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Criminal Procedure (Scotland) Act 1975

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This is the original version (as it was originally enacted).

5Procedure in case of crime in different districts

(1)Where a person is alleged to have committed in more than one sheriff court district a crime or crimes to which subsection (2) of this section applies, he may be indicted to a court to be held in such one of such sheriff court districts as shall be determined by the Lord Advocate, whether that court is the High Court or the sheriff court.

(2)This subsection applies to—

(a)a crime committed partly in one sheriff court district and partly in another;

(b)crimes connected with each other but committed in different sheriff court districts ;

(c)crimes committed in different sheriff court districts in succession which, if they had been committed in one such district, could have been tried under one indictment.

(3)Where, in accordance with the provisions of this section, a case is tried in the sheriff court of any sheriff court district, the procurator fiscal of that district shall have power to prosecute in that case and the sheriff of that district shall have power to try the case and to pronounce sentence on conviction even if the crime in question has in whole or in part been committed in a different district.

(4)The sheriff and procurator fiscal referred to in subsection (3) of this section shall have the like powers in relation to the case in question, whether before, during or after the trial, as they respectively have in relation to a case arising out of a crime or crimes committed wholly within their own district.

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