Any crime or offence which is triable on indictment may be tried by the High Court sitting at any place in Scotland.]
Textual Amendments
F1S. 112 substituted for s. 112(1)(2) by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 57(1)
(1)Every person who shall be appointed to the office of one of the senators of the College of Justice in Scotland shall, by virtue of such appointment, be a Lord Commissioner of Justiciary in Scotland.
(2)If any difference shall arise as to the rotation of judges in the High Court, the same shall be determined by the Lord Justice General [F2whom failing by the Lord Justice Clerk].
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(4)The Lord Justice General, Lord Justice Clerk, or any Lord Commissioner of Justiciary may preside alone at the trial of any panel before the High Court, and when so presiding shall constitute a quorum of the High Court:
Provided that in any trial of difficulty or importance . . . F4 it shall be competent for two or more judges in the High Court to preside [F5for the whole or any part of the trial].
Textual Amendments
F2Words added by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(1), Sch. 1 para. 6
F3S. 113(3) repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2
F4Words which were inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 6 para. 1, Sch. 7 para. 32 are now repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2
F5Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 6 para. 1, Sch. 7 para. 32
(1)The High Court shall sit at such times and places as the Lord Justice General, whom failing the Lord Justice Clerk, may, after consultation with the Lord Advocate, determine.
(2)Without prejudice to subsection (1) above, the High Court shall hold such additional sittings as the Lord Advocate may require.
(3)Where an accused person has been cited to attend a sitting of the High Court, the prosecutor may, at any time before the commencement of his trial, apply to the Court to transfer the case to another sitting of the High Court; and a single judge of the High Court may,—
(a)after giving the accused or his counsel an opportunity to be heard; or
(b)on the joint application of all parties,
make an order for the transfer of the case.
(4)Where no cases have been indicted for a sitting of the High Court or if it is no longer expedient that a sitting should take place, it shall not be necessary for the sitting to take place.
(5)If any case remains indicted for a sitting which does not take place in pursuance of subsection (4) above, subsection (3) above shall apply in relation to the transfer of any such case to another sitting.]
Textual Amendments
F6S. 114(1)—(5) substituted for S. 114(1)(2) by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 57(2)
(1)Where an accused person has been cited to attend a sitting of the sheriff court the prosecutor may, at any time before the commencement of his trial, apply to the sheriff to transfer the case to a sheriff court in any other district in that sheriffdom.
(2)On an application under subsection (1) above the sheriff may—
(a)after giving the accused or his counsel or solicitor an opportunity to be heard; or
(b)on the joint application of the parties,
make an order for the transfer of the case.]
Textual Amendments
Textual Amendments