Criminal Procedure (Scotland) Act 1995

65 Prevention of delay in trials. S

(1) Subject to subsections (2) and (3) below, an accused shall not be tried on indictment for any offence unless

[F1 (a) where an indictment has been served on the accused in respect of the High Court, a preliminary hearing is commenced within the period of 11 months; and

[F2 (aa) where an indictment has been served on the accused in respect of the sheriff court, a first diet is commenced within the period of 11 months;]

(b) in any case, the trial is commenced within the period of 12 months,

of the first appearance of the accused on petition in respect of the offence.]

[F3 (1A) If the preliminary hearing (where subsection (1)(a) above applies) [F4 , the first diet (where subsection (1)(aa) above applies)] or the trial is not so commenced,] the accused

[F5 (a) shall be discharged forthwith from any indictment as respects the offence; and

(b) shall not at any time be proceeded against on indictment as respects the offence]

(2) Nothing in subsection (1) [F6 or (1A)] above shall bar the trial of an accused for whose [F7 apprehension] a warrant has been granted for failure to appear at a diet in the case.

(3) On an application made for the purpose,

[F8 (a) where an indictment has been served on the accused in respect of the High Court, a single judge of that court may, on cause shown, extend either or both of the periods of 11 and 12 months specified in subsection (1) above; or

(b) in any other case, the sheriff may, on cause shown, extend [F9 either or both of the periods of 11 and] 12 months specified in that subsection.]

[F10 (3A) An application under subsection (3) shall not be made at any time when an appeal made with leave under section 74(1) of this Act has not been disposed of by the High Court.]

(4) Subject to subsections (5) to (9) below, an accused who is committed for any offence until liberated in due course of law shall not be detained by virtue of that committal for a total period of more than—

(a) 80 days, unless within that period the indictment is served on him, which failing he shall be [F11 entitled to be admitted to bail]; or

[F12 (aa) where an indictment has been served on the accused in respect of the High Court—

(i) 110 days, unless a preliminary hearing in respect of the case is commenced within that period, which failing he shall be entitled to be admitted to bail; or

(ii) 140 days, unless the trial of the case is commenced within that period, which failing he shall be entitled to be admitted to bail;]

(b) [F13 where an indictment has been served on the accused in respect of the sheriff court,] [F14 110 days]

[F14 (i) 110 days, unless a first diet in respect of the case is commenced within that period, which failing he shall be entitled to be admitted to bail; or

(ii) 140 days], unless the trial of the case is commenced within that period, which failing he shall be [F15 entitled to be admitted to bail].

[F16 (4A) Where an indictment has been served on the accused in respect of the High Court, subsections (1)(a) and (4)(aa)(i) above shall not apply if the preliminary hearing has been dispensed with under section 72B(1) of this Act.]

[F17 (5) On an application made for the purpose—

(a) in a case where, at the time the application is made, an indictment has not been served on the accused, a single judge of the High Court; or

(b) in any other case, the court specified in the notice served under section 66(6) of this Act,

may, on cause shown, extend any period mentioned in subsection (4) above.

(5A) Before determining an application under subsection (3) or (5) above, the judge or, as the case may be, the court shall give the parties an opportunity to be heard.

(5B) However, where all the parties join in the application, the judge or, as the case may be, the court may determine the application without hearing the parties and, accordingly, may dispense with any hearing previously appointed for the purpose of considering the application.]

F18 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The grant or refusal of any application to extend the periods mentioned in this section may be appealed against by note of appeal presented to the High Court; and that Court may affirm, reverse or amend the determination made on such application.

[F19 (8A) Where an accused is, by virtue of subsection (4) above, entitled to be admitted to bail, the accused shall, unless he has been admitted to bail by the Lord Advocate, be brought forthwith before—

(a) in a case where an indictment has not yet been served on the accused, a single judge of the High Court; or

(b) in any other case, the court specified in the notice served under section 66(6) of this Act.

(8B) Where an accused is brought before a judge or court under subsection (8A) above, the judge or, as the case may be, the court shall give the prosecutor an opportunity to make an application under subsection (5) above.

(8C) If the prosecutor does not make such an application or, if such an application is made but is refused, the judge or, as the case may be, the court shall, after giving the prosecutor an opportunity to be heard, admit the accused to bail.

(8D) Where such an application is made but is refused and the prosecutor appeals against the refusal, the accused—

(a) may continue to be detained under the committal warrant for no more than 72 hours from the granting of bail under subsection (8C) above or for such longer period as the High Court may allow; and

(b) on expiry of that period, shall, whether the appeal has been disposed of or not, be released on bail subject to the conditions imposed.]

(9) For the purposes of this section,

[F20 (a) where the accused is cited in accordance with subsection (4)(b) of section 66 of this Act, the indictment shall be deemed to have been served on the accused;

(b) a preliminary hearing shall be taken to commence when it is called; [F21 and]

[F22 (ba) a first diet shall be taken to commence when it is called;]

(c)] a trial shall be taken to commence when the oath is administered to the jury.

(10) In calculating the [F23 periods of 11 and] months specified in subsections (1) and (3) above there shall be left out of account any period during which the accused is detained, other than while serving a sentence of imprisonment or detention, in any other part of the United Kingdom or in any of the Channel Islands or the Isle of Man in any prison or other institution or place mentioned in subsection (1) or (1A) of section 29 of the M1 Criminal Justice Act 1961 (transfer of prisoners for certain judicial purposes).

Textual Amendments

F1 S. 65(1)(a)(b)(1A) substituted (1.2.2005) for words by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(2), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F2 S. 65(1)(aa) inserted (29.5.2017 for specified purposes) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 79(2)(a), 117(2); S.S.I. 2017/99, art. 3(1)(2) (with art. 6)

F3 S. 65(1)(a)(b)(1A) substituted (1.2.2005) for words by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(2), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F4 Words in s. 65(1A) inserted (29.5.2017 for specified purposes) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 79(2)(b), 117(2); S.S.I. 2017/99, art. 3(1)(2) (with art. 6)

F5 S. 65(1)(a)(b) substituted (4.7.1996) for words by 1996 c. 25, s. 73(3) (with s. 78(1))

F6 Words in s. 65(2) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(3), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F7 Word in s. 65(2) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 12(1); S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)

F8 S. 65(3)(a)(b) substituted (1.2.2005) for words by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(4), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F9 Words in s. 65(3)(b) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 26, 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)

F10 S. 65(3A) inserted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(9); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F11 Words in s. 65(4)(a) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(5)(a), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F12 S. 65(4)(aa) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(5)(b), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F13 Words in s. 65(4)(b) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(5)(c)(i), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F14 S. 65(4)(b)(i)(ii) substituted for words (29.5.2017 for specified purposes) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 79(2)(c), 117(2); S.S.I. 2017/99, art. 3(1)(2) (with art. 6)

F15 Words in s. 65(4)(b) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(5)(c)(ii), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F16 S. 65(4A) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(6), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F17 S. 65(5)-(5B) substituted (1.2.2005) for s. 65(5) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(7), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F18 S. 65(6)(7) repealed (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(8), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F19 S. 65(8A)-(8D) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(9), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F20 Words in s. 65(9) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(10), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F21 Word in s. 65(9) repealed (29.5.2017 for specified purposes) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 79(2)(d)(i), 117(2); S.S.I. 2017/99, art. 3(1)(2) (with art. 6)

F22 S. 65(9)(ba) inserted (29.5.2017 for specified purposes) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 79(2)(d)(ii), 117(2); S.S.I. 2017/99, art. 3(1)(2) (with art. 6)

F23 Words in s. 65(10) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(11), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

Modifications etc. (not altering text)

C1 S. 65 extended (1.10.1997) by 1997 c. 43, s. 41, Sch. 1 Pt. II para. 10(1)(a); S.I. 1997/2200, art. 2(1)(g)

C2 S. 65 modified (1.10.1997) by 1997 c. 43, s. 41, Sch. 1 Pt. II para. 11(1)(a); S.I. 1997/2200, art. 2(1)(g) (subject to transitional provisions in art. 5)

C3 S. 65 applied (with modifications) (1.10.1997) by S.I. 1997/1776, arts. 1, 2, Sch. 1 paras. 5-7; S.I. 1997/2200, art. 2(1)(g) (subject to transitional provisions in art. 5)

C4 S. 65(4)(aa)(b) applied (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), ss. 6(7)(8)(a), 17(3); S.S.I. 2011/365, art. 3

C5 S. 65(4A)-(9) applied (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), ss. 6(7)(8)(a), 17(3); S.S.I. 2011/365, art. 3

Marginal Citations

M1 1961 c.39.