PART IX

Summary Proceedings

General

Custody cases: initiating JP court proceedings outwith sheriffdom
137CC
1
Subsection (2) applies where the prosecutor believes—
a
that, because of exceptional circumstances (and without an order under subsection (3)), it is likely that there would be an unusually high number of accused persons appearing from custody for the first calling of cases in summary prosecutions in the JP courts in the sheriffdom, and
b
that it would not be practicable for those courts to deal with all the cases involved.
2
The prosecutor may apply to the sheriff principal for an order authorising summary proceedings against some or all of the accused persons to be—
a
taken at a JP court in another sheriffdom, and
b
maintained—
i
at that JP court, or
ii
at any of the JP courts referred to in subsection (1) as may at the first calling of the case be appointed for further proceedings.
3
On an application under subsection (2), the sheriff principal may make the order sought with the consent of the sheriff principal of the other sheriffdom.
4
An order under subsection (3) may be made by reference to a particular period or particular circumstances.
Ss. 137CA-137CC inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , ss. 61 , 206(1) ; S.S.I. 2011/178 , art. 2 , sch.