We thank Sheriff Principal Anwar for the following update –

Your members may be interested in the Appeal Court case of Russell v HMA [2021] HCJAC 24.

In short, where an appeal against a decision on bail has been unsuccessful before the Sheriff Appeal Court, the sheriff can determine any subsequent application to review the original order.  However, where an appeal against the sheriff’s original decision succeeds, the order admitting the accused to bail or remanding him in custody, is an order of the Sheriff Appeal Court and cannot therefore be reviewed by the sheriff.  In that situation any application for review should be made to the Sheriff Appeal Court.