Criminal Procedure (Scotland) Act 1975

104 Remit to High Court for sentence

In any proceedings on indictment in which the second diet is to be in the sheriff court—

(a) where the accused shall either at the first or at the second diet plead guilty in whole or in part, and the prosecutor shall accept such plea, or

(b) where the accused shall at the second diet be found guilty in whole or in part by verdict of the jury.

the sheriff, if he shall hold that any sentence which he can competently pronounce is inadequate and that the question of punishment should be disposed of by the High Court.—

(i) shall endorse upon the record copy of the indictment a certificate of the plea tendered or of the verdict returned, and

(ii) shall by interlocutor written on the said record copy remit the accused to the said court for sentence, and

(iii) may, if he shall think fit, append to such interlocutor a note setting forth the reasons for such remit, and such remit shall be of the like force and effect in all respects as a remit in terms of section 102 of this Act.