Before section 6, insert—

“5BNational jurisdiction for callings of custody cases in a sheriff court

(1)

A calling of criminal proceedings in the sheriff court to which subsection (2) or (3) applies may be dealt with—

(a)

in any sheriff court in Scotland, and

(b)

by a sheriff of any sheriffdom.

(2)

This subsection applies to a calling of criminal proceedings in which the person who is the subject of the proceedings is appearing from custody—

(a)

having been arrested by a constable in connection with the matter to which the proceedings relate, and

(b)

without having subsequently—

(i)

been released from custody, or

(ii)

had a court authorise the person’s continued remand in custody.

(3)

This subsection applies to a calling of proceedings on petition in which—

(a)

the person who is the subject of the proceedings is appearing from custody after a court authorised the person’s remand, and

(b)

the hearing is not able to be held in that court due to the closure of the court building by reason of emergency or other special circumstances.

(4)

If more than one person is the subject of the proceedings, the reference in subsection (2) or, as the case may be, (3) to the person who is the subject of the proceedings is to be read as referring to any of them.

(5)

It is for the Lord Advocate or the procurator fiscal to determine in which sheriff court a calling to which subsection (2) or (3) applies is to be taken.

(6)

Where proceedings have come before a sheriff court by virtue of subsection (1), and are proceedings to which subsection (2) applies, the proceedings may continue to be dealt with—

(a)

in the same sheriff court, and

(b)

by a sheriff of any sheriffdom.

(7)

The ability for proceedings to be dealt with by virtue of subsection (6) comes to an end as follows—

(a)

in the case of summary proceedings, insofar as the proceedings relate to a charge in respect of which the accused person has tendered a plea of not guilty which has not been accepted by the prosecutor, the proceedings cannot continue to be dealt with by virtue of subsection (6) after the end of the diet at which that plea was tendered,

(b)

in the case of proceedings on petition or indictment—

(i)

insofar as the proceedings relate to a charge in respect of which the accused person has tendered a plea of not guilty which has not been accepted by the prosecutor, the proceedings cannot continue to be dealt with by virtue of subsection (6) after the end of the diet at which that plea was tendered,

(ii)

the proceedings cannot continue to be dealt with by virtue of subsection (6) after the committal of the accused person until liberation in due course of law,

(iii)

the first diet, and any proceedings which follow on from it, cannot be dealt with by virtue of subsection (6).

(8)

Insofar as the ability to deal with proceedings by virtue of subsection (6) is not brought to an end by subsection (7), proceedings may continue to be dealt with by virtue of subsection (6) until their conclusion.

(9)

For the purposes of subsection (6), proceedings on petition and any subsequent proceedings on indictment are to be treated as the same proceedings.

5CNational jurisdiction for cases in a sheriff court after failure to appear

(1)

This section applies where—

(a)

a calling of criminal proceedings has come before a sheriff court by virtue of section 5B(1), and

(b)

the proceedings are in respect of an accused person’s failure to attend a diet in summary proceedings or proceedings on indictment (“the principal proceedings”).

(2)

If the principal proceedings are proceedings on indictment, the court may deal with them until the end of the diet in which the calling mentioned in subsection (1)(a) takes place.

(3)

If the principal proceedings are summary proceedings, they may be dealt with—

(a)

in the same sheriff court, and

(b)

by a sheriff of any sheriffdom,

unless, and until the end of the diet at which, a plea of not guilty is rejected.

(4)

Despite subsections (2) and (3), the court may pass a sentence or otherwise dispose of the principal proceedings only where—

(a)

evidence has not been led in the principal proceedings, or

(b)

the court considers that for it to pass a sentence or otherwise dispose of the case would be in the interests of justice.

(5)

For the purposes of subsection (3), a plea of not guilty is rejected where—

(a)

the accused person—

(i)

tenders a plea of not guilty, or

(ii)

confirms that the person is adhering to a previously tendered plea of not guilty, and

(b)

that plea is not accepted by the prosecutor.

5DFurther provision about national jurisdiction of sheriff courts

(1)

A sheriff has jurisdiction for all cases which come before the sheriff by virtue of section 5B or 5C.

(2)

A procurator fiscal for a sheriff court district has—

(a)

power to prosecute or, as the case may be, represent the interests of the prosecutor in any case that comes before the sheriff court of that district by virtue of section 5B or 5C,

(b)

the like powers in relation to such cases as the prosecutor has for the purposes of other cases that come before the sheriff when exercising criminal jurisdiction.

(3)

For the purposes of sections 5B and 5C—

(a)

a sheriff may, in every sheriffdom, without the need for further commission, exercise the jurisdiction and powers that attach to the office of sheriff in relation to criminal proceedings,

(b)

paragraph (a) applies accordingly to any other member of the judiciary, so far as that member has the jurisdiction and powers that attach to the office of sheriff in relation to criminal proceedings.

(4)

This section, and sections 5B and 5C, are without prejudice to—

(a)

any other provision in this Part, and

(b)

sections 34A and 137C.

5EInterpretation of sections 5B to 5D

In sections 5B to 5D of this Act, “criminal proceedings” means any proceedings in which a sheriff court is exercising criminal jurisdiction including in particular—

(a)

proceedings on petition,

(b)

proceedings on indictment,

(c)

summary proceedings,

(d)

ancillary proceedings, such as proceedings in respect of—

(i)

breach of bail,

(ii)

non-payment of a fine or other monetary penalty,

(iii)

breach of an order of a court, or

(iv)

failure of an accused person or a witness to attend a diet.”.

After section 7, insert—

“7ANational jurisdiction for callings of custody cases in a JP court

(1)

A calling of criminal proceedings in a JP court to which subsection (2) applies may be dealt with—

(a)

in any JP court in Scotland, and

(b)

by a justice of the peace, summary sheriff or sheriff of any sheriffdom.

(2)

This subsection applies to a calling of criminal proceedings in which the person who is the subject of the proceedings is appearing from custody—

(a)

having been arrested by a constable in connection with the matter to which the proceedings relate, and

(b)

without having subsequently—

(i)

been released from custody, or

(ii)

had a court authorise the person’s continued remand in custody.

(3)

If more than one person is the subject of the proceedings, the reference in subsection (2) to the person who is the subject of the proceedings is to be read as referring to any of them.

(4)

It is for the procurator fiscal to determine in which JP court a calling to which subsection (2) applies is to be taken.

(5)

Where proceedings have come before a JP court by virtue of subsection (1), the proceedings may continue to be dealt with—

(a)

in the same JP court, and

(b)

by a justice of the peace, summary sheriff or sheriff of any sheriffdom.

(6)

Insofar as proceedings relate to a charge in respect of which the accused person has tendered a plea of not guilty which has not been accepted by the procurator fiscal, they cannot continue to be dealt with by virtue of subsection (5) after the end of the diet at which that plea was tendered.

(7)

Insofar as the ability to deal with proceedings by virtue of subsection (5) is not brought to an end by subsection (6), proceedings may continue to be dealt with by virtue of subsection (5) until their conclusion.

(8)

For the purposes of this section and section 7B, the jurisdiction and powers of the JP court are exercisable by a sheriff.

7BNational jurisdiction for cases in a JP court after failure to appear

(1)

This section applies where—

(a)

a calling of proceedings has come before a JP court by virtue of section 7A(1), and

(b)

the proceedings are in respect of an accused person’s failure to attend a diet in criminal proceedings (“the principal proceedings”).

(2)

The principal proceedings may be dealt with—

(a)

in the same JP court, and

(b)

by a justice of the peace, summary sheriff or sheriff of any sheriffdom,

unless, and until the end of the diet at which, a plea of not guilty is rejected.

(3)

Despite subsection (2), the court may pass a sentence or otherwise dispose of the principal proceedings only where—

(a)

evidence has not been led in the principal proceedings, or

(b)

the court considers that for it to pass a sentence or otherwise dispose of the case would be in the interests of justice.

(4)

For the purposes of subsection (2), a plea of not guilty is rejected where—

(a)

the accused person—

(i)

tenders a plea of not guilty, or

(ii)

confirms that the person is adhering to a previously tendered plea of not guilty, and

(b)

that plea is not accepted by the procurator fiscal.

7CFurther provision about national jurisdiction of JP courts

(1)

A JP court has jurisdiction for all cases which come before it by virtue of section 7A or 7B.

(2)

A procurator fiscal for the area of a JP court has—

(a)

power to prosecute or, as the case may be, represent the interests of the prosecutor in any case that comes before the JP court of that area by virtue of section 7A or 7B,

(b)

the like powers in relation to such cases as the procurator fiscal has for the purposes of other cases that come before the JP court.

(3)

For the purposes of sections 7A and 7B, a justice of the peace, summary sheriff or sheriff may, in every sheriffdom, without the need for further commission, exercise the jurisdiction and powers that attach to the office of justice of the peace.

(4)

This section, and sections 7A and 7B, are without prejudice to—

(a)

any other provision in this Part,

(b)

section 137CC, and

(c)

section 62 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.

7DInterpretation of sections 7A to 7C

(1)

In sections 7A to 7C of this Act, “criminal proceedings” means any proceedings in which a JP court is exercising jurisdiction including in particular ancillary proceedings, such as proceedings in respect of—

(a)

breach of bail,

(b)

non-payment of a fine or other monetary penalty,

(c)

breach of an order of a court, or

(d)

failure of an accused person or a witness to attend a diet.

(2)

For the purposes of sections 7A to 7C, sections 61 and 63 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 apply in respect of a sheriff as they apply in respect of a summary sheriff.”.