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Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025

Inserted section 5D – Further provision about national jurisdiction of sheriff courts

108.As mentioned in the preceding paragraphs, section 5D supports sections 5B and 5C by ensuring that sheriffs and prosecutors have the necessary powers to deal with cases that come before a court by virtue of those sections. In particular, section 5D(3)(b) ensures that summary sheriffs benefit from this national jurisdiction in the sheriff court in the same way as sheriffs. Section 5D also makes clear that sections 5B and 5C supplement, rather than supersede, other legal bases for a sheriff hearing a case from outwith the sheriff's normal territorial jurisdiction (specifically those provided for in Part 1 and sections 34A and 137C of the 1995 Act – for example, section 137C makes more bespoke provision permitting the transfer of cases in exceptional circumstances).

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