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Criminal Justice (Scotland) Act 1995 (c. 20)

(The document as of February, 2008)

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Criminal Justice (Scotland) Act 1995 (c. 20)

1995 CHAPTER 20

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    The Course of Justice

    1. Bail

      1. 1. Bail conditions.

      2. 2. Breach of bail conditions.

      3. 3. No bail in homicide or rape proceedings after previous conviction of such offences.

      4. 4. Right of prosecutor to seek review of grant of bail.

      5. 5. Bail pending appeal.

    2. Juries

      1. 6. Lists of potential jurors.

      2. 7. Jury service.

      3. 8. Challenges to jurors.

    3. Pre-trial procedure

      1. 9. Execution of warrants granted by sheriff, etc.

      2. 10. Judicial examination.

      3. 11. Requirement to give notice of defence of automatism or coercion.

      4. 12. Agreement of evidence.

      5. 13. First and preliminary diets in solemn proceedings.

      6. 14. Intermediate diet in summary proceedings.

    4. Delay in trial

      1. 15. Calculation of specified period where accused detained outside Scotland.

    5. Evidence

      1. 16. Uncontroversial evidence.

      2. 17. Exceptions to the rule that hearsay evidence is inadmissible.

      3. 18. Admissibility of prior statements of witnesses.

      4. 19. Statements by accused.

      5. 20. Construction of sections 17, 18 and 19.

      6. 21. Evidence of biological material.

      7. 22. Routine evidence.

      8. 23. Proof of custody of productions.

      9. 24. Evidence of criminal record and character of accused.

      10. 25. Evidence as to controlled drugs and medicinal products.

      11. 26. Evidence as to time and place of video surveillance recordings.

      12. 27. Evidence in relation to fingerprints.

      13. 28. Evidence in relation to sexual offences.

      14. 29. Proof of previous convictions.

    6. The trial

      1. 30. Death, illness or absence of trial judge.

      2. 31. Removal of accused from court.

      3. 32. Comment by prosecutor on accused's failure to give evidence.

    7. Conviction and sentence

      1. 33

      2. 41. Amendment of records of conviction and sentence in summary proceedings.

    8. Appeals

      1. 42. Leave to appeal.

      2. 43. Reduction in quorum of High Court for appeals against sentence etc.

      3. 44. Trial judge's report.

      4. 45. Extension of certain time limits with respect to appeals.

      5. 46. New prosecution for same or similar offence.

    9. Mental disorder and criminal proceedings

      1. 47. Insanity in bar of trial.

      2. 48. Insanity as ground of acquittal in summary proceedings.

      3. 49. Examination of facts.

      4. 50. Disposal of case where accused found to be insane.

      5. 51. Appeal by accused in case involving insanity.

      6. 52. Appeal by prosecutor in case involving insanity.

      7. 53. Review of committal of mentally disordered accused to hospital.

      8. 54. Restriction orders to be without limit of time.

      9. 55. Committal to hospital for inquiry into mental condition.

    10. Miscellaneous

      1. 56. Criminal Courts Rules Council.

      2. 57. Information for financial and other purposes.

      3. 58. Prints, samples etc. in criminal investigations.

      4. 59. Calculation of period of detention at police station where person previously detained under another enactment etc.

      5. 60. Jurisdiction of district court in relation to statutory offences.

      6. 61. Conditional offer of fixed penalty by procurator fiscal.

      7. 62. Time limit for summary prosecution of statutory offences.

      8. 63. Abolition of private summary prosecutions.

      9. 64. Legal aid in case involving insanity in bar of trial.

      10. 65. Legal aid in criminal appeals.

      11. 66. Supervision and care of persons diverted from prosecution or subject to supervision requirement etc.

      12. 67. Transfer of fine orders.

      13. 68. Liability of bankrupt to pay fines

  2. Part II

    Proceeds of Crime and Property used in Crime

    1. Chapter I

      Confiscation of the Proceeds of Crime

      1. Confiscation orders

        1. 70. General provision.

        2. 71. Benefit from commission of offence.

        3. 72. Realisable property.

        4. 73. Gifts.

        5. 74. Making of confiscation orders.

        6. 75. Statements relevant to making confiscation orders.

        7. 76. Postponed confiscation orders.

        8. 77. Increase in benefit or realisable property.

        9. 78. Realisable property inadequate to meet payments under confiscation order.

        10. 79. Confiscation orders where proceeds of crime discovered at later date.

        11. 80. Application of provisions relating to fines to enforcement of confiscation orders.

        12. 81. Interest on sums unpaid under confiscation orders.

      2. Exercise of powers

        1. 82. Exercise of powers by court or administrator.

      3. Compensation

        1. 83. Compensation.

      4. Investigations and disclosure of information

        1. 84. Order to make material available.

        2. 85. Authority for search.

        3. 86. Disclosure of information held by government departments.

    2. Chapter II

      Forfeiture of Property used in Crime

      1. 87. Suspended forfeiture order.

      2. 88. Forfeiture: district court.

      3. 89. Warrant to search for and seize property.

      4. 90. Forfeiture of property subject to suspended forfeiture order.

      5. 91. Recall or variation of suspended forfeiture order.

      6. 92. Property wrongly forfeited: return or compensation.

      7. 93. Appeal against court decision under section 91(1) or 92(2).

    3. Chapter III

      Restraint Orders

      1. 94. Restraint orders.

      2. 95. Restraint orders in relation to realisable property.

      3. 96. Restraint orders in relation to forfeitable property.

      4. 97. Variation and recall of restraint orders.

      5. 98. Inhibition of property affected by restraint order or by interdict.

      6. 99. Arrestment of property affected by restraint order.

      7. 100. Administrators.

    4. Chapter IV

      Reciprocal Arrangements for Enforcement of Orders

      1. 101. Recognition and enforcement of orders made in England and Wales.

      2. 102. Provisions supplementary to section 101.

      3. 103. Inhibition of Scottish property affected by order registered under section 101.

      4. 104. Arrestment of Scottish property affected by order registered under section 101.

      5. 105. Enforcement of Northern Ireland orders.

      6. 106. Enforcement of orders made outside United Kingdom.

      7. 107. Registration of external confiscation orders.

      8. 108. Enforcement of Scottish orders in England and Wales.

      9. 109. Order in Council as regards taking of action in designated country.

    5. Chapter V

      Miscellaneous and General

      1. 110. Sequestration etc. of person holding realisable or forfeitable property.

      2. 111. Disposal of family home under Chapter I or II.

      3. 112. Forfeiture of property where accused has died.

      4. 113. Transitional provision, amendment of 1987 Act, etc.

      5. 114. Interpretation of Part II.

  3. Part III

    Supplementary

    1. 115. Interpretation.

    2. 116. Expenses.

    3. 117. Minor and consequential amendments and repeals.

    4. 118. Short title, commencement and extent.

    1. Schedule 1

      Certificates as to Proof of Certain Matters.

    2. Schedule 2

      Supervision and Treatment Orders: Schedule to be inserted in the 1975 Act.

      1. Part I

        Preliminary.

      2. Part II

        Making and Effect of Orders.

      3. Part III

        Revocation and Amendment of Orders.

    3. Schedule 3

      Administrators.

    4. Schedule 4

      Sequestration etc. of Persons Holding Realisable or Forfeitable Property.

    5. Schedule 5

      Amendments to the Criminal Justice (Scotland) Act 1987 Relating to Part II.

    6. Schedule 6

      Minor and Consequential Amendments.

      1. Part I

        Amendments Relating to Part I.

      2. Part II

        Amendments Relating to Part II.

    7. Schedule 7

      Repeals.

      1. Part I

        Repeals Relating to Part I.

      2. Part II

        Repeals Relating to Part II.

An Act to amend the criminal justice system of Scotland as respects criminal proceedings, the investigation of offences, the sentences and other disposals applicable in respect of certain offences, legal aid in relation to certain appeals, and the treatment of offenders; to amend the law of Scotland in relation to confiscation of the proceeds of, and forfeiture of property used in, crime; to make further provision as respects Scotland in relation to the preparation of jury lists for the purposes of criminal and civil trials; and for connected purposes.

[19th July 1995]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



PART I The Course of Justice

Bail

1 Bail conditions

For subsection (2) of section 1 of the [1980 c. 4.] Bail etc. (Scotland) Act 1980 (release on bail subject to conditions) there shall be substituted the following subsections--

" (2) In granting bail the court or, as the case may be, the Lord Advocate shall impose on the accused--

(a) the standard conditions; and

(b) such further conditions as the court or, as the case may be, the Lord Advocate considers necessary to secure--

(i) that the standard conditions are observed; and

(ii) that the accused makes himself available for the purpose of participating in an identification parade or of enabling any print, impression or sample to be taken from him.

(2A) The standard conditions referred to in subsection (2) above are conditions that the accused--

(a) appears at the appointed time at every diet relating to the offence with which he is charged of which he is given due notice;

(b) does not commit an offence while on bail;

(c) does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person; and

(d) makes himself available for the purpose of enabling enquiries or a report to be made to assist the court in dealing with him for the offence with which he is charged. " .

2 Breach of bail conditions

(1) Section 3 of the [1980 c. 4.] Bail etc. (Scotland) Act 1980 (breach of bail conditions) shall be amended as follows.

(2) In subsection (1), after the word "shall" there shall be inserted ", subject to subsection (2A) below,".

(3) In subsection (2)(a), for the words "ВЈ200" there shall be substituted "level 3 on the standard scale".

(4) After subsection (2) there shall be inserted the following subsections--

" (2A) Where, and to the extent that, the failure referred to in subsection (1)(b) above consists in the accused having committed an offence while on bail (in this section referred to as "the subsequent offence"), he shall not be guilty of an offence under that subsection but, subject to subsection (2B) below, the court which sentences him for the subsequent offence shall, in determining the appropriate sentence or disposal for that offence, have regard to--

(a) the fact that the offence was committed by him while on bail and the number of bail orders to which he was subject when the offence was committed;

(b) any previous conviction of the accused of an offence under subsection (1)(b) above; and

(c) the extent to which the sentence or disposal in respect of any previous conviction of the accused differed, by virtue of this subsection, from that which the court would have imposed but for this subsection.

(2B) The court shall not, under subsection (2A) above, have regard to the fact that the subsequent offence was committed while the accused was on bail unless that fact is libelled in the indictment or, as the case may be, specified in the complaint.

(2C) Where the maximum penalty in respect of the subsequent offence is specified by or by virtue of any enactment, that maximum penalty shall, for the purposes of the court's determination, by virtue of subsection (2A) above, of the appropriate sentence or disposal in respect of that offence, be increased--

(a) where it is a fine, by the amount for the time being equivalent to level 3 on the standard scale; and

(b) where it is a period of imprisonment--

(i) as respects a conviction in the High Court or the sheriff court, by 6 months; and

(ii) as respects a conviction in the district court, by 60 days,

notwithstanding that the maximum penalty as so increased exceeds the penalty which it would otherwise be competent for the court to impose.

(2D) Where the sentence or disposal in respect of the subsequent offence is, by virtue of subsection (2A) above, different from that which the court would have imposed but for that subsection, the court shall state the extent of and the reasons for that difference. " .

3 No bail in homicide or rape proceedings after previous conviction of such offences

After section 28 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (in this Act referred to as "the 1975 Act") there shall be inserted the following section--

" 28A No bail for persons charged with or convicted of homicide or rape after previous conviction of such offences

(1) Notwithstanding sections 26 to 33 and 238 of this Act, a person who in any proceedings has been charged with or convicted of--

(a) attempted murder;

(b) culpable homicide;

(c) rape; or

(d) attempted rape,

in circumstances where this section applies shall not be granted bail in those proceedings.

(2) This section applies where--

(a) the person has previously been convicted by or before a court in any part of the United Kingdom of any offence specified in subsection (1) above or of murder or manslaughter; and

(b) in the case of a previous conviction of culpable homicide or of manslaughter--

(i) he was sentenced to imprisonment or, if he was then a child or young person, to detention under any of the relevant enactments;

(ii) a hospital order was imposed in respect of him;

(iii) an order having the same effect as a hospital order was made in respect of him under section 174ZC(2)(a) of this Act; or

(iv) an order having equivalent effect to an order referred to in sub-paragraph (ii) or (iii) above has been made in respect of him by a court in England and Wales.

(3) This section applies whether or not an appeal is pending against conviction or sentence or both.

(4) In this section--

  • "conviction" includes--

(a) a finding that a person is not guilty by reason of insanity;

(b) a finding under section 174ZA(2) of this Act;

(c) a finding under section 4A(3) of the [1964 c. 84.] Criminal Procedure (Insanity) Act 1964 (cases of unfitness to plead) that a person did the act or made the omission charged against him; and

(d) a conviction of an offence for which an order is made placing the offender on probation or discharging him absolutely or conditionally;

and "convicted" shall be construed accordingly; and

  • "the relevant enactments" means--

(a) as respects Scotland, sections 205 and 206 of this Act;

(b) as respects England and Wales, section 53(2) of the [1933 c. 12.] Children and Young Persons Act 1933; and

(c) as respects Northern Ireland, section 73(2) of the [1968 c. 34 (N.I.)] Children and Young Persons Act (Northern Ireland) 1968. " .

4 Right of prosecutor to seek review of grant of bail

After each of sections 30 and 299 of the 1975 Act there shall be inserted the following section as, respectively, section 30A and section 299A--

" В  Application by prosecutor for review of court's decision to grant bail

(1) On an application by the prosecutor at any time after a court has granted bail to a person the court may, where the prosecutor puts before the court material information which was not available to it when it granted bail to that person, review its decision.

(2) On receipt of an application under subsection (1) above the court shall--

(a) intimate the application to the person granted bail;

(b) fix a diet for hearing the application and cite that person to attend the diet; and

(c) where it considers that the interests of justice so require, grant warrant to arrest that person.

(3) On hearing an application under subsection (1) above the court may--

(a) withdraw the grant of bail and remand the person in question in custody; or

(b) grant bail, or continue the grant of bail, either on the same or on different conditions.

(4) Nothing in the foregoing provisions of this section shall affect any right of appeal against the decision of a court in relation to bail. " .

5 Bail pending appeal

(1) Section 238 of the 1975 Act (admission of appellant to bail) shall be amended as follows.

(2) In subsection (1), at the beginning there shall be inserted "Subject to subsection (1A) below,".

(3) After subsection (1) there shall be inserted the following subsection--

" (1A) The High Court shall not admit a convicted person to bail under subsection (1) above unless--

(a) where he is the appellant and has not lodged a note of appeal in accordance with section 233(1)(a) of this Act, the application for bail states reasons why it should be granted and sets out the proposed grounds of appeal; or

(b) where the Lord Advocate is the appellant, the application for bail states reasons why it should be granted;

and, in either case, the High Court considers there to be exceptional circumstances justifying admitting the convicted person to bail. " .



Juries

6 Lists of potential jurors

In section 3 of the [1825 c. 22.] Jurors (Scotland) Act 1825 (sheriff principal to maintain lists of potential jurors)--

(a) the existing provision shall become subsection (1);

(b) in that subsection, for the word "designations" there shall be substituted "addresses"; and

(c) after that subsection there shall be inserted the following subsections--

" (2) For the purpose of maintaining lists of potential jurors under subsection (1) above, a sheriff principal may require any person in the sheriff court district in question who appears to him to be qualified and liable to serve as a juror to provide such information, and in such form, as the Secretary of State may by order prescribe.

(3) A statutory instrument containing an order by virtue of subsection (2) above shall be subject to annulment pursuant to a resolution of either House of Parliament.

(4) Any person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5) In proceedings against a person for an offence under subsection (4) above it is a defence to prove that he had reasonable excuse for the failure. " .

7 Jury service

(1) After subsection (5) of section 1 of the [1980 c. 55.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons excused from jury service for good reason) there shall be inserted the following subsection--

" (5A) Where the clerk of court has, under subsection (5) above, excused a person from jury service in any criminal proceedings he shall, unless he considers there to be exceptional circumstances which make it inappropriate to do so, within one year of the date of that excusal cite that person to attend for jury service in criminal proceedings. " .

(2) In Schedule 1 to that Act (ineligibility for and disqualification and excusal from jury service)--

(a) in Part II (persons disqualified from jury service), at the end of paragraph (b) there shall be inserted--

" (c) in respect of jury service in any criminal proceedings, persons who are on bail in or in connection with criminal proceedings in any part of the United Kingdom. " ; and

(b) in Part III (persons excusable as of right), at the end of Group D there shall be inserted--



" Group DD
Members of certain religious bodies

In respect of jury service in any criminal proceedings, practising members of religious societies or orders the tenets or beliefs of which are incompatible with jury service. " .

8 Challenges to jurors

In section 130 of the 1975 Act (challenges and objections to jurors)--

(a) subsections (1) to (3) shall cease to have effect; and

(b) after subsection (3) there shall be inserted--

" (3A) Where, before a juror is sworn to serve, the parties jointly apply for him to be excused the court shall, notwithstanding that no reason is given in the application, excuse that juror from service. " .



Pre-trial procedure

9 Execution of warrants granted by sheriff, etc

For each of sections 15 and 327 of the 1975 Act (certain warrants granted by sheriff may be executed throughout Scotland), there shall be substituted the following section--

" В  Warrants granted by justice may be executed throughout Scotland

Any warrant granted by a justice may, without being backed or endorsed by any other justice, be executed throughout Scotland in the same way as it may be executed within the jurisdiction of the justice who granted it. " .

10 Judicial examination

(1) Section 20A of the 1975 Act (examination of accused by prosecutor before sheriff) shall be amended as follows.

(2) In subsection (1)--

(a) after the words "eliciting any" there shall be inserted "admission,"; and

(b) in paragraph (i) of the proviso to paragraph (a), for the words from "category" to the end there shall be substituted "defence".

(3) After subsection (3) there shall be inserted the following subsection--

" (3A) The accused shall be told by the sheriff that if he answers any question put to him at the examination under this section in such a way as to disclose an ostensible defence, the prosecutor shall be under the duty imposed by subsection (7) below. " .

(4) After subsection (6) there shall be inserted the following subsections--

" (7) Without prejudice to any rule of law, on the conclusion of an examination under this section the prosecutor shall secure the investigation, to such extent as is reasonably practicable, of any ostensible defence disclosed in the course of the examination.

(8) The duty imposed by subsection (7) above shall not apply as respects any ostensible defence which is not reasonably capable of being investigated. " .

11 Requirement to give notice of defence of automatism or coercion

After subsection (1) of section 82 of the 1975 Act (requirement to give notice of plea of special defence, etc.) there shall be inserted the following subsection--

" (1A) Subsection (1) above shall apply to a defence of automatism or coercion as if it were a special defence. " .

12 Agreement of evidence

(1) After section 84 of the 1975 Act there shall be inserted the following section--

" 84A Agreement of evidence

(1) Subject to subsection (2) below, the prosecutor and the accused (or each accused if more than one) shall each identify any facts which are facts--

(a) which he would, apart from this section, be seeking to prove;

(b) which he considers unlikely to be disputed by the other party (or by any of the other parties); and

(c) in proof of which he does not wish to lead oral evidence,

and shall (without prejudice to section 16 of the Criminal Justice (Scotland) Act 1995 (procedure for proving uncontroversial evidence)) take all reasonable steps to secure the agreement of the other party (or each of the other parties) to them; and the other party (or each of the other parties) shall take all reasonable steps to reach such agreement.

(2) Subsection (1) above shall not apply in relation to proceedings as respects which the accused (or any of the accused if more than one) is not legally represented.

(3) The duty under subsection (1) above applies from the date of service of the indictment until the swearing of the jury or, where intimation is given under section 102 of this Act, the date of that intimation. " .

(2) After section 333A of that Act there shall be inserted the following section--

" 333B Agreement of evidence

(1) Subject to subsection (2) below, the prosecutor and the accused (or each accused if more than one) shall each identify any facts which are facts--

(a) which he would, apart from this section, be seeking to prove;

(b) which he considers unlikely to be disputed by the other party (or by any of the other parties); and

(c) in proof of which he does not wish to lead oral evidence,

and shall (without prejudice to section 16 of the Criminal Justice (Scotland) Act 1995 (procedure for proving uncontroversial evidence)) take all reasonable steps to secure the agreement of the other party (or each of the other parties) to them; and the other party (or each of the other parties) shall take all reasonable steps to reach such agreement.

(2) Subsection (1) above shall not apply in relation to proceedings as respects which the accused (or any of the accused if more than one) is not legally represented.

(3) The duty under subsection (1) above applies from the date on which the accused pleads not guilty until the swearing of the first witness or, where the accused tenders a plea of guilty at any time before the first witness is sworn, the date when he does so. " .

13 First and preliminary diets in solemn proceedings

(1) In section 75 of the 1975 Act (notice of trial diet), after the word "at" there shall be inserted--

" (a) where the case is to be tried in the sheriff court, a first diet not less than 15 clear days after the service of the indictment and not less than 10 clear days before the trial diet; and

(b) " .

(2) After section 75 of that Act there shall be inserted the following section--

" 75A First diet

(1) At a first diet the court shall, so far as is reasonably practicable, ascertain whether the case is likely to proceed to trial on the date assigned as the trial diet and, in particular--

(a) the state of preparation of the prosecutor and of the accused with respect to their cases; and

(b) the extent to which the prosecutor and the accused have complied with the duty under section 84A(1) of this Act.

(2) In addition to the matters mentioned in subsection (1) above the court shall, at a first diet, consider any matter mentioned in subsection (3) below of which a party has, not less than two clear days before the first diet, given notice to the court and to the other parties.

(3) The matters referred to in subsection (2) above are--

(a) that the party intends to raise a matter relating to the competency or relevancy of the indictment or to raise an objection such as is mentioned in section 108(1) of this Act;

(b) that he intends to submit a plea in bar of trial or to apply for separation or conjunction of charges or trials or to raise a preliminary objection under section 67 of this Act or to make an application under section 151(2) of this Act;

(c) that there are documents the truth of the contents of which ought in his view to be admitted, or that there is any other matter which in his view ought to be agreed; and

(d) that there is some other matter which could in his opinion be resolved with advantage before the trial.

(4) At a first diet the court may ask the prosecutor and the accused any question in connection with any matter which it is required to ascertain or consider under subsection (1) or (2) above.

(5) The accused shall attend a first diet of which he has been given notice and the court may, if he fails to do so, grant a warrant to apprehend him.

(6) A first diet may proceed notwithstanding the absence of the accused.

(7) The accused shall, at the first diet, be required to state how he pleads to the indictment, and section 103 of this Act shall apply where he tenders a plea of guilty.

(8) Where at a first diet the court concludes that the case is unlikely to proceed to trial on the date assigned for the trial diet, the court--

(a) shall, unless having regard to previous proceedings in the case it considers it inappropriate to do so, postpone the trial diet; and

(b) may fix a further first diet.

(9) Subject to subsection (8) above, the court may, if it considers it appropriate to do so, adjourn a first diet.

(10) In this section "the court" means the sheriff court. " .

(3) In section 76 of that Act (preliminary diet)--

(a) in subsection (1)--

(i) after the words "where a party" there shall be inserted "to a case which is to be tried in the High Court"; and

(ii) for the words "court before which the trial is to take place" there shall be substituted "High Court"; and

(b) after subsection (6) there shall be inserted the following subsections--

" (6A) At a preliminary diet the court shall, in addition to disposing of any matter specified in a notice given under subsection (1) above or referred to in subsection (3) above, ascertain, so far as is reasonably practicable, whether the case is likely to proceed to trial on the date assigned as the trial diet and, in particular--

(a) the state of preparation of the prosecutor and of the accused with respect to their cases; and

(b) the extent to which the prosecutor and the accused have complied with the duty under section 84A(1) of this Act.

(6B) At a preliminary diet the court may ask the prosecutor and the accused any question in connection with any matter specified in a notice under subsection (1) above or referred to in subsection (3) above or which it is required to ascertain under subsection (6A) above.

(6C) Where at a preliminary diet the court concludes that the case is unlikely to proceed to trial on the date assigned for the trial diet, the court--

(a) shall, unless having regard to previous proceedings in the case it considers it inappropriate to do so, postpone the trial diet; and

(b) may fix a further preliminary diet.

(6D) Subject to subsection (6C) above, the court may, if it considers it appropriate to do so, adjourn a preliminary diet. " .

(4) In section 76A(1) of that Act (appeal in connection with preliminary diet), for the words "preliminary diet" there shall be substituted "first diet or a preliminary diet, other than a decision to adjourn the diet or to postpone the trial diet".

14 Intermediate diet in summary proceedings

(1) Section 337A of the 1975 Act (intermediate diet) shall be amended as follows.

(2) In subsection (1)--

(a) after the word "ascertaining" there shall be inserted ", so far as is reasonably practicable, whether the case is likely to proceed to trial on the date assigned as the trial diet and, in particular";

(b) the word "and" immediately following paragraph (a) shall cease to have effect; and

(c) after paragraph (b) there shall be inserted-- " ; and

(c) the extent to which the prosecutor and the accused have complied with the duty under section 333B(1) of this Act. " .

(3) After subsection (1) there shall be inserted the following subsections--

" (1A) Where at an intermediate diet the court concludes that the case is unlikely to proceed to trial on the date assigned for the trial diet, the court--

(a) shall, unless having regard to previous proceedings in the case it considers it inappropriate to do so, postpone the trial diet; and

(b) may fix a further intermediate diet.

(1B) Subject to subsection (1A) above, the court may, if it considers it appropriate to do so, adjourn an intermediate diet. " .

(4) At the end of subsection (3) there shall be inserted-- " unless--

(a) he is legally represented; and

(b) the court considers that there are exceptional circumstances justifying him not attending.

(4) The foregoing provisions of this section shall have effect as respects any court prescribed by the Secretary of State by order, in relation to proceedings commenced after such date as may be so prescribed, with the following modifications--

(a) in subsection (1), for the word "may" there shall be substituted "shall, subject to subsection (1C) below,"; and

(b) after subsection (1B) there shall be inserted the following subsections--

" (1C) If, on a joint application by the prosecutor and the accused made at any time before the commencement of the intermediate diet, the court considers it inappropriate to have such a diet, the duty under subsection (1) above shall not apply and the court shall discharge any such diet already fixed.

(1D) The court may consider an application under subsection (1C) above without hearing the parties. " .

(5) An order under subsection (5) above shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. " .



Delay in trial

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15 Calculation of specified period where accused detained outside Scotland

In section 101 of the 1975 Act (prevention of delay in trials), after subsection (1) there shall be inserted the following subsection--

" (1A) In calculating the period of 12 months specified in subsection (1) above there shall be left out of account any period during which the accused is detained, other than while serving a sentence of imprisonment or detention, in any other part of the United Kingdom or in any of the Channel Islands or the Isle of Man in any prison or other institution or place mentioned in subsection (1) or (1A) of section 29 of the [1961 c. 39.] Criminal Justice Act 1961 (transfer of prisoners for certain judicial purposes). " .

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