Criminal Justice (Scotland) Act 1987

Sittings of the High Court S

57 High Court sittings. S

(1) For section 112 of the M1 1975 Act (sittings of the Court of Justiciary) there shall be substituted the following new section—

“112 Place of High Court Sittings.

Any crime or offence which is triable on indictment may be tried by the High Court sitting at any place in Scotland.”.

(2) For section 114 of that Act (power of High Court to determine circuits etc.) there shall be substituted the following new section—

“114 Fixing of High Court sittings.

(1) The High Court shall sit at such times and places as the Lord Justice General, whom failing the Lord Juctice 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 indicated for a sitting of the High Court or if it is no longer expedient that a sitting should take place, it should 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.”.

Marginal Citations

M1 1975 c. 21.