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Criminal Procedure (Scotland) Act 1975

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This is the original version (as it was originally enacted).

105High Court case

(1)At the first diet, where the case is one in which the second diet is to be in the High Court, the sheriff shall hear any objection of a preliminary nature, whether to the citation or relevancy or otherwise.

(2)If—

(a)the sheriff shall be of opinion, upon any objection made to—

(i)any discrepancy between the record copy of the indictment and the service copy, or

(ii)any error or deficiency in such service copy, or in the notice of citation,

that such discrepancy, error or deficiency could not mislead or prejudice the accused, or

(b)he shall be of opinion that any other preliminary objection made is frivolous, or

(c)no preliminary objection be made,

the sheriff shall call upon the accused to plead guilty or not guilty, and shall endorse upon the record copy of the indictment a certificate of the plea tendered in the form set out in Schedule 1 to the Criminal Procedure (Scotland) Act 1887 or in an Act of Adjournal under this Act or as nearly as may be in such form.

(3)Where the accused pleads guilty to the indictment or any part thereof, he shall be required to sign the same if he is able to write ; and in every case the sheriff shall append his signature to the plea recorded.

(4)Where the sheriff shall hold such a discrepancy, error or deficiency as aforesaid to be one which tends substantially to mislead and prejudice the accused, or where any other preliminary objection shall be held by him not to be frivolous, he shall endorse upon the record copy of the indictment a certificate in the form set out in Schedule K to the said Act of 1887 or in an Act of Adjournal under this Act or as nearly as may be in such form, and the sheriff clerk shall record any certificate so written on such record copy in the books of court or in a record to be kept for the purpose, and shall forthwith transmit the record copy of the indictment to the Clerk of Justiciary.

(5)Nothing contained in this section shall require a plea tendered by or on behalf of a company to be signed.

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