Act of Adjournal (Criminal Procedure (Scotland) Act 1995 Amendment) (Miscellaneous) 2020

Amendment of the Criminal Procedure (Scotland) Act 1995

2.—(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) In section 75C (refixing diets: non-suitable days)(1)—

(a) subsection (2) is repealed;

(b) in subsection (3), for “subsections (1) and (2)” substitute “subsection (1)”.

(3) After section 83 (transfer of sheriff court solemn proceedings)(2) insert—

“Transfer of sheriff court solemn proceedings within sheriffdom: power of sheriff principal

83ZA.   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.”.

(4) After section 137A (transfer of sheriff court summary proceedings within sheriffdom)(3) insert—

“Transfer of sheriff court summary proceedings within sheriffdom: power of sheriff principal

137AA.   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 summary cases 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.”.

(5) Subsection (2) of section 137ZB (refixing diets: non-suitable days) (4) is repealed.

(1)

Section 75C was inserted by S.S.I. 2011/430.

(2)

Section 83 was last amended by the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).

(3)

Section 137A was inserted by Criminal Justice (Scotland) Act 2003 (asp 7) and amended by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6).

(4)

Section 137ZB was inserted by S.S.I. 2011/430.