PART XI

Sentencing

Pre-sentencing procedure

Power of court to adjourn case before sentence.
201
1
Where an accused has been convicted or the court has found that he committed the offence and before he has been sentenced or otherwise dealt with, subject to subsection (3) below, the court may adjourn the case for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with his case.
2
Where the court adjourns a case solely for the purpose mentioned in subsection (1) above, it shall remand the accused in custody or on bail or ordain him to appear at the adjourned diet.
3
Subject to section 21(9) of the Criminal Justice (Scotland) Act 2003 (asp 7), a court shall not adjourn the hearing of a case as mentioned in subsection (1) above for any single period exceeding four weeks or, on cause shown, eight weeks.
4
An accused who is remanded under this section may appeal to the appropriate Appeal Court against the refusal of bail or against the conditions imposed within 24 hours of his remand, by note of appeal . . . , and the appropriate Appeal Court, either in court or in chambers, may . . . —
a
review the order appealed against and either grant bail on such conditions as it thinks fit or ordain the accused to appear at the adjourned diet; or
b
confirm the order.
5
A note of appeal under subsection (4) above is to be—
a
lodged with the clerk of the court from which the appeal is to be taken; and
b
sent without delay by that clerk (where not the
clerk of the appropriate Appeal Court
) to the
clerk of the appropriate Appeal Court
.
6
In this section—
- “appropriate Appeal Court” means—
  1. in the case of an appeal under subsection (4) against a decision of the High Court, that Court;
  2. in the case of an appeal under subsection (4) against a decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court; and
- “the clerk of the appropriate Appeal Court” means—
  1. in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;
  2. in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.
S. 201(3) modified (10.6.2004) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 21(9), 89; S.S.I. 2004/240, art. 2
Words in s. 201(3) inserted (10.6.2004) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 21(10), 89; S.S.I. 2004/240, art. 2
Words in s. 201(3) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 67, 89; S.S.I. 2003/288, art. 2, Sch.
Words in s. 201(4) inserted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 6(5)(a)(i), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)
Words in s. 201(4) repealed (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 6(5)(a)(ii), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)
Words in s. 201(4) repealed (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 18(4); S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)
S. 201(5) added (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 6(5)(b), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)
Words in s. 201(5)(b) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(7)(b) (with art. 4)
S. 201(6) inserted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(7)(c) (with art. 4)
Words in s. 201(4) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(7)(a) (with art. 4)