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

PART VII S Solemn Proceedings

Non-availability of judge S

[F1 87A Disposal of preliminary matters at trial diet S

Where—

(a) any preliminary plea or issue; or

(b) in a case to be tried in the High Court, any application, notice or other matter referred to in section 72(6)(b)(iii) or (iv) of this Act,

is to be disposed of at the trial diet, it shall be so disposed of before the jury is sworn, unless, where it is a preliminary issue consisting of an objection to the admissibility of any evidence, the court at the trial diet considers it is not capable of being disposed of before then.]

Textual Amendments

F1 S. 87A inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 13(2), 27(1); S.S.I. 2004/405, art. 2, Sch. 1