PART ISolemn Procedure
Procedure prior to Trial
Procedure at Trial
128Provision for death or illness of judge
(1)
Where the court is unable to proceed owing to the death or illness of the presiding judge, it shall be lawful for the clerk of court—
(a)
in the case where the diet has not been called, to convene the court and adjourn the diet and any other diet appointed for that sitting to a later sitting;
(b)
in the case where the diet has been called but no evidence has been led, to adjourn the diet or any other diet appointed for that sitting to a later sitting; and
(c)
where evidence has been led, to desert the diet pro loco et tempore and to discharge the jury ;
and any such continuation, adjournment, desertion or other proceeding shall be entered in the record by the clerk of court.
(2)
Where a diet is deserted in pursuance of subsection (1)(c) of this section the Lord Advocate may raise and insist in a new indictment, and in any such case where the accused is in custody it shall not be necessary that a new warrant for his incarceration be granted, and the warrant of commitment on which he is at the time in custody till liberation in due course of law shall continue in force, and in any such case where the accused is at liberty on bail his bail shall continue in force.