Act of Adjournal (Criminal Procedure (Scotland) Act 1995 Amendment) (Miscellaneous) 2020

Publication Date:January 01, 2020
 
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2020No. 93

HIGH COURT OF JUSTICIARY

SHERIFF COURT

JUSTICE OF THE PEACE COURT

Act of Adjournal (Criminal Procedure (Scotland) Act 1995 Amendment) (Miscellaneous) 2020

Made at 2.35 p.m. on24thMarch2020

Laid before the Scottish Parliament at 4.00 p.m. on24thMarch2020

Coming into force25thMarch2020

The High Court of Justiciary makes this Act of Adjournal under the powers conferred by section 305 of the Criminal Procedure (Scotland) Act 1995( 1) and all other powers enabling it to do so.

Citation and commencement, etc.

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure (Scotland) Act 1995 Amendment) (Miscellaneous) 2020.

(2) It comes into force on 25th March 2020.

(3) A certified copy is to be inserted in the Books of Adjournal.

Amendment of the Criminal Procedure (Scotland) Act 1995

2.—(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) In section 75C (refixing diets: non-suitable days)( 2)

(a) subsection (2) is repealed;

(b) in subsection (3), for “subsections (1) and (2)” substitute “subsection (1)”.

(3) After section 83 (transfer of sheriff court solemn proceedings)( 3) insert—

“Transfer of sheriff court solemn proceedings within sheriffdom: power of sheriff principal

83ZA. Where, because of exceptional circumstances which could not reasonably have been foreseen, it is not practicable for a sheriff court in a sheriffdom to proceed with some or all of the proceedings on indictment due to call at a diet, the sheriff principal may, of the sheriff principal's own accord, make an order for—

(a) the transfer of the proceedings to a sheriff court in any other district in that sheriffdom; and

(b) adjournment to a diet of that court.”.

(4) After section 137A (transfer of sheriff court summary proceedings within sheriffdom)( 4) insert—

“Transfer of sheriff court summary proceedings within sheriffdom: power of sheriff principal

137AA. Where, because of exceptional circumstances which could not reasonably have been foreseen, it is not practicable for a sheriff court in a sheriffdom to proceed with some or all of the summary cases due to call at a diet, the sheriff principal may, of the sheriff principal's own accord, make an order for—

(a) the transfer of the proceedings to a sheriff court in any other district in that sheriffdom; and

(b) adjournment to a diet of that court.”.

(5) Subsection (2) of section 137ZB (refixing diets: non-suitable days)( 5) is repealed.

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