ScheduleTemporary justice measures

Part 4National jurisdiction for callings from custody etc.

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

I1C117

1

This paragraph applies where—

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.