Act of Adjournal (Criminal Procedure (Scotland) Act 1995 Amendment) (Miscellaneous) 2020
| Jurisdiction | Scotland |
| Citation | SSI 2020/93 |
2020 No. 93
High Court Of Justiciary
Sheriff Court
Justice Of The Peace Court
Act of Adjournal (Criminal Procedure (Scotland) Act 1995 Amendment) (Miscellaneous) 2020
Made 24th March 2020
Laid before the Scottish Parliament 24th March 2020
Coming into force 25th March 2020
The High Court of Justiciary makes this Act of Adjournal under the powers conferred by section 305 of the Criminal Procedure (Scotland) Act 19951and all other powers enabling it to do so.
Citation and commencement, etc.
This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure (Scotland) Act 1995 Amendment) (Miscellaneous) 2020.
It comes into force on 25th March 2020.
A certified copy is to be inserted in the Books of Adjournal.
Amendment of the Criminal Procedure (Scotland) Act 1995
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
In section 75C (refixing diets: non-suitable days)2—
subsection (2) is repealed;
in subsection (3), for “subsections (1) and (2)” substitute “subsection (1)”.
After section 83 (transfer of sheriff court solemn proceedings)3insert—
“Transfer of sheriff court solemn proceedings within sheriffdom: power of sheriff principal
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.”.
After section 137A (transfer of sheriff court summary proceedings within sheriffdom)4insert—
“Transfer of sheriff court summary proceedings within sheriffdom: power of sheriff principal
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.”.
Subsection (2) of section 137ZB (refixing diets: non-suitable days)5is repealed.
CJM SUTHERLAND
Lord Justice General
I.P.D.
Edinburgh
At 2.35 p.m. on 24th March 2020
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