Coronavirus (Recovery and Reform) (Scotland) Act 2022

Part 5 Criminal procedure time limits

Chapter 1 Extension of periods

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

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

(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”.

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

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

(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”.

Pre-trial and pre-sentence remand period

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

(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”.

(3) Section 147(1) (summary proceedings: prevention of delay in trials) has effect as if for “40 days” there were substituted “130 days”.

(4) Section 200 (remand for inquiry into physical or mental condition) has effect as if—

(a) in subsection (2), in the closing words, the words “, no single period exceeding three weeks,” were repealed,

(b) in subsection (3)(a), the words “not exceeding three weeks” were repealed.

Chapter 2 Adjournment periods

Power of court to adjourn cases

23 (1) The Criminal Procedure (Scotland) Act 1995 applies in accordance with the modifications in sub-paragraphs (2) to (5).

(2) Section 145 (adjournment for inquiry at first calling) has effect as if—

(a) in subsection (1), for “subsections (2) and (3)” there were substituted “subsection (2)”,

(b) subsection (3) were repealed.

(3) Section 145A (adjournment at first calling to allow accused to appear etc.) has effect as if—

(a) in subsection (1), for “subsections (2) and (3)” there were substituted “subsection (2)”,

(b) subsection (3) were repealed.