PART VII

Solemn Proceedings

Alteration, etc, of diet

Transfer of sheriff court solemn proceedings.
83
1
Where an accused person has been cited to attend a diet of the sheriff court the prosecutor may apply to the sheriff for an order for the transfer of the proceedings to a sheriff court in another district in that sheriffdom . . . and for adjournment to a diet of that court .
1A
Where—
a
an accused person has been cited to attend a
diet
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
. . . and for adjournment to a
diet
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,
make such order as is mentioned in that subsection.
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.
2C
The sheriff may proceed under subsection (2) above on a joint application of the parties without hearing the parties and, accordingly, he may dispense with any hearing previously appointed for the purposes of considering the application.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
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.
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.
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.
Words in s. 83(1) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 28(a)(i); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
Words in s. 83(1) repealed (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 28(a)(ii); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
Words in s. 83(1A) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 28(b)(i); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
Words in s. 83(1A)(ii) repealed (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 28(b)(ii); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
S. 83(2C) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 28(c); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
S. 83(3) repealed (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 3), ss. 25, 27(1), Sch. para. 28(d); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)