Act of Adjournal (Consolidation) 1988

Procedure at preliminary diet

33.—(1) A preliminary diet shall commence on the diet being called.

(2) For the purposes of the application of section 274 (shorthand notes of trial) to a preliminary diet the whole proceedings at the preliminary diet shall be proceedings at the trial for the purposes of that section.

(3) A record of those proceedings, including—

(a) a note of the decision made by the court in respect of any notice placed before it,

(b) any continuation or adjournment,

(c) the plea or pleas stated at the conclusion of the diet in terms of section 76(6),

shall be kept in accordance with existing law and practice.

(4) At any time after the commencement of the diet, the judge may make an order continuing or adjourning the diet to another time or place, but he shall not require to make an order continuing it to the trial diet.

(5) A copy of an order continuing or adjourning the diet under paragraph (4) duly certified by the Clerk of Justiciary or the sheriff clerk, as the case may be, shall be warrant—

(a) for the conveyance to the continued or adjourned diet of any accused who may be in custody,

(b) for the citation to that diet of any witnesses.