Version Superseded: 01/02/2005
Point in time view as at 01/12/2003. This version of this provision has been superseded.
Criminal Procedure (Scotland) Act 1995, Section 2 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The High Court shall sit at such times and places as the Lord Justice General, whom failing the Lord Justice Clerk, may, after consultation with the Lord Advocate, determine.
(2)Without prejudice to subsection (1) above, the High Court shall hold such additional sittings as the Lord Advocate may require.
(3)Where an accused has been cited to attend a sitting of the High Court, the prosecutor may, at any time before the commencement of his trial, apply to the Court to transfer the case to another sitting of the High Court; and a single judge of the High Court may—
(a)after giving the accused or his counsel an opportunity to be heard; or
(b)on the joint application of all parties,
make an order for the transfer of the case.
(4)Where no cases have been indicted for a sitting of the High Court or if it is no longer expedient that a sitting should take place, it shall not be necessary for the sitting to take place.
(5)If any case remains indicted for a sitting which does not take place in pursuance of subsection (4) above, subsection (3) above shall apply in relation to the transfer of any other such case to another sitting.
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