Criminal Procedure (Scotland) Act 1995

[F1 [F2 Continuation of trial diet] S

Textual Amendments

F1 S. 83A and crossheading inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 5, 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F2 S. 83A crossheading substituted (28.8.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 81(7), 117(2); S.S.I. 2017/99, art. 5

[F3 83A Continuation of trial diet in the High Court S

(1) Where, in any case which is to be tried in the High Court, the trial diet does not commence on the day appointed for the holding of the diet, the indictment shall fall.

(2) However, where, in appointing a day for the holding of the trial diet, the Court has indicated that the diet is to be a floating diet, the diet and, if it is adjourned, the adjourned diet may, without having been commenced, be continued from sitting day to sitting day—

(a) by minute, in such form as may be prescribed by Act of Adjournal, signed by the Clerk of Justiciary; and

(b) up to such maximum number of sitting days after the day originally appointed for the trial diet as may be so prescribed.

(3) If such a trial diet or adjourned diet is not commenced by the end of the last sitting day to which it may be continued by virtue of subsection (2)(b) above, the indictment shall fall.

(4) For the purposes of this section, a trial diet or adjourned trial diet shall be taken to commence when it is called.

(5) In this section, “sitting day” means any day on which the court is sitting, but does not include any Saturday or Sunday or any day which is a court holiday.]]

Textual Amendments

F3 S. 83A and crossheading inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 5, 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

[F4 83B Continuation of trial diet in the sheriff court S

(1) In the sheriff court a trial diet and, if it is adjourned, the adjourned diet, may, without having been commenced, be continued from sitting day to sitting day—

(a) by minute, in such form as may be prescribed by act of adjournal, signed by the sheriff clerk,

(b) up to such maximum number of sitting days after the day originally appointed for the trial diet as may be so prescribed.

(2) The indictment falls if a trial diet, or adjourned diet, is not commenced by the end of the last sitting day to which it may be continued by virtue of subsection (1).

(3) For the purposes of this section, a trial diet or adjourned trial diet is to be taken to commence when it is called.

(4) In this section, “sitting day” means any day on which the court is sitting but does not include any Saturday or Sunday or any day which is a court holiday.]

Textual Amendments

F4 S. 83B inserted (28.8.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 81(6), 117(2); S.S.I. 2017/99, art. 5