Schedule STemporary justice measures

Part 5 SCriminal procedure time limits

Chapter 1 SExtension of periods

Solemn proceedings: periods within which procedural hearings and trial must commence S

20 (1) The Criminal Procedure (Scotland) Act 1995 applies in accordance with the modifications in this paragraph. S

(2) Section 65(1) (solemn proceedings: prevention of delay in trials) has effect as if—

(a) in paragraph (a), for “11 months” there were substituted “17 months”,

(b) in paragraph (aa), for “11 months” there were substituted “17 months”,

(c) in paragraph (b), for “12 months” there were substituted “18 months”.

Modifications etc. (not altering text)

C1 Sch. para. 20 continued until 30.11.2024 (30.11.2023) by virtue of 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. 20 in force at 1.10.2022, see s. 59(1)

Summary proceedings: period within which prosecution for statutory offence must commence S

21 (1) The Criminal Procedure (Scotland) Act 1995 applies in accordance with the modifications in this paragraph. S

(2) Section 136(1) (summary proceedings: time limits) has effect as if for “six months”, in both places where it occurs, there were substituted “12 months”.

Modifications etc. (not altering text)

C2 Sch. para. 21 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

I2 Sch. para. 21 in force at 1.10.2022, see s. 59(1)

Pre-trial and pre-sentence remand period S

22 (1) The Criminal Procedure (Scotland) Act 1995 applies in accordance with the modifications in this paragraph. S

(2) Section 65(4) (solemn proceedings: prevention of delay in trials) has effect as if—

(a) in paragraph (a), for “80 days” there were substituted “260 days”,

(b) in paragraph (aa)(i), for “110 days” there were substituted “290 days”,

(c) in paragraph (aa)(ii), for “140 days” there were substituted “320 days”,

(d) in paragraph (b)(i), for “110 days” there were substituted “290 days”,

(e) in paragraph (b)(ii), for “140 days” there were substituted “320 days”.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. para. 22(3) expires (30.11.2023) by The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension and Expiry of Temporary Justice Measures) Regulations 2023 (S.S.I. 2023/360), reg. 2(b)

F2 Sch. para. 22(4) expires (30.11.2023) by The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension and Expiry of Temporary Justice Measures) Regulations 2023 (S.S.I. 2023/360), reg. 2(b)

Modifications etc. (not altering text)

C3 Sch. para. 22(1)(2) 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

I3 Sch. para. 22 in force at 1.10.2022, see s. 59(1)