ScheduleTemporary justice measures
Part 4National jurisdiction for callings from custody etc.
Ability to take calling in any sheriff court and then maintain proceedings
I1C116
1
A calling of criminal proceedings in the sheriff court to which sub-paragraph (2) applies may be dealt with—
a
in any sheriff court in Scotland, and
b
by a sheriff of any sheriffdom.
2
This sub-paragraph applies to a calling of criminal proceedings in which the person who is the subject of the proceedings is appearing from custody—
a
having been arrested by a constable in connection with the matter to which the proceedings relate, and
b
without having subsequently—
i
been released from custody, or
ii
had a court authorise the person’s continued remand in custody.
3
If more than one person is the subject of the proceedings, the reference in sub-paragraph (2) to the person who is the subject of the proceedings is to be read as referring to any of them.
4
It is for the Lord Advocate or the procurator fiscal to determine in which sheriff court a calling to which sub-paragraph (2) applies is to be taken.
5
Where proceedings have come before a sheriff court by virtue of sub-paragraph (1), the proceedings may continue to be dealt with—
a
in the same sheriff court, and
b
by a sheriff of any sheriffdom.
6
Proceedings may continue to be dealt with by virtue of sub-paragraph (5) until their conclusion, except that—
a
in the case of summary proceedings, or proceedings on petition or indictment, insofar as the proceedings relate to a charge in respect of which the accused person has tendered a plea of not guilty which has not been accepted by the prosecutor, they cannot continue to be dealt with by virtue of sub-paragraph (5) after the end of the diet at which that plea was tendered,
b
in the case of proceedings on petition or indictment, they cannot continue to be dealt with by virtue of sub-paragraph (5) after committal of the accused person until liberation in due course of law.
7
For the purposes of sub-paragraph (5), proceedings on petition and any subsequent proceedings on indictment are to be treated as the same proceedings.