Criminal Procedure (Scotland) Act 1887

29 High Court case

At such first diet where the case is one in which the second diet is to be in the High Court of Justiciary, the sheriff shall hear any objection of a preliminary nature, whether to the citation or relevancy or otherwise, and if he shall be of opinion upon any objection made to discrepancy between the record copy of the indictment and the service copy, or to any error or deficiency in such service copy, or in the notice of citation, that such discrepancy, error, or deficiency could not mislead or prejudice the person accused, or if he shall be of opinion that any other preliminary objection made is frivolous, or if no preliminary objection be made, he shall call upon the accused person to plead guilty or not guilty, and shall endorse upon the record copy of the indictment a certificate of the plea tendered in the form of Schedule L to this Act annexed, and if the plea be one of guilty to the indictment or any part thereof the accused person shall be required to sign the same if he is able to write, and in every case the sheriff shall append his signature to the plea recorded, and where any objection is taken to such discrepancy, error, or deficiency as aforesaid which the sheriff shall hold to be a discrepancy, error, or deficiency which tended substantially to mislead and prejudice the accused person, or where any other preliminary objection shall be held by him not to be frivolous, he shall endorse upon the record copy of the indictment a certificate in the form of Schedule K. to this Act annexed, and the sheriff clerk shall record any certificate so written on such record copy in the books of court or in a record to be kept for the purpose, and shall forthwith transmit the record copy of the indictment and extract convictions relative thereto to the Clerk of Justiciary.