PART VII Solemn Proceedings

Alteration, etc, of diet

83 Transfer of sheriff court solemn proceedings.

1

Where an accused person has been cited to attend a sitting of the sheriff court the prosecutor may, at any time before the commencement of his trial, apply to the sheriff to F1adjourn the trial and transfer it to a sitting of a sheriff court, appointed as mentioned in section 66(1) of this Act, in any other district in that sheriffdom.

2

On an application under subsection (1) above the sheriff may—

a

after giving the accused or his counsel or solicitor an opportunity to be heard; or

b

on the joint application of the parties,

F2adjourn the trial andmake an order for the transfer of the F3trial as mentioned in subsection (1) above.

F43

Where a warrant to cite any person to attend a sitting of the sheriff court has been issued by the sheriff clerk under section 66(1) of this Act and the trial has been adjourned and transferred by an order under subsection (2) above, the warrant shall have effect as if the trial diet had originally been fixed for the court, and the date of the sitting of that court, to which the trial is so transferred.