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Criminal Procedure (Amendment) (Scotland) Act 2002

The Act

3.An intermediate diet is a hearing set by a court, in summary criminal proceedings, for the purpose of ascertaining, so far as is reasonably practicable, whether the case is likely to proceed to trial on the date assigned as a trial diet. If an accused does not appear as required for an intermediate diet, the court may grant a warrant for his or her arrest.  In the case of Reynolds v Procurator Fiscal Linlithgow, the Appeal Court held that where such a warrant was issued, it did not, by implication, discharge the trial diet.  If this was not done explicitly and the case was not called on the day for the trial diet, the instance would fall.  It would not then be competent for the court to hear further proceedings in relation to the complaint in question.

4.The Act provides that the issue of a warrant following the failure of an accused to appear at an intermediate diet will automatically discharge the trial diet, unless otherwise ordered by the court. The Act is retrospective in effect.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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