SCHEDULENotice to accused about effect of sections 288C and 288D of 1995 Act and special pre-trial procedures: amendment of 1995 Act
5Procedure on indictment in sheriff court
In section 71 (first diet of proceedings on indictment in sheriff court)—
a
at the beginning there is inserted—
A1
At a first diet, the court shall, where the accused is charged with a sexual offence to which section 288C of this Act applies, ascertain whether he has engaged a solicitor for the purposes of his defence at the trial.
b
after subsection (5) there is inserted—
5A
Where, however—
a
the accused is charged with a sexual offence to which section 288C of this Act applies; and
b
the court has not ascertained (whether at that diet or earlier) that he has engaged a solicitor for the purposes of his defence at the trial,
a first diet may not proceed in his absence; and, in such a case, the court shall adjourn the diet and ordain the accused then to attend.
c
after subsection (8) there is inserted—
8A
Where the court adjourns a first diet under subsection (8) above by reason only that, following inquiries for the purposes of subsection (A1) above, it appears to the court that the accused has not engaged a solicitor for the purposes of his defence at his trial, that adjournment shall be for a period of not more than 48 hours and the accused shall be ordained to then attend.