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Criminal Procedure (Scotland) Act 1975

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This is the original version (as it was originally enacted).

122Review at second diet in High Court

(1)Where a person accused is cited to the High Court for the second diet, that court shall have power to review the proceedings at the first diet and the following provisions of this section shall apply.

(2)Where the accused has pleaded guilty to the whole or any part of the charge at the first diet, the High Court may at such second diet, if it shall be shown that such plea was taken—

(a)to an incompetent or irrelevant charge, or

(b)under substantial error or misconception, or

(c)under circumstances which tended to prejudice the accused,

allow such plea to be withdrawn or modified.

(3)Where such plea is so withdrawn or modified, the court shall on the motion of the prosecutor desert the diet pro loco et tempore, or postpone the trial to a later date, which shall be notified to the accused in open court.

(4)Where such postponement makes it necessary that the jury for the trial of the case shall be taken from a different list from that of which notice was given to the accused, such list shall be prepared, signed, and kept in the office of the appropriate sheriff clerk within three clear days of such postponement in the manner provided in section 96 of this Act.

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