High Court of Justiciary - Appellate Jurisdiction

Appellate Jurisdiction

Scots law


Law of Scotland

Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases. An appeal may also be made to the High Court if the High Court itself heard the case at first instance. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction.

There is no further appeal from the High Court's decision on appeal (that can be made to or heard by the High Court). Appellants who still wish to pursue their appeal may petition the Scottish Criminal Cases Review Commission, who have the authority to refer an appeal back to the High Court, if they determine that a miscarriage of justice has occurred. Appellants are also entitled to lay their appeals before the UK Supreme Court and the European Court.

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