Criminal Procedure (Scotland) Act 1995

83 Transfer of sheriff court solemn proceedings. S

(1) Where an accused person has been cited to attend a sitting of the sheriff court the prosecutor may [F1 apply to the sheriff for an order for the transfer of the proceedings to a sheriff court in another district in that sheriffdom (that court being taken to be, by virtue of any such order, appointed as mentioned in section 66(1) of this Act) and for adjournment to a sitting of that court] .

[F2 (1A) Where—

(a) an accused person has been cited to attend a sitting of the sheriff court; or

(b) paragraph (a) above does not apply but it is competent so to cite an accused person,

and the prosecutor is informed by the sheriff clerk that, because of exceptional circumstances which could not reasonably have been foreseen, it is not practicable for that court (in subsection (2A)(b)(i) below referred to as the “relevant court”) or any other sheriff court in that sheriffdom to proceed with the case, the prosecutor—

(i) may, where paragraph (b) above applies, so cite the accused; and

(ii) shall, where paragraph (a) above applies or the accused is so cited by virtue of paragraph (i) above, as soon as practicable apply to the sheriff principal for an order for the transfer of the proceedings to a sheriff court in another sheriffdom (that court being taken to be, by virtue of any such order, appointed as mentioned in section 66(1) of this Act) and for adjournment to a sitting of that court.]

(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,

[F3 make such order as is mentioned in that subsection].

[F4 (2A) On an application under subsection (1A) above the sheriff principal may make the order sought—

(a) provided that the sheriff principal of the other sheriffdom consents; but

(b) in a case where the trial (or part of the trial) would be transferred, shall do so only—

(i) if the sheriff of the relevant court, after giving the accused or his counsel an opportunity to be heard, consents to the transfer; or

(ii) on the joint application of the parties.

(2B) On the application of the prosecutor, a sheriff principal who has made an order under subsection (2A) above may, if the sheriff principal of the other sheriffdom mentioned in that subsection consents—

(a) revoke; or

(ii) vary so as to restrict the effect of,

that order.]

[F5 (3) 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 [F6 there has then been an order under subsection (2) or (2A) above, the warrant shall, subject to subsection (2B) above, have effect subject to the adjournment provided for in the order and as if the sitting is a sitting of the court to which the proceedings have been transferred] .]

Textual Amendments

F1 Words in s. 83(1) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 58(1)(a), 89; S.S.I. 2003/288, art. 2, Sch.

F2 S. 83(1A) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 58(1)(b), 89; S.S.I. 2003/288, art. 2, Sch.

F3 Words in s. 83(2) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 58(1)(c), 89; S.S.I. 2003/288, art. 2, Sch.

F4 S. 83(2A)-(2B) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 58(1)(d), 89; S.S.I. 2003/288, art. 2, Sch.

F5 S. 83(3) inserted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(12)(c); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F6 Words s. 83(3) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 58(1)(e), 89; S.S.I. 2003/288, art. 2, Sch.