Date lodged: 15 November 2018
To ask the Scottish Government how criminal sentences can be appealed when they are given “in cumulo” (taken together).
Answered by: Humza Yousaf 26 November 2018
The mechanism for appealing in cumulo sentences is the same as for other appeals that may be made against sentence. The legal framework providing for appeals against sentence is contained in the Criminal Procedure (Scotland) Act 1995 as well as any associated court rules that have been made by Act of Adjournal.
The relevant appeal court determining an appeal against sentence has the power to set aside the original sentence, whether in cumulo or otherwise, and substitute another in its place. Any such decision is entirely a matter for the discretion of the court.