SCHEDULES
SCHEDULE 5 Amendments to the Criminal Justice (Scotland) Act 1987 Relating to Part II
5
In section 4 (statements relating to drug trafficking)—
a
in each of subsections (1), (2) and (4) for the word “Court” where it appears there shall be substituted the word “
court
”
;
b
in each of subsections (1) and (4) after the words “section 150” there shall be inserted the words “
or, as the case may be, section 354
”
;
c
at the end there shall be added the following subsections—
6
Without prejudice to section 2(1) of this Act, where—
a
any allegation in the statement lodged under subsection (1) above is challenged by the accused; or
b
the basis of the non-acceptance by the accused of any such allegation is challenged by the prosecutor,
the court shall consider the matters being challenged at a hearing.
7
Where the judge presiding at a hearing held under subsection (6) above is not the trial judge he may, on the application of either party, if he considers that it would be in the interests of justice to do so, adjourn the hearing to a date when the trial judge is available.