Criminal Procedure (Scotland) Act 1995 (c. 46)

PART VII S Solemn Proceedings

[F1 Adjournment and alteration of diets] S

Textual Amendments

F1 S. 75A and crossheading inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 15, 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

[F2 75C Refixing diets: non-suitable days S

(1) Where in any proceedings on indictment any diet has been fixed for a day which is no longer suitable to the court, it may, of its own accord, at any time before that diet—

(a) discharge the diet; and

(b) fix a new diet for a date earlier or later than that for which the discharged diet was fixed.

(2) Before proceeding as mentioned in subsection (1) the court shall give the parties an opportunity to be heard.

(3) In subsections (1) and (2), “the court” means—

(a) in the case of proceedings in the High Court, a single judge of that Court;

(b) in the case of proceedings in the sheriff court, that court.]

Textual Amendments

F2 S. 75C inserted (30.1.2012) by Act of Adjournal (Amendment of the Criminal Procedure (Scotland) Act 1995) (Refixing diets) 2011 (S.S.I. 2011/430), ss. 1(2), 2(2)