Criminal Justice (Scotland) Act 1980

18 Desertion of trial diet

(1) In section 127 of the 1975 Act (procedure where trial does not take place) after subsection (1) there shall be inserted the following subsection—

“(1A) The prosecutor shall not raise a fresh libel in a case where the court has deserted the trial diet simpliciter (and its decision in that regard has not been reversed on appeal).”.

(2) After section 338 of the said Act there shall be added the following section—

“338A Desertion of trial diet.

(1) It shall be competent at the diet of trial, at any time before the first witness is sworn, for the court, on the application of the prosecutor, to desert the diet pro loco et tempore.

(2) If, at a diet of trial, the court refuses an application by the prosecutor to adjourn the trial or to desert the diet pro loco et tempore, and the prosecutor is unable or unwilling to proceed with the trial, the court shall desert the diet simpliciter.

(3) Where the court has deserted a diet simpliciter under subsection (2) above (and the court's decision in that regard has not been reversed on appeal), it shall not be competent for the prosecutor to raise a fresh libel.”.