Criminal Procedure (Scotland) Act 1975

[F1 76 Preliminary diet. S

(1) Subject to section 20B(2) of this Act and to subsections (4) and (5) below, where a party [F2 to a case which is to be tried in the High Court]within the appropriate period gives written notice to the [F3 High Court] and to the other parties—

(a) that he intends to raise a matter relating to the competency or relevancy of the indictment or to raise an objection such as is mentioned in section 108(1) of this Act, the court shall order that there be a diet before the trial diet;

(b) that he intends to submit a plea in bar of trial or to apply for separation or conjunction of charges or trials [F4 or to raise a preliminary objection under section 67 of this Act] or to make an application under section 151(2) of this Act, the court may make such order as is mentioned in paragraph (a) above;

[F5 (bb) that there are documents the truth of the contents of which ought in his view to be admitted, or that there is any other matter which in his view ought to be agreed, the court may make such order as is mentioned in paragraph (a) above;]

(c) that there is some point, as regards any matter not mentioned in paragraph (a) [F6 , (b) or (bb)] above, which could in his opinion be resolved with advantage before the trial and that he therefore applies for a diet to be held before the trial diet, the court may make such order as is mentioned in paragraph (a) above.

A party giving notice under this subsection shall specify in the notice the matter (or, as the case may be, the grounds of submission or the point) to which the notice relates.

(2) A diet ordered under subsection (1) above is in this Act referred to as a “preliminary diet”.

(3) The fact that a preliminary diet has been ordered on a particular notice under subsection (1) above shall not preclude the court’s consideration at that diet of any other such notice as is mentioned in that subsection, which has been intimated to the court and to the other parties at least 24 hours before that diet.

(4) Subject to subsection (5) below, the cou.rt may on ordering a preliminary diet postpone the trial diet for a period not exceeding 21 days; and any such postponement (including postponement for a period which by virtue of the said subsection (5) exceeds 21 days) shall not count towards any time limit applying in respect of the case.

(5) Any period mentioned in subsection (4) above may be extended by the High Court in respect of the case.

(6) Where a preliminary diet is ordered the accused (or all the accused as the case may be) shall attend it; and he (or they as the case may be) shall be required at the conclusion thereof to state how he pleads (or they plead) to the indictment:

Provided that if the court so permits the diet may proceed notwithstanding the absence of an accused.

[F7 (6A) At a preliminary diet the court shall, in addition to disposing of any matter specified in a notice given under subsection (1) above or referred to in subsection (3) above, ascertain, so far as is reasonably practicable, whether the case is likely to proceed to trial on the date assigned as the trial diet and, in particular—

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

(b) the extent to which the prosecutor and the accused have complied with the duty under section 84A(1) of this Act.

(6B) At a preliminary diet the court may ask the prosecutor and the accused any question in connection with any matter specified in a notice under subsection (1) above or referred to in subsection (3) above or which it is required to ascertain under subsection (6A) above.

(6C) Where at a preliminary diet the court concludes that the case is unlikely to proceed to trial on the date assigned for the trial diet, the court—

(a) shall, unless having regard to previous proceedings in the case it considers it inappropriate to do so, postpone the trial diet; and

(b) may fix a further preliminary diet.

(6D) Subject to subsection (6C) above, the court may, if it considers it appropriate to do so, adjourn a preliminary diet.]

(7) In subsection (1) above, “appropriate period” means as regards notice—

(a) under paragraph (a) of that subsection, the period of 15 clear days after service of the indictment;

(b) under paragraph (b) of that subsection, the period from service of the indictment to 10 clear days before the trial diet; and

(c) under paragraph [F8 (bb) or](c) of that subsection, the period from service of the indictment to the trial diet.]

Annotations:

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Amendments (Textual)

F1 Ss. 76, 76A substituted for s. 76 by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 4 para. 5, Sch. 6 para. 1

F2 Words in S. 76(1) inserted (31.3.1996 subject to transitional provisions in the commencing S.I.) by 1995 c. 20, s. 13(3)(a)(i); S.I 1996/517, art. 3(2), 4-6, Sch. 2

F3 Words in S. 76(1) substituted (31.3.1996 subject to transitional provisions in the commencing S.I.) by 1995 c. 20, s. 13(3)(a)(ii); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F4 Words in s. 76(1)(b) inserted (18.9.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 1(3) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, arts. 3(3), 4(1)(c), Sch. 2

F5 S. 76(1)(bb) inserted (18.9.1993) by 1993 c. 9, s. 39(2)(a) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(3), Sch. 2

F6 Words in s. 76(1)(c) substituted (18.9.1993) by 1993 c. 9, s. 39(2)(b) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(3), Sch. 2

F7 S. 76(6A)-(6D) inserted (31.3.1996 subject to transitional provisions in the commencing S.I.) by 1995 c. 20, s. 13(3)(b); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F8 Words in s. 76(7)(c) inserted (18.9.1993) by 1993 c. 9, s. 39(3) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(3), Sch. 2