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Criminal Procedure (Scotland) Act 1995
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- 1995 c. 46
- PART IX
- First diet
- Section 145A
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- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 75C inserted by S.S.I. 2011/430 s. 2(2)
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- s. 176A inserted by 2011 asp 16 Sch. para. 13
- s. 227ZO inserted by S.I. 2011/2298 Sch. para. 5
- Sch. 13 inserted by S.I. 2011/2298 Sch. para. 6
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2009/1632 reg. 22 amendment to earlier commencing SI 2007/2194 Sch. 3 para. 23A (as inserted by SI 2007/3495 Sch. 5 para. 2(5))
- S.I. 2011/1418 art. 2 commences (2010 c. 23)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.S.I. 2011/31 art. 5 amendment to earlier commencing SSI 2008/115 and SSI 2009/67 and SSI 2009/369
- S.S.I. 2011/157 art. 2 commences (2007 asp 14)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
- S.S.I. 2011/188 art. 2 commences (2007 asp 6)
- S.S.I. 2011/365 art. 3 commences (2011 asp 16)
[F1145AAdjournment at first calling to allow accused to appear etc.S
(1)Without prejudice to section [F2150] of this Act, where the accused is not present at the first calling of the case in a summary prosecution, the court may (whether or not the prosecutor is able to provide evidence that the accused has been duly cited) adjourn the case under this section for such period as it considers appropriate; and subject to subsections (2) and (3) below, the court may from time to time so adjourn the case.
(2)An adjournment under this section shall be—
(a)for the purposes of allowing—
(i)the accused to appear in answer to the complaint; or
(ii)time for inquiry into the case; or
(b)for any other cause the court considers reasonable.
(3)No one period of adjournment under this section shall exceed 28 days.
[F3(4)The clerk of court may perform the functions of the court under subsection (1) above without the court being properly constituted.]]
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Amendments (Textual)
F1S. 145A inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 63(4), 89; S.S.I. 2003/288, art. 2, Sch.
F2Words in s. 145A(1) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 14(2), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S. I. 2007/527)
F3S. 145A(4) added (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 9(2), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S. I. 2007/527)
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