Criminal Procedure (Scotland) Act 1995

Alteration, etc, of diet S

80 Alteration and postponement of trial diet. S

(1) Where an indictment is not brought to trial at the trial diet and a warrant for a subsequent sitting of the court on a day within two months after the date of the trial diet has been issued under section 66(1) of this Act by the clerk of court, the court may adjourn the trial diet to the subsequent sitting, and the warrant shall have effect as if the trial diet had originally been fixed for the date of the subsequent sitting.

(2) At any time before the trial diet, a party may apply to the court before which the trial is to take place for postponement of the trial diet.

(3) Subject to subsection (4) below, after hearing all the parties the court may discharge the trial diet and either fix a new trial diet or give leave to the prosecutor to serve a notice fixing a new trial diet.

(4) Where all the parties join in an application to postpone the trial diet, the court may proceed under subsection (3) above without hearing the parties.

(5) Where there is a hearing under this section the accused shall attend it, unless the court permits the hearing to proceed notwithstanding the absence of the accused.

(6) In subsection (5) above, the reference to the accused shall, without prejudice to section 6(c) of the M1 Interpretation Act 1978, in any case where there is more than one accused include a reference to all of them.

Marginal Citations

M1 1978 c.30.

81 Procedure where trial does not take place. S

(1) Where at the trial diet—

(a) the diet has been deserted pro loco et tempore for any cause; or

(b) an indictment is for any cause not brought to trial and no order has been given by the court postponing such trial or appointing it to be held at a subsequent date at some other sitting of the court,

it shall be lawful at any time within nine clear days after the last day of the sitting in which the trial diet was to be held to give notice to the accused on another copy of the indictment to appear to answer the indictment at a further diet either in the High Court or in the sheriff court when the charge is one that can be lawfully tried in that court, notwithstanding that the original citation to a trial diet was to a different court.

(2) Without prejudice to subsection (1) above, where a trial diet has been deserted pro loco et tempore and the court has appointed a further trial diet to be held on a subsequent date at the same sitting the accused shall require to appear and answer the indictment at that further diet.

(3) The prosecutor shall not raise a fresh libel in a case where the court has deserted the trial simpliciter and its decision in that regard has not been reversed on appeal.

(4) The notice referred to in subsection (1) above shall be in the form prescribed by Act of Adjournal or as nearly as may be in such form.

(5) The further diet specified in the notice referred to in subsection (1) above shall be not earlier than nine clear days from the giving of the notice.

(6) On or before the day on which notice referred to in subsection (1) above is given, a list of jurors shall be prepared F1 . . .and kept by the sheriff clerk of the district to which the notice applies in the manner provided in section [F2 85(2)] of this Act.

(7) The warrant issued under section 66(1) of this Act shall be sufficient warrant for the citation of accused and witnesses to the further diet.

Textual Amendments

F1 Word in s. 81(6) repealed (1.8.1997) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 21(11)(a), Sch. 3; S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F2 Words in s. 81(6) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(11)(b); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

82 Desertion or postponement where accused in custody. S

Where—

(a) a diet is deserted pro loco et tempore;

(b) a diet is postponed or adjourned; or

(c) an order is issued for the trial to take place at a different place from that first given notice of,

the warrant of committal on which the accused is at the time in custody till liberated in due course of law shall continue in force.

83 Transfer of sheriff court solemn proceedings. S

(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 [F3 adjourn the trial and transfer it to a sitting of a sheriff court, appointed as mentioned in section 66(1) of this Act,] 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,

[F4 adjourn the trial and]make an order for the transfer of the [F5 trial as mentioned in subsection (1) above].

[F6 (3) Where a warrant to cite any person to attend a sitting of the sheriff court has been issued by the sheriff clerk under section 66(1) of this Act and the trial has been adjourned and transferred by an order under subsection (2) above, the warrant shall have effect as if the trial diet had originally been fixed for the court, and the date of the sitting of that court, to which the trial is so transferred.]

Textual Amendments

F3 Words in s. 83(1) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(12)(a); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F4 Words in s. 83(2) inserted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(12)(b)(i); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F5 Words in s. 83(2) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(12)(b)(ii); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F6 S. 83(3) inserted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(12)(c); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)