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Criminal Procedure (Scotland) Act 1995

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[F1245J[F1Breach of certain orders: adjourning hearing and remanding in custody etc.]S

(1)Where [F2an] offender appears before the court in respect of his apparent failure to comply with a requirement of, as the case may be, a [F3community payback order], drug treatment and testing order, F4. . . or restriction of liberty order the court may, for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with him, adjourn the hearing.

(2)Where, under subsection (1) above, the court adjourns a hearing it shall remand the F5. . . offender in custody or on bail or ordain him to appear at the adjourned hearing.

(3)A court shall not so adjourn a hearing for any single period exceeding four weeks or, on cause shown, eight weeks.

(4)[F6An] offender remanded under this section may appeal against the refusal of bail, or against the conditions imposed, within 24 hours of his remand.

(5)Any such appeal shall be [F7to the [F8appropriate Appeal Court] by note of appeal, and the [F8appropriate Appeal Court]], either in court or in chambers, may after hearing F9. . . the appellant—

(a)review the order appealed against and either grant bail on such conditions as it thinks fit or ordain the appellant to appear at the adjourned hearing; or

(b)confirm the order.

[F10(6)A note of appeal under subsection (5) above is to be—

(a)lodged with the clerk of the court from which the appeal is to be taken; and

(b)sent without delay by that clerk (where not the [F11clerk of the appropriate Appeal Court]) to the [F11clerk of the appropriate Appeal Court].]

[F12(7)In this section—

  • “appropriate Appeal Court” means—

    (a)

    in the case of an appeal under subsection (4) against a decision of the High Court, that Court;

    (b)

    in the case of an appeal under subsection (4) against a decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court; and

  • “the clerk of the appropriate Appeal Court” means—

    (a)

    in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;

    (b)

    in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.]]

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