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the word “and” immediately following paragraph (b) is repealed,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.