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Criminal Procedure (Scotland) Act 1975

Changes over time for: Section 145

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Version Superseded: 31/03/1996

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145 Trial in open court.S

(1)Without prejudice to section 174 of this Act, no part of a trial shall take place outwith the presence of the accused

[F1Provided that, if during the course of his trial an accused so misconducts himself that in the view of the court a proper trial cannot take place unless he is removed, the court may order him to be removed for so long as his conduct may make necessary and the trial to proceed in his absence; but if he is not legally represented the court shall appoint counsel or a solicitor to represent his interests during such absence.]

(2)Where a debate has taken place on the relevance of an indictment, the judge shall give his decision as to relevance in open court in the presence of the accused.

(3)From the commencement of the leading of evidence in a trial for rape or the like the judge may, if he thinks fit, cause all persons other than the accused and counsel and solicitors to be removed from the court-room.

(4)Any person who interrupts or disturbs the court shall be liable to imprisonment or a fine or both as the judge thinks fit.

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