Sexual Offences (Procedure and Evidence) (Scotland) Act 2002

Procedure on indictment in sheriff court

5 In section 71 (first diet of proceedings on indictment in sheriff court)—

(a) at the beginning there is inserted—

“(A1) At a first diet, the court shall, where the accused is charged with a sexual offence to which section 288C of this Act applies, ascertain whether he has engaged a solicitor for the purposes of his defence at the trial.”;

(b) after subsection (5) there is inserted—

“(5A) Where, however—

(a) the accused is charged with a sexual offence to which section 288C of this Act applies; and

(b) the court has not ascertained (whether at that diet or earlier) that he has engaged a solicitor for the purposes of his defence at the trial,

a first diet may not proceed in his absence; and, in such a case, the court shall adjourn the diet and ordain the accused then to attend.”; and

(c) after subsection (8) there is inserted—

“(8A) Where the court adjourns a first diet under subsection (8) above by reason only that, following inquiries for the purposes of subsection (A1) above, it appears to the court that the accused has not engaged a solicitor for the purposes of his defence at his trial, that adjournment shall be for a period of not more than 48 hours and the accused shall be ordained to then attend.”.