PART 3SOLEMN PROCEDURE
I179Pre-trial time limits
1
The 1995 Act is amended as follows.
2
In section 65 (prevention of delay in trials)—
a
in subsection (1), after paragraph (a) there is inserted—
aa
where an indictment has been served on the accused in respect of the sheriff court, a first diet is commenced within the period of 11 months;
b
in subsection (1A), after the word “applies)” there is inserted “
, the first diet (where subsection (1)(aa) above applies)
”
,
c
in subsection (4)(b), for the words “110 days” there is substituted—
i
110 days, unless a first diet in respect of the case is commenced within that period, which failing he shall be entitled to be admitted to bail; or
ii
140 days
d
in subsection (9)—
i
the word “and” immediately following paragraph (b) is repealed,
ii
after paragraph (b) there is inserted—
ba
a first diet shall be taken to commence when it is called;
3
In section 66 (service and lodging of indictment, etc.), for sub-paragraphs (i) and (ii) of paragraph (a) of subsection (6) there is substituted “
at a first diet not less than 29 clear days after the service of the indictment,
”
.
4
In section 72C (procedure where preliminary hearing does not proceed), for paragraph (b) of subsection (4) there is substituted—
b
where the charge is one that can lawfully be tried in the sheriff court, at a first diet in that court not less than 29 clear days after the service of the notice.