Criminal Procedure (Scotland) Act 1995

[F1 245J [F1 Breach of certain orders: adjourning hearing and remanding in custody etc.] S

(1) Where [F2 an] offender appears before the court in respect of his apparent failure to comply with a requirement of, as the case may be, a [F3 community 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) [F6 An] 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 [F7 to the High Court by note of appeal, and the High Court] , either in court or in chambers, may after hearing F8 . . . 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.

[F9 (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 Clerk of Justiciary) to the Clerk of Justiciary.]]

Textual Amendments

F1 S. 245J inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 48, 89; S.S.I. 2003/288, art. 2, Sch.

F2 Words in s. 245J(1) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 24(a)(i); S.S.I. 2010/413, art. 2, Sch. (with art. 3)

F3 Words in s. 245J(1) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 24(a)(ii); S.S.I. 2010/413, art. 2, Sch. (with arts. 3-8)

F4 Words in s. 245J(1) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 24(a)(iii); S.S.I. 2010/413, art. 2, Sch. (with arts. 3-8)

F5 Words in s. 245J(2) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 24(b); S.S.I. 2010/413, art. 2, Sch. (with art. 3)

F6 Words in s. 245J(4) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 24(c); S.S.I. 2010/413, art. 2, Sch. (with art. 3)

F7 Words in s. 245J(5) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 6(6)(a), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)

F8 Words in s. 245J(5) repealed (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 21; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)

F9 S. 245J(6) added (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 6(6)(b), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)