Rule 10.1 Procedure for plea of guiltyI1

Scotland

(1)

A notice to appear at a diet of the appropriate court served on an accused under section 76(1) of the Act of 1995 (procedure where accused desires to plead guilty) shall—

(a)

if an indictment has not already been served, be in Form 10.1-A;

(b)

if an indictment has already been served, be in Form 10.1-B.

(2)

In any case set down for trial in the High Court, any diet fixed by virtue of section 76(1) of the Act of 1995 may be called before the High Court sitting in Edinburgh whether or not—

(a)

the case has already been set down for trial F1... elsewhere, or

(b)

any notice has already been served on the accused under section 66(6) of that Act F2(notice of first diet and trial diet or preliminary hearing).

(3)

In the application of subsection (3) of section 76 of the Act of 1995, the court may postpone the trial diet under that section if, but only if—

(a)

all the accused have been served with a notice in accordance with subsection (1) of that section;

(b)

all the accused are present at the diet called by virtue of subsection (1) of that section; and

(c)

a motion to postpone the trial diet is made to the court at that diet.

(4)

Where the court grants that motion, the order granting it shall—

(a)

be endorsed on the record copy of the indictment;

(b)

be signed by the presiding judge;

(c)

be entered in the record of proceedings; and

F3(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

A copy of the order shall be sent by the clerk of court to the governor of any institution in which any accused is detained.

(6)

Any requirement to call the diet in any case where such an order has been made shall have effect only in relation to the postponed trial diet.

Annotations

Textual amendments

F1: Words in Sch. 2 rule 10.1(2)(a) omitted (1.2.2005) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(12)(a) (with para. 2(2)-(4))
F2: Words in Sch. 2 rule 10.1(2)(b) substituted (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(12)(b) (with para. 2(2)-(4))
F3: Sch. 2 rule 10.1(4)(d) omitted (1.2.2005) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(12)(c) (with para. 2(2)-(4))

Commencement

I1: Sch. 2 rule 10.1 in force at 1.4.1996, see para. 1(1)