Criminal Procedure (Scotland) Act 1995

[F1 7A National jurisdiction for callings of custody cases in a JP court S

(1) A calling of criminal proceedings in a JP court to which subsection (2) applies may be dealt with—

(a) in any JP court in Scotland, and

(b) by a justice of the peace, summary sheriff or sheriff of any sheriffdom.

(2) This subsection applies to a calling of criminal proceedings in which the person who is the subject of the proceedings is appearing from custody—

(a) having been arrested by a constable in connection with the matter to which the proceedings relate, and

(b) without having subsequently—

(i) been released from custody, or

(ii) had a court authorise the person’s continued remand in custody.

(3) If more than one person is the subject of the proceedings, the reference in subsection (2) to the person who is the subject of the proceedings is to be read as referring to any of them.

(4) It is for the procurator fiscal to determine in which JP court a calling to which subsection (2) applies is to be taken.

(5) Where proceedings have come before a JP court by virtue of subsection (1), the proceedings may continue to be dealt with—

(a) in the same JP court, and

(b) by a justice of the peace, summary sheriff or sheriff of any sheriffdom.

(6) Insofar as proceedings relate to a charge in respect of which the accused person has tendered a plea of not guilty which has not been accepted by the procurator fiscal, they cannot continue to be dealt with by virtue of subsection (5) after the end of the diet at which that plea was tendered.

(7) Insofar as the ability to deal with proceedings by virtue of subsection (5) is not brought to an end by subsection (6), proceedings may continue to be dealt with by virtue of subsection (5) until their conclusion.

(8) For the purposes of this section and section 7B, the jurisdiction and powers of the JP court are exercisable by a sheriff.]

Textual Amendments

F1 Ss. 7A-7D inserted (26.2.2026) by Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025 (asp 14), ss. 9(3), 34(4); S.S.I. 2026/85, reg. 2(1)(2), sch.