(1)Where—
(a)an accused person has been cited to attend a diet of the sheriff court; or
(b)paragraph (a) does not apply but it is competent so to cite an accused person,
and the prosecutor is informed by the sheriff clerk that, because of exceptional circumstances which could not reasonably have been foreseen, it is not practicable for that court or any other sheriff court in that sheriffdom to proceed with the case, the prosecutor—
(i)may, where paragraph (b) above applies, so cite the accused; and
(ii)shall, where paragraph (a) above applies or the accused is so cited by virtue of paragraph (i) above, as soon as practicable apply to the sheriff principal for an order for the transfer of the proceedings to a sheriff court in another sheriffdom and for adjournment to a diet of that court.
(2)On an application under subsection (1) above the sheriff principal may make the order sought, provided that the sheriff principal of the other sheriffdom consents.
(3)On the application of the prosecutor, a sheriff principal who has made an order under subsection (2) above may, if the sheriff principal of the other sheriffdom mentioned in that subsection consents—
(a)revoke; or
(b)vary so as to restrict the effect of,
that order.]
Textual Amendments
F1 Ss. 137A, 137B inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7) , ss. 58(2) , 89 ; S.S.I. 2003/288 , art. 2 , Sch.