Section 46 Notice fixing new diet

If the court gives leave to the prosecutor to serve a notice fixing a new trial diet under section 77A(2), the prosecutor shall consult with the Clerk of Justiciary or the sheriff clerk, as the case may be, as to an appropriate date before fixing that diet.

Such a notice shall be in the form set out in Form 22 of Schedule 1, and shall be served by the prosecutor on all parties and on the governor of any institution in which any of the accused is detained, and a copy of the notice together with the relative execution of service shall be lodged by him as soon as possible with the clerk of court.

A notice served in accordance with paragraph (2) shall, for the purposes of section 69, be treated as being a warrant issued by the Clerk of Justiciary or the sheriff clerk, as the case may be, to officers of law to cite accused persons, witnesses and jurors for the date specified in the notice for the new trial diet, and shall have effect for those purposes.

The clerk of court shall, on receiving a copy of the notice, attach it to the record copy indictment.