Version Superseded: 01/10/2022
Point in time view as at 05/11/2021. This version of this provision has been superseded.
Criminal Procedure (Scotland) Act 1995, Section 145 is up to date with all changes known to be in force on or before 09 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)[F1Where the accused is present] at the first calling of a case in a summary prosecution the court may, in order to allow time for inquiry into the case or for any other cause which it considers reasonable, adjourn the case under this section, for such period as it considers appropriate, without calling on the accused to plead to any charge against him but remanding him in custody or on bail or ordaining him to appear at the diet thus fixed; and, subject to [F2subsections (2) and (3)][F2subsection (2)] below, the court may from time to time so adjourn the case.
(2)Where the accused is remanded in custody, the total period for which he is so remanded under this section shall not exceed 21 days and no one period of adjournment shall, except on special cause shown, exceed 7 days.
(3)[F3Where the accused is remanded on bail or ordained to appear, no one period of adjournment shall exceed 28 days.]
Textual Amendments
F1Words in s. 145(1) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 63(3), 89; S.S.I. 2003/288, art. 2, Sch.
F2Words in s. 145(1) substituted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 2 para. 1(2)(a) (with s. 9) (which affecting provision expires (1.10.2022) by virtue of 2020 asp 10, s. 9(1))
F3S. 145(3) repealed (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 2 para. 1(2)(b) (with s. 9) (which affecting provision expires (1.10.2022) by virtue of 2020 asp 10, s. 9(1))
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
