Schedule STemporary justice measures

Part 4 SNational jurisdiction for callings from custody etc.

Ability of any sheriff court to deal with proceedings following failure to appear S

17 (1) This paragraph applies where— S

(a) a calling of proceedings has come before a sheriff court by virtue of paragraph 16(1), and

(b) the proceedings are in respect of an accused person’s failure to attend a diet in summary criminal proceedings or proceedings on indictment (“the principal proceedings”).

(2) If the principal proceedings are proceedings on indictment, the court may deal with them until the end of the diet in which the calling mentioned in sub-paragraph (1)(a) takes place.

(3) If the principal proceedings are summary criminal proceedings, they may continue to be dealt with—

(a) in the same sheriff court, and

(b) by a sheriff of any sheriffdom,

unless, and until the end of the diet at which, the accused person tenders a plea of not guilty or confirms that the person is adhering to a previously tendered plea of not guilty and (in either case) that plea is not accepted by the prosecutor.

Modifications etc. (not altering text)

C1 Sch. para. 17 continued until 30.11.2024 (30.11.2023) by virtue of The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension and Expiry of Temporary Justice Measures) Regulations 2023 (S.S.I. 2023/360), regs. 1(3), 3(2)

Commencement Information

I1 Sch. para. 17 in force at 1.10.2022, see s. 59(1)