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Part IIS Criminal Proceedings

ProcedureS

40 Taking of other proceedings while jury out.S

(1)After section 155 of the 1975 Act there shall be inserted the following section—

155A Taking of other proceedings while jury out.

During the period in which, in any criminal trial, the jury are retired to consider their verdict, the judge may sit in any other proceedings; and the trial shall not fail by reason only of his so doing..

(2)After section 360 of that Act there shall be inserted the following heading and section—

Interruption of proceedingsS
360A Interruption of summary proceedings for verdict in earlier trial.

(1)Where the sheriff is sitting in any summary proceedings during the period in which the jury in any criminal trial in which he has presided are retired to consider their verdict, it shall be lawful, if he considers it appropriate to do so, to interrupt those proceedings—

(a)in order to receive the verdict of the jury and dispose of the cause to which it relates;

(b)to give a direction to the jury on any matter on which they may wish one from him, or to hear a request from them regarding any matter, as for example that a production may be made available for examination by them,

and the interruption shall not affect the validity of the proceedings nor cause the instance to fall in respect of any person accused in the proceedings.

(2)Subsection (5) of section 156 of this Act shall apply in respect of the interruption of summary proceedings as it applies in respect of the interruption of a trial..