Criminal Justice (Scotland) Act 1995

14 Intermediate diet in summary proceedings. S

(1) Section 337A of the 1975 Act (intermediate diet) shall be amended as follows.

(2) In subsection (1)—

(a) after the word “ascertaining” there shall be inserted “ , so far as is reasonably practicable, whether the case is likely to proceed to trial on the date assigned as the trial diet and, in particular ”;

(b) the word “and” immediately following paragraph (a) shall cease to have effect; and

(c) after paragraph (b) there shall be inserted— “; and

(c) the extent to which the prosecutor and the accused have complied with the duty under section 333B(1) of this Act.”.

(3) After subsection (1) there shall be inserted the following subsections—

“(1A) Where at an intermediate diet the court concludes that the case is unlikely to proceed to trial on the date assigned for the trial diet, the court—

(a) shall, unless having regard to previous proceedings in the case it considers it inappropriate to do so, postpone the trial diet; and

(b) may fix a further intermediate diet.

(1B) Subject to subsection (1A) above, the court may, if it considers it appropriate to do so, adjourn an intermediate diet.”.

(4) At the end of subsection (3) there shall be inserted— “unless—

(a) he is legally represented; and

(b) the court considers that there are exceptional circumstances justifying him not attending.

(4) The foregoing provisions of this section shall have effect as respects any court prescribed by the Secretary of State by order, in relation to proceedings commenced after such date as may be so prescribed, with the following modifications—

(a) in subsection (1), for the word “may” there shall be substituted “shall, subject to subsection (1C) below,”; and

(b) after subsection (1B) there shall be inserted the following subsections—

(1C) If, on a joint application by the prosecutor and the accused made at any time before the commencement of the intermediate diet, the court considers it inappropriate to have such a diet, the duty under subsection (1) above shall not apply and the court shall discharge any such diet already fixed.

(1D) The court may consider an application under subsection (1C) above without hearing the parties.

(5) An order under subsection (5) above shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

Commencement Information

I1 S. 14 wholly in force at 31.3.1996; s. 14 not in force at Royal Assent see s. 118(2); s. 14(4) in force for certain purposes at 5.3.1996 and s. 14 in force at 31.3.1996 insofar as not already in force by S.I. 1996/517, art. 3, Sch.