PART 1SHERIFF COURTS
CHAPTER 4COMPETENCE AND JURISDICTION
Summary sheriffs: civil and criminal competence and jurisdiction
I145Summary sheriff: criminal competence and jurisdiction
1
A summary sheriff may, in relation to criminal investigations and proceedings (whether summary or solemn proceedings), exercise the jurisdiction and powers that attach to the office of sheriff.
2
Without limiting the generality of subsection (1), the jurisdiction and powers exercisable by a summary sheriff under that subsection include, in particular, those of a sheriff under the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”).
3
Despite subsections (1) and (2), a summary sheriff does not have jurisdiction or power to do any of the following in solemn criminal proceedings—
a
to preside at any of the following diets, other than for the purpose of adjourning the diet—
i
a first diet,
ii
a diet under section 76(1) of the 1995 Act,
iii
a trial diet,
b
to pass sentence on an offender, or make any other order or disposal in respect of the conviction of an offender of an offence,
c
to review, vary, revoke or discharge any sentence or such other order or disposal.
4
This section does not affect the jurisdiction and competence of a sheriff in relation to any matter mentioned in subsection (1).