Criminal Procedure (Scotland) Act 1995 (c. 46)

PART VII S Solemn Proceedings

[F1 Adjournment and alteration of diets] S

Textual Amendments

F1 S. 75A and crossheading inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 15, 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

[F2 75C Refixing diets: non-suitable days S

(1) Where in any proceedings on indictment any diet has been fixed for a day which is no longer suitable to the court, it may, of its own accord, at any time before that diet—

(a) discharge the diet; and

(b) fix a new diet for a date earlier or later than that for which the discharged diet was fixed.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In [F4 subsection (1)], “the court” means—

(a) in the case of proceedings in the High Court, a single judge of that Court;

(b) in the case of proceedings in the sheriff court, that court.]

Textual Amendments

F2 S. 75C inserted (30.1.2012) by Act of Adjournal (Amendment of the Criminal Procedure (Scotland) Act 1995) (Refixing diets) 2011 (S.S.I. 2011/430), ss. 1(2), 2(2)

F3 S. 75C(2) repealed (25.3.2020) by Act of Adjournal (Criminal Procedure (Scotland) Act 1995 Amendment) (Miscellaneous) 2020 (S.S.I. 2020/93), paras. 1(2), 2(2)(a)

F4 Words in s. 75C(3) substituted (25.3.2020) by Act of Adjournal (Criminal Procedure (Scotland) Act 1995 Amendment) (Miscellaneous) 2020 (S.S.I. 2020/93), paras. 1(2), 2(2)(b)