- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/10/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/10/2022.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure (Scotland) Act 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 80 repealed (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 26; S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
(1)The prosecutor shall not raise a fresh libel in a case in which the court has deserted the trial simpliciter unless the court’s decision has been reversed on appeal.
(2)Where a trial diet in any proceedings on indictment is deserted pro loco et tempore the court may appoint a further trial diet for a later date and the accused shall appear and answer the indictment at that diet.
(3)In appointing a further trial diet under subsection (2) above, the court—
(a)shall have regard to the state of preparation of the prosecutor and the accused with respect to their cases and, in particular, to the likelihood of the case being ready to proceed to trial on the date to be appointed for the trial diet; and
(b)may, if it appears to the court that there are any preliminary pleas, preliminary issues or other matters which require to be, or could with advantage be, disposed of or ascertained before the trial diet, appoint a diet to be held before the trial diet for the purpose of disposing of or, as the case may be, ascertaining them.
(4)Subsection (5) below applies where, in any proceedings on indictment in which a trial diet has been appointed F3...—
(a)the diet has been deserted pro loco et tempore for any reason and no further trial diet has been appointed under subsection (2) above; or
(b)the indictment falls or is for any other reason not brought to trial and the diet has not been continued, adjourned or postponed.
(5)Where this subsection applies, the prosecutor may, at any time within the period of two months after the relevant date, give notice to the accused on another copy of the indictment to appear and answer the indictment—
(a)where the trial diet referred to in subsection (4) above was in the High Court—
(i)at a further preliminary hearing in that Court not less than seven clear days after service of the notice; or
[F4(ii)where the charge is one that can lawfully be tried in the sheriff court, at a first diet in that court not less than 21 clear days after service of the notice; or]
(b)where the trial diet referred to in subsection (4) was in the sheriff court—
(i)at a [F5first diet] in that court not less than seven clear days after service of the notice; or
(ii)at a preliminary hearing in the High Court not less than 21 clear days after service of the notice.
(6)Where notice is given to the accused under paragraph (a)(ii) or (b)(ii) of subsection (5) above, then for the purposes of section 65(4) of this Act—
(a)the giving of the notice shall be taken to be service of an indictment in respect of—
(i)in the case of a notice under paragraph (a)(ii) of subsection (5) above, the sheriff court; or
(ii)in the case of a notice under paragraph (b)(ii) of that subsection, the High Court; and
(b)the previous service of the indictment in respect of—
(i)in the case of a notice under paragraph (a)(ii) of subsection (5), the High Court; or
(ii)in the case of a notice under paragraph (b)(ii) of that subsection, the sheriff court,
shall be disregarded.
(7)A notice under subsection (5) above shall be in such form as may be prescribed by Act of Adjournal, or as nearly as may be in such form.
(8)In subsection (5) above, “the relevant date” means—
(a)where paragraph (a) of subsection (4) applies, the date on which the trial diet was deserted as mentioned in that paragraph; or
(b)where paragraph (b) of that subsection applies, the date of the trial diet referred to in that subsection.]
Textual Amendments
F2S. 81 substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 9, 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5) (as amended (31.1.2005) by S.S.I. 2005/40, art. 3(2) (subject to art. 1(3)))
F3Words in s. 81(4) omitted (31.7.2017) by virtue of The Criminal Justice (Scotland) Act 2016 (Consequential and Transitional Provisions) Regulations 2017 (S.S.I. 2017/221), regs. 1(1), 2(2)(a) (with reg. 3)
F4S. 81(5)(a)(ii) substituted (31.7.2017) by The Criminal Justice (Scotland) Act 2016 (Consequential and Transitional Provisions) Regulations 2017 (S.S.I. 2017/221), regs. 1(1), 2(2)(b) (with reg. 4)
F5Words in s. 81(5)(b)(i) substituted (31.7.2017) by The Criminal Justice (Scotland) Act 2016 (Consequential and Transitional Provisions) Regulations 2017 (S.S.I. 2017/221), regs. 1(1), 2(2)(c)
Where—
(a)a diet is deserted pro loco et tempore;
(b)a diet is [F6continued, accelerated,] postponed or adjourned; or
[F7(c)an order is issued changing the place at which the trial is to take place,]
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.
Textual Amendments
F6Words in s. 82(b) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 27(a); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
F7S. 82(c) substituted (31.7.2017) by The Criminal Justice (Scotland) Act 2016 (Consequential and Transitional Provisions) Regulations 2017 (S.S.I. 2017/221), regs. 1(1), 2(3)
(1)Where an accused person has been cited to attend a [F8diet] of the sheriff court the prosecutor may [F9apply to the sheriff for an order for the transfer of the proceedings to a sheriff court in another district in that sheriffdom F10. . . and for adjournment to a [F8diet] of that court] .
[F11(1A)Where—
(a)an accused person has been cited to attend a [F12diet] of the sheriff court; or
(b)paragraph (a) above does not apply but it is competent so to cite an accused person,
and the prosecutor is informed by the sheriff clerk that, because of exceptional circumstances which could not reasonably have been foreseen, it is not practicable for that court (in subsection (2A)(b)(i) below referred to as the “relevant court”) or any other sheriff court in that sheriffdom to proceed with the case, the prosecutor—
(i)may, where paragraph (b) above applies, so cite the accused; and
(ii)shall, where paragraph (a) above applies or the accused is so cited by virtue of paragraph (i) above, as soon as practicable apply to the sheriff principal for an order for the transfer of the proceedings to a sheriff court in another sheriffdom F13. . . and for adjournment to a [F12diet] of that court.]
(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,
[F14make such order as is mentioned in that subsection].
[F15(2A)On an application under subsection (1A) above the sheriff principal may make the order sought—
(a)provided that the sheriff principal of the other sheriffdom consents; but
(b)in a case where the trial (or part of the trial) would be transferred, shall do so only—
(i)if the sheriff of the relevant court, after giving the accused or his counsel an opportunity to be heard, consents to the transfer; or
(ii)on the joint application of the parties.
(2B)On the application of the prosecutor, a sheriff principal who has made an order under subsection (2A) above may, if the sheriff principal of the other sheriffdom mentioned in that subsection consents—
(a)revoke; or
(ii)vary so as to restrict the effect of,
that order.]
[F16(2C)The sheriff may proceed under subsection (2) above on a joint application of the parties without hearing the parties and, accordingly, he may dispense with any hearing previously appointed for the purposes of considering the application.]
(3)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Words in s. 83(1) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 28(a)(i); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
F9Words in s. 83(1) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 58(1)(a), 89; S.S.I. 2003/288, art. 2, Sch.
F10Words in s. 83(1) repealed (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 28(a)(ii); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
F11S. 83(1A) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 58(1)(b), 89; S.S.I. 2003/288, art. 2, Sch.
F12Words in s. 83(1A) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 28(b)(i); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
F13Words in s. 83(1A)(ii) repealed (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 28(b)(ii); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
F14Words in s. 83(2) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 58(1)(c), 89; S.S.I. 2003/288, art. 2, Sch.
F15S. 83(2A)-(2B) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 58(1)(d), 89; S.S.I. 2003/288, art. 2, Sch.
F16S. 83(2C) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 28(c); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
F17S. 83(3) repealed (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 28(d); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
Where, because of exceptional circumstances which could not reasonably have been foreseen, it is not practicable for a sheriff court in a sheriffdom to proceed with some or all of the proceedings on indictment due to call at a diet, the sheriff principal may, of the sheriff principal’s own accord, make an order for—
(a)the transfer of the proceedings to a sheriff court in any other district in that sheriffdom; and
(b)adjournment to a diet of that court.]
Textual Amendments
F18S. 83ZA inserted (25.3.2020) by Act of Adjournal (Criminal Procedure (Scotland) Act 1995 Amendment) (Miscellaneous) 2020 (S.S.I. 2020/93), paras. 1(2), 2(3)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.