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Criminal Procedure (Scotland) Act 1995
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Changes over time for: Section 145A
Version Superseded: 27/05/2020
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Point in time view as at 13/07/2016. This version of this provision has been superseded.
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Criminal Procedure (Scotland) Act 1995, Section 145A is up to date with all changes known to be in force on or before 19 November 2024. 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.
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[F1145AAdjournment at first calling to allow accused to appear etc.S
(1)Without prejudice to section [F2150] of this Act, where the accused is not present at the first calling of the case in a summary prosecution, the court may (whether or not the prosecutor is able to provide evidence that the accused has been duly cited) adjourn the case under this section for such period as it considers appropriate; and subject to subsections (2) and (3) below, the court may from time to time so adjourn the case.
(2)An adjournment under this section shall be—
(a)for the purposes of allowing—
(i)the accused to appear in answer to the complaint; or
(ii)time for inquiry into the case; or
(b)for any other cause the court considers reasonable.
(3)No one period of adjournment under this section shall exceed 28 days.
[F3(4)The clerk of court may perform the functions of the court under subsection (1) above without the court being properly constituted.]]
Textual Amendments
F1S. 145A inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 63(4), 89; S.S.I. 2003/288, art. 2, Sch.
F2Words in s. 145A(1) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 14(2), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S. I. 2007/527)
F3S. 145A(4) added (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 9(2), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S. I. 2007/527)
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