Criminal Procedure (Intermediate Diets) (Scotland) Act 1998

1 Discretion to hold intermediate diets

(1) In section 148 of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995 (intermediate diets) (which consolidated section 337A of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975)—

(a) in subsection (1)—

(i) for the words from the beginning to the word “trial”, where it first appears, there shall be substituted the words “The court may, when adjourning a case for trial in terms of section 146(3) of this Act, and may also, at any time thereafter, whether before, on or after any date assigned as a trial diet”; and

(ii) for the words “the date assigned as the trial diet” there shall be substituted the words “any date assigned as a trial diet”

(b) in subsection (7)(a), after the word ““may””, there shall be inserted the words “where it first appears,”.

(2) The amendments made by subsection (1) above shall be deemed always to have had effect.

(3) Subsection (1) of the said section 337A shall be deemed always to have had effect as if enacted as follows—

“(1) The court may, when adjourning a case for trial in terms of section 337(b) of this Act, and may also, at any time thereafter, whether before, on or after any date assigned as a trial diet, fix a diet (to be known as an intermediate diet) for the purpose of ascertaining—

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

(b) whether the accused intends to adhere to the plea of not guilty.”