PART IV

Petition Procedure

Judicial examination

Judicial examination.
35
1
The accused’s solicitor shall be entitled to be present at the examination.
2
The sheriff may delay the examination for a period not exceeding 48 hours from and after the time of the accused’s arrest, in order to allow time for the attendance of the solicitor.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4A
An accused charged with
an offence listed in subsection (4AA)(b)
shall, as soon as he is brought before the sheriff for examination on the charge, be told—
a
that his case at, or for the purposes of, any relevant hearing
...
in the course of the proceedings may be conducted only by a lawyer,
b
that it is, therefore, in his interests, if he has not already done so, to get the professional assistance of a solicitor; and
c
that, if he does not engage a solicitor for the purposes of
the conduct of his case at or for the purposes of the
hearing
, the court will do so.
4AA
For the purposes of subsection (4A)—
a
“
relevant hearing
” is to be construed in accordance with section 288C(1A) or (as the case may be) 288DC(4),
b
the list is—
i
an offence to which section 288C applies (certain sexual offending),
ii
an offence to which section 288DC applies (domestic abuse cases).
4B
A failure to comply with subsection (4A) above does not affect the validity or lawfulness of the examination or of any other element of the proceedings against the accused.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Where the accused is brought before the sheriff for further examination the sheriff may delay that examination for a period not exceeding 24 hours in order to allow time for the attendance of the accused’s solicitor.
6A
In proceedings before the sheriff in examination or further examination, the accused is not to be given an opportunity to make a declaration in respect of any charge.
7
Any proceedings before the sheriff in examination or further examination shall be conducted in chambers and outwith the presence of any co-accused.
8
This section applies to procedure on petition, without prejudice to the accused being tried summarily by the sheriff for any offence in respect of which he has been committed until liberated in due course of law.
S. 35(4A)(4B) inserted (1.11.2002) by Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9), s. 3, Sch. para. 3; S.S.I. 2002/443, art. 3 (with art. 4(3))
Words in s. 35(4A)(c) inserted (4.12.2004) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 12(b); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
S. 35(4AA) inserted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 4(2)(c); S.S.I. 2018/387, reg. 2 (with reg. 7)
Words in s. 35(4A)(a) repealed (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 4(2)(b); S.S.I. 2018/387, reg. 2 (with reg. 7)
S. 35(5) repealed (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 78(2)(a), 117(2); S.S.I. 2016/426, art. 2, sch.
S. 35(3) repealed (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 78(2)(a), 117(2); S.S.I. 2016/426, art. 2, sch.
Words in s. 35(4A) substituted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 4(2)(a); S.S.I. 2018/387, reg. 2 (with reg. 7)
S. 35(6A) inserted (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 78(1), 117(2); S.S.I. 2016/426, art. 2, sch.
S. 35(4) repealed (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 78(2)(a), 117(2); S.S.I. 2016/426, art. 2, sch.
S. 35(4A)(a) substituted for s. 35(4A)(za)(a) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 36(a); S.S.I. 2011/178, art. 2, sch.
Word in s. 35(4A)(c) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 36(b); S.S.I. 2011/178, art. 2, sch.