Criminal Procedure (Amendment) (Scotland) Act 2004

19First diet in sheriff court solemn proceedings: witnesses and bail

This section has no associated Explanatory Notes

(1)Section 71 (first diet) of the 1995 Act is amended as follows.

(2)After subsection (1B) insert—

(1C)At a first diet, the court—

(a)shall ascertain which of the witnesses included in the list of witnesses are required by the prosecutor or the accused to attend the trial; and

(b)shall, where the accused has been admitted to bail, review the conditions imposed on his bail and may—

(i)after giving the parties an opportunity to be heard; and

(ii)if it considers it appropriate to do so,

fix bail on different conditions..

(3)In subsection (2), for “and (1A)” substitute “, (1A) and (1C)”.

(4)In subsection (3), after “(1A)” insert “, (1C)”.