Textual Amendments
F1Ss. 245A-245I and preceding cross-heading inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1
(1)Where [F3an] offender appears before the court in respect of his apparent failure to comply with a requirement of, as the case may be, a [F4community payback order], drug treatment and testing order, F5. . . 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 F6. . . offender in custody or on bail or ordain him to appear at the adjourned hearing.
(3)[F7A court shall not so adjourn a hearing for any single period exceeding four weeks or, on cause shown, eight weeks.]
[F7The court may adjourn a hearing under subsection (1) for such period as it considers appropriate.]
(4)[F8An] 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 [F9to the [F10appropriate Appeal Court] by note of appeal, and the [F10appropriate Appeal Court]], either in court or in chambers, may after hearing F11. . . 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.
[F12(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 [F13clerk of the appropriate Appeal Court]) to the [F13clerk of the appropriate Appeal Court].]
[F14(7)In this section—
“appropriate Appeal Court” means—
in the case of an appeal under subsection (4) against a decision of the High Court, that Court;
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—
in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;
in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.]]
Textual Amendments
F2S. 245J inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 48, 89; S.S.I. 2003/288, art. 2, Sch.
F3Words 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)
F4Words 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)
F5Words 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)
F6Words 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)
F7S. 245J(3) substituted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 2 para. 1(5) (with s. 9)
F8Words 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)
F9Words 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)
F10Words in s. 245J(5) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(8)(a) (with art. 4)
F11Words 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)
F12S. 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)
F13Words in s. 245J(6)(b) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(8)(b) (with art. 4)
F14S. 245J(7) inserted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(8)(c) (with art. 4)