Criminal Justice (Scotland) Act 1980

5 For section 76 (notice for first diet) there shall be substituted the following sections—

“76 Preliminary diet.

“76 (1) Subject to section 2OB(2) of this Act and to subsections (4) and (5) below, where a party within the appropriate period gives written notice to the court before which the trial is to take place and to the other parties—

(a) that he intends to raise a matter relating to the competency or relevancy of the indictment or to raise an objection such as is mentioned in section 108(1) of this Act, the court shall order that there be a diet before the trial diet ;

(b) that he intends to submit a plea in bar of trial or to apply for separation or conjunction of charges or trials or to make an application under section 151(2) of this Act, the court may make such order as is mentioned in paragraph (a) above ;

(c) that there is some point, as regards any matter not mentioned in paragraph (a) or (b) above, which could in his opinion be resolved with advantage before the trial and that he therefore applies for a diet to be held before the trial diet, the court may make such order as is mentioned in paragraph (a) above.

A party giving notice under this subsection shall specify in the notice the matter (or, as the case may be, the grounds of submission or the point) to which the notice relates.

(2) A diet ordered under subsection (1) above is in this Act referred to as a “preliminary diet”.

(3) The fact that a preliminary diet has been ordered on a particular notice under subsection (1) above shall not preclude the court’s consideration at that diet of any other such notice as is mentioned in that subsection, which has been intimated to the court and to the other parties at least 24 hours before that diet.

(4) Subject to subsection (5) below, the court may on ordering a preliminary diet postpone the trial diet for a period not exceeding 21 days ; and any such postponement (including, postponement for a period which by virtue of the said subsection (5) exceeds 21 days) shall not count towards any time limit applying in respect of the case.

(5) Any period mentioned in subsection (4) above may be extended by the High Court in respect of the case.

(6) Where a preliminary diet is ordered the accused (or all the accused as the case may be) shall attend it ; and he (or they as the case may be) shall be required at the conclusion thereof to state how he pleads (or they plead) to the indictment:

Provided that if the court so permits the diet may proceed notwithstanding the absence of an accused.

(7) In subsection (1) above, “appropriate period” means as regards notice—

(a) under paragraph (a) of that subsection, the period of 15 clear days after service of the indictment ;

(b) under paragraph (b) of that subsection, the period from service of the indictment to 10 clear days before the trial diet ; and

(c) under paragraph (c) of that subsection, the period from service of the indictment to the trial diet.

76A Appeal in connection with preliminary diet.

76A (1) Without prejudice to any right of appeal under section 228 or 280A of this Act, a party may, with the leave of the court of first instance (granted either on the motion of that party or ex proprio motu) and in accordance with such procedure as may be prescribed by Act of Adjournal under this Act, appeal to the High Court against a decision at a preliminary diet, but any such appeal must be taken not later than 2 days after such decision.

(2) Where an appeal is taken under subsection (1) above, the High Court may postpone the trial diet for such period as appears to them to be appropriate and may, if they think fit, direct that such period (or some part of it) shall not count towards any time limit applying in respect of the case.

(3) In disposing of an appeal under subsection (1) above the High Court may affirm the decision of the court of first instance or may remit the case to it with such directions in the matter as they think fit; and where the court of first instance has dismissed the indictment or any part of it, may reverse that decision and direct that the court of first instance fix a trial diet (if it has not already fixed one as regards so much of the indictment as it has not dismissed).”.