Act of Adjournal (Consolidation) 1988

Procedure

12.—(1) A notice to appear at a diet of the appropriate court served on an accused under section 102(1) shall—

(a) if an indictment has not already been served, be in the form set out in Form 6 of Schedule 1;

(b) if an indictment has already been served, be in the form set out in Form 7 of Schedule 1.

(2) In any case set down for trial in the High Court, any such diet under section 102(1) may be called before the High Court sitting in Edinburgh, whether or not the case has already been set down for trial at any sitting elsewhere and whether or not any notice has already been served on the accused under section 75.

(3) Notwithstanding the provisions of section 102(3), the court may postpone the trial diet under that section if, but only if—

(a) all the accused have given intimation in accordance with the provisions of section 102(1); and

(b) are present at the diet called under section 102(1); and

(c) a motion in that behalf is made to the court at that diet.

(4) If the court grants that motion, the order granting it shall—

(a) be endorsed on the record copy indictment;

(b) be authenticated by the presiding judge subscribing his signature;

(c) be entered in the record of proceedings;

(d) have effect for the purposes of section 69 as a warrant of citation issued under that section by the Clerk of Justiciary or sheriff clerk, as the case may be, for the date to which the trial diet has, by virtue of that order, been postponed.

(5) A copy of the order shall be sent by the clerk of court to the governor of any institution in which any accused is detained.

(6) Any requirement to call the diet in any case where such an order has been made shall have effect only in relation to the postponed trial diet.