Criminal Procedure (Scotland) Act 1995

74 Appeals in connection with preliminary diets. S

(1) Without prejudice to—

(a) any right of appeal under section 106 or 108 of this Act; and

(b) section 131 of this Act,

and subject to subsection (2) below, a party may with the leave of the court of first instance (granted either on the motion of the party or ex proprio motu) in accordance with such procedure as may be prescribed by Act of Adjournal, appeal to the High Court against a decision at a first diet or a preliminary [F1 hearing] .

(2) An appeal under subsection (1) above—

(a) may not be taken against a decision to adjourn the first [F2 diet] or, as the case may be, preliminary [F3 hearing] or to [F4 accelerate or] postpone the trial diet;

[F5 (aa) may not be taken against a decision taken by virtue of—

(i) in the case of a first diet, section 71(1A),

(ii) in the case of a preliminary [F6 hearing, section 72(6)(e) ] ,

of this Act;]

[F7 (ab) may not be taken against a decision at a preliminary hearing, in appointing a trial diet, to appoint or not to appoint it as a floating diet for the purposes of section 83A(2) of this Act;]

(b) must be taken not later than 2 days after the decision.

(3) Where an appeal is taken under subsection (1) above, the High Court may postpone [F8 any trial diet that has been appointed] for such period as appears to it to be appropriate and may, if it thinks fit, direct that such period (or some part of it) shall not count towards any time limit applying in respect of the case.

[F9 (3A) Where an appeal is taken under subsection (1) above against a decision at a preliminary hearing, the High Court may adjourn, or further adjourn, the preliminary hearing for such period as appears to it to be appropriate and may, if it thinks fit, direct that such period (or some part of it) shall not count towards any time limit applying in respect of the case.]

(4) In disposing of an appeal under subsection (1) above the High Court—

(a) may affirm the decision of the court of first instance or may remit the case to it with such directions in the matter as it thinks fit; F10 . . .

(b) where the court of first instance has dismissed the indictment or any part of it, may reverse that decision and direct that the court of first instance fix

[F11 (i) where the indictment is in respect of the High Court, a further preliminary hearing; or

(ii) where the indictment is in respect of the sheriff court,]

a trial diet, if it has not already fixed one as regards so much of the indictment as it has not dismissed.

[F12 (c) may on cause shown extend the period mentioned in section 65(1) of this Act.]

Textual Amendments

F1 Word in s. 74(1) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 3(2), 27(1); S.S.I. 2004/405, art. 2, Sch. 1

F2 Word in s. 74(2)(a) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 3(3)(a)(i), 27(1); S.S.I. 2004/405, art. 2, Sch. 1

F3 Word in s. 74(2)(a) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 3(3)(a)(ii), 27(1); S.S.I. 2004/405, art. 2, Sch. 1

F4 Words in s. 74(2)(a) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 22; S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F5 S. 74(2)(aa) inserted (1.4.2005 and 1.4.2006 for certain purposes and otherwise 1.4.2008) by Vulnerable Witnesses (Scotland) Act 2004 (asp 3), ss. 2(4), 25; S.S.I. 2005/168, art. 2, Sch. (with art. 4); S.S.I. 2006/59, art. 2, Sch. (with art 4(1)); S.S.I. 2008/57, art. 2 (with art. 3)

F6 Words s. 74(2)(aa)(ii) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 3(3)(a), 27(1); S.S.I. 2004/405, art. 2, Sch. 1

F7 S. 74(2)(ab) inserted (1.2.2005) after (aa) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 3(3)(c), 27(1); S.S.I. 2004/405, art. 2, Sch. 1

F8 Words in s. 74(3) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 3(4), 27(1); S.S.I. 2004/405, art. 2, Sch. 1

F9 S. 74(3A) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 3(5), 27(1); S.S.I. 2004/405, art. 2, Sch. 1

F10 Word in s. 74(4) repealed (1.8.1997) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 21(10)(a), Sch. 3; S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F11 Words in s. 74(4)(b) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 3(6), 27(1); S.S.I. 2004/405, art. 2, Sch. 1

F12 S. 74(4)(c) inserted (1.8.1997) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 21(10)(b); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)