Procedure on indictment in sheriff court
5In 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.”; and
(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.”.