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).