Point in time view as at 28/03/2011.
Criminal Procedure (Scotland) Act 1995, Cross Heading: Petition proceedings outwith sheriffdom 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.
Textual Amendments
F1S. 34A and preceding cross-heading inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 31, 84; S.S.I. 2008/42, art. 3, Sch.
(1)Where the prosecutor believes—
(a)that, because of exceptional circumstances (and without an order under subsection (3) below), it is likely that there would be an unusually high number of accused persons appearing from custody for the first calling of cases on petition in the sheriff courts in the sheriffdom; and
(b)that it would not be practicable for those courts to deal with all the cases involved,
the prosecutor may apply to the sheriff principal for the order referred to in subsection (2) below.
(2)For the purposes of subsection (1) above, the order is for authority for petition proceedings against some or all of the accused persons to be—
(a)taken at a sheriff court in another sheriffdom; and
(b)maintained—
(i)there; or
(ii)at any of the sheriff courts referred to in subsection (1) above as may at the first calling of the case be appointed for further proceedings.
(3)On an application under subsection (1) above, the sheriff principal may make the order sought with the consent of the sheriff principal of the other sheriffdom.
(4)An order under subsection (3) above may be made by reference to a particular period or particular circumstances.
(5)This section does not confer jurisdiction for any subsequent proceedings on indictment.]
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