Part 4 SMiscellaneous and general

MiscellaneousS

19First diet in sheriff court solemn proceedings: witnesses and bailS

(1)Section 71 (first diet) of the 1995 Act is amended as follows.

(2)After subsection (1B) insert—

(1C)At a first diet, the court—

(a)shall ascertain which of the witnesses included in the list of witnesses are required by the prosecutor or the accused to attend the trial; and

(b)shall, where the accused has been admitted to bail, review the conditions imposed on his bail and may—

(i)after giving the parties an opportunity to be heard; and

(ii)if it considers it appropriate to do so,

fix bail on different conditions..

(3)In subsection (2), for “and (1A)” substitute “ , (1A) and (1C) ”.

(4)In subsection (3), after “(1A)” insert “ , (1C) ”.

Commencement Information

I1S. 19 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)