PART VII

Solemn Proceedings

Pre-trial proceedings

Preliminary hearing: further provision
72D
1
The court may, on cause shown, allow a preliminary hearing to proceed notwithstanding the absence of the accused.
2
Where—
a
the accused is a body corporate;
b
it fails to appear at a preliminary hearing;
c
the court allows the hearing to proceed in its absence under subsection (1) above; and
d
no plea is entered on its behalf at the hearing,
it shall be treated for the purposes of proceedings at the preliminary hearing as having pled not guilty.
3
Where, at a preliminary hearing, a trial diet is appointed, the accused shall appear at the trial diet and answer the indictment.
4
At a preliminary hearing, the court—
a
shall take into account any written record lodged under section 72E of this Act; and
b
may ask the prosecutor and the accused any question in connection with any matter which it is required to dispose of or ascertain under section 72 of this Act.
5
The proceedings at a preliminary hearing shall be recorded by means of shorthand notes or by mechanical means.
6
Subsections (2) to (4) of section 93 of this Act shall apply for the purposes of the recording of proceedings at a preliminary hearing in accordance with subsection (5) above as they apply for the purposes of the recording of proceedings at the trial in accordance with subsection (1) of that section.
7
The Clerk of Justiciary shall prepare, in such form and manner as may be prescribed by Act of Adjournal, a minute of proceedings at a preliminary hearing, which shall record, in particular, whether any preliminary pleas or issues were disposed of and, if so, how they were disposed of.
8
In this section, references to a preliminary hearing include an adjourned preliminary hearing.
9
In this section and sections 72 to 72C, “
the court
” means the High Court.
Ss. 72-72D substituted for ss. 72-73A (1.2.2005, 1.4.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes, otherwise 1.4.2008) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 1(3), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5); S.S.I. 2005/168, art. 2, Sch. (with art. 4); S.S.I. 2006/59, art. 2, Sch. (with art. 4(1)); S.S.I. 2007/101, art. 2, Sch. (with art. 4); S.S.I. 2007/329, art. 2, Sch. (with art. 4)); S.S.I. 2008/57, art. 2 (with art. 3)
S. 72D(2) applied (26.12.2023) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 198(1)(2), 219(3)(c)
S. 72D(2) applied (26.10.2023 for specified purposes, 1.9.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 203(1)(2), 219(1)(2)(b); S.I. 2025/349, reg. 3