Search Legislation

Criminal Justice (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

80Duty of parties to communicate

This section has no associated Explanatory Notes

(1)The 1995 Act is amended as follows.

(2)In section 71 (first diet), after subsection (1) there is inserted—

(1ZA)If a written record has been lodged in accordance with section 71C, the court must have regard to the written record when ascertaining the state of preparation of the parties..

(3)Before section 72 there is inserted—

71CWritten record of state of preparation: sheriff court

(1)Subsection (2) applies where—

(a)the accused is indicted to the sheriff court, and

(b)a solicitor—

(i)has notified the court under section 72F(1) that the solicitor has been engaged by the accused for the purposes of conducting the accused’s defence, and

(ii)has not subsequently been dismissed by the accused or withdrawn.

(2)The prosecutor and the accused’s legal representative must, within the period described in subsection (3), communicate with each other and jointly prepare a written record of their state of preparation with respect to their cases (referred to in this section as “the written record”).

(3)The period referred to in subsection (2) begins on the day the accused is served with an indictment and expires at the end of the day falling 14 days later.

(4)The written record must—

(a)be in such form, or as nearly as may be in such form,

(b)contain such information, and

(c)be lodged in such manner,

as may be prescribed by act of adjournal.

(5)The written record must state the manner in which the communication required by subsection (2) was conducted (for example, by telephone, email or a meeting in person).

(6)In subsection (2), “the accused’s legal representative” means—

(a)the solicitor referred to in subsection (1), or

(b)where the solicitor has instructed counsel for the purposes of the conduct of the accused’s case, either the solicitor or that counsel, or both of them.

(7)In subsection (6)(b), “counsel” includes a solicitor who has a right of audience in the High Court of Justiciary under section 25A of the Solicitors (Scotland) Act 1980..

(4)In section 75 (computation of certain periods), after the words “67(3),” there is inserted “71C(3)”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources