The Criminal Justice (Scotland) Act 2016 (Consequential and Transitional Provisions) Regulations 2017

Amendment of the 1995 Act

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

(2) In section 81 (procedure where trial diet does not proceed)(1)—

(a) in subsection (4), omit the words “or the accused has been cited to a trial diet in the sheriff court”;

(b) for subsection (5)(a)(ii) substitute—

“(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”; and

(c) in subsection (5)(b)(i), for “further trial diet” substitute “first diet”.

(3) In section 82 (desertion or postponement where accused in custody)(2), for paragraph (c) substitute—

“(c) an order is issued changing the place at which the trial is to take place,”.

(1)

Section 81 was amended by the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5) (“the 2004 Act”), section 9.

(2)

Section 82 was amended by the 2004 Act, schedule 1, paragraph 27.