Written Question · S3W-08237 · Session 3
How many appeals are outstanding where the appellant is in custody and, of these, how many have been outstanding (a) for up to three months…
The question
To ask the Scottish Executive how many appeals are outstanding where the appellant is in custody and, of these, how many have been outstanding (a) for up to three months, (b) from three to six months, (c) from seven to 12 months, (d) at least 12 months and (e) over 24 months.
The answer
The number of appealsoutstanding where the appeal records show the appellant to be in custody is348.
Of those the followingperiods apply:
Period
| Appeals Outstanding
Up to 3 months
| 189
3 to 6 months
| 38
7 to 12 months
| 29
At least 12 months
| 94
Over 24 months
| 47
For the purposes ofcalculating the period over which the appeal has been outstanding, the appealhas been considered to commence at the point at which appeal issues have beenformalised at the appeal sift stage (i.e. when a judicial decision is madeabout whether to grant leave to appeal). In solemn criminal appeals againstconviction, a significant further period follows sift during which parties tothe appeal may have various procedural matters to attend to and during whichthe court is not in a position to progress the appeal.
The above figures arecurrent as at 11 January 2008 and do not include bail appeals which are dealt withexpeditiously. It should be noted that appellants may be remanded in custody orliberated at various stages of the appeal process and their status may changeaccordingly.
It should also be noted thatthe column total is greater than the number of outstanding appeals due todouble counting – for example, “at least 12 months” will include all appeals“over 24 months.
Of those the followingperiods apply:
Period
| Appeals Outstanding
Up to 3 months
| 189
3 to 6 months
| 38
7 to 12 months
| 29
At least 12 months
| 94
Over 24 months
| 47
For the purposes ofcalculating the period over which the appeal has been outstanding, the appealhas been considered to commence at the point at which appeal issues have beenformalised at the appeal sift stage (i.e. when a judicial decision is madeabout whether to grant leave to appeal). In solemn criminal appeals againstconviction, a significant further period follows sift during which parties tothe appeal may have various procedural matters to attend to and during whichthe court is not in a position to progress the appeal.
The above figures arecurrent as at 11 January 2008 and do not include bail appeals which are dealt withexpeditiously. It should be noted that appellants may be remanded in custody orliberated at various stages of the appeal process and their status may changeaccordingly.
It should also be noted thatthe column total is greater than the number of outstanding appeals due todouble counting – for example, “at least 12 months” will include all appeals“over 24 months.
In the Official Report
No contribution in the Official Report cites S3W-08237 by reference.