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A senior judge or appeal sheriff decides whether or not to grant permission for an appeal to proceed. This is called the sift process. There can be two parts to this.
A single judge or appeal sheriff will consider whether there are ‘arguable grounds’ for an appeal to proceed based on legal matters and evidence.
Where permission to appeal is refused at the first sift, an appeal can be made against that refusal to a second sift. This will be considered by two or three judges/sheriffs, depending on the type of appeal.
If permission is granted, a hearing is fixed to determine the points of law to be considered in the appeal.
If an appeal is allowed against conviction, the appeal judges can confirm or quash (reject) the verdict. In certain cases, they can order the trial to be heard again.
If an appeal is allowed against a sentence, the appeal judges can confirm or change the sentence.
If an accused loses an appeal and believes there has been a 'miscarriage of justice', they can apply for a reference from the Scottish Criminal Cases Review Commission.
Legal advice is recommended for an accused wishing to appeal.
The Law Society of Scotland can provide contact details for local solicitors.
The prosecutor - who pursues the case against the accused at trial - can appeal against a sentence if they think it is too low. They can also appeal against points of law in relation to the trial.
The Criminal Procedure (Scotland) Act 1995 is the main piece of legislation that covers criminal procedure in Scotland, although depending on the type of case, there are other acts that may apply.
The criminal court rules that apply are The Criminal Procedure Rules 1996.
The forms used and included in the Criminal Procedure Rules 1996 are the criminal procedure forms.
Information for victims can be found in the Victims section of the website.
Information for witnesses can be found in the Witnesses section of the website.
Information on paying your fine can be found in the Fines section of the website.
We would recommend getting legal advice if you want to appeal against a conviction, sentence or both. The Law Society of Scotland can provide contact details for solicitors in your area.
The appeal procedure depends on whether the case was one dealt with under solemn or summary proceedings. Chapter 15 of the rules covers appeals from solemn proceedings and Chapters 19, 19D and 19E cover appeals from summary proceedings. If you do not know whether your case was a solemn or summary case, you can find this out from your solicitor, or by contacting the court that dealt with your case.
See separate guidance.
See frequently asked questions page.
Scottish Courts and Tribunals Service staff are not legally qualified and therefore cannot provide you with any legal advice. If you do need legal advice, the Law Society of Scotland can provide contact details for solicitors in your area.
The court that dealt with the case may be able to provide you with some information, however it depends on the individual case.
If the court cannot provide you with any information, the Crown or Procurator Fiscal may be able to help you.
Find out more about requesting a criminal proceedings transcript.