Criminal Procedure (Scotland) Act 1995

Yn ddilys o 28/03/2011

[F1[F2137CATransfer of JP court proceedings within sheriffdomS

(1)Subsection (2) applies—

(a)where the accused person has been cited in summary proceedings to attend a diet of a JP court, or

(b)if the accused person has not been cited to such a diet, where summary proceedings against the accused have been commenced in a JP court.

(2)The prosecutor may apply to a justice for an order for the transfer of the proceedings to another JP court in the sheriffdom (and for adjournment to a diet of that court).

(3)On an application under subsection (2), the justice may make the order sought.

(4)In this section and sections 137CB and 137CC, “justice” does not include the sheriff.]]

Textual Amendments

F1 Ss. 137C, 137D inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) , ss. 22(3) , 84 ; S.S.I. 2008/42 , art. 3 , Sch. (subject to arts. 4 - 6)