Paragraph 9A.2 Applications to dispense with preliminary hearingsF1

(1)

An application to dispense with a preliminary hearing shall made in Form 9A.2.

(2)

Prior to making an application under paragraph (1), the parties shall consult with the Clerk of Justiciary as to a suitable date for a trial diet.

(3)

An application under paragraph (1) shall indicate whether or not a date for a trial diet has been agreed by the parties with the Clerk of Justiciary and shall give details of any applicable time limits under section 65 of the Act of 1995.

(4)

On the lodging of an application under paragraph (1), the Clerk of Justiciary shall attach it to the record copy of the indictment and place it before a judge in chambers.

(5)

The order made by the judge in chambers in respect of the application shall be–

(a)

recorded by endorsation on the record copy of the indictment;

(b)

signed by the Clerk of Justiciary;

(c)

entered in the record of proceedings; and

(d)

intimated by the Clerk of Justiciary to the applicants or their solicitors.

(6)

The Clerk of Justiciary shall send to the governor of any institution in which any accused is detained a copy of any order of the court dispensing with a preliminary hearing.

Annotations

Textual amendments

F1: Sch. 2 Chs. 9-9B substituted for Sch. 2 Ch. 9 (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(11) (with para. 2(2)-(4))