to savings and transitional provisions in art. 3)
  2. F1073Words in s. 124(2) substituted (1.4.1999) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(18)(b); S.I. 1999/652, art. 2, Sch. (subject to savings and transitional provisions in art. 3)
  3. F1074Words in s. 124(2) substituted (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 94(a), 117(2); S.S.I. 2016/426, art. 2, sch.
  4. F1075S. 124(2): By S.I. 1999/1042, arts. 1(2)(a), 3, Sch. 1 Pt. I para. 13(6)(a) it is provided (6.5.1999) that after “subsection (3) below” there is inserted “and paragraph 13(a) of Schedule 6 to the Scotland Act 1998”
  5. F1076Words in s. 124(2) inserted (6.5.1999) by S.I. 1999/1042, arts. 1(2)(a), 3, Sch. 1 Pt. I para. 13(6)(b)
  6. F1077Words in s. 124(2) repealed (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 94(b), 117(2); S.S.I. 2016/426, art. 2, sch.
  7. F1078Words in s. 124(2) inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 36(11)(c), 44(5); S.I. 2013/6, art. 2(c)
  8. F1079S. 124(3)-(5) repealed (1.4.1999) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 21(18)(c), Sch. 3; S.I. 1999/652, art. 2, Sch. Table (subject to savings and transitional provisions in art. 3)