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Rule 18.1 Accused to plead personally and to receive intimation of dietsI1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (2), in any summary proceedings where a person accused in those proceedings is present in court, that person shall personally plead to the charge against him whether or not he is represented.

(2)

Where the judge is satisfied that the accused is not capable for any reason of pleading personally to the charge against him, it shall be sufficient if the plea is tendered by a solicitor or by counsel on his behalf.

(3)

Where an accused is not represented or not personally present and a court continues a diet without taking a plea from the accused, the prosecutor shall intimate the continuation and the date of the adjourned diet to the accused.

(4)

Subject to section 150(2) of the Act of 1995 (adjournment to another diet), where an accused is not represented or not personally present, on the fixing of—

(a)

a diet of trial,

(b)

a diet after conviction, or

(c)

any diet after a plea from the accused has been recorded,

the sheriff clerk or clerk of the F1justice of the peace court shall intimate the diet to the accused.

(5)

Where the accused pleads guilty to the charge or to any part of it, and his plea is accepted by the prosecutor, the plea shall be recorded and signed by the judge or clerk of court, and the court shall thereafter dispose of the case at the same or any adjourned diet.

(6)

The plea referred to in paragraph (5) and any sentence may be combined, in which case one signature shall be sufficient to authenticate both.

Annotations

Textual amendments

F1

Words in Sch. 2 rule 18.1(4) substituted (10.3.2008) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Proceedings etc. (Reform) (Scotland) Act 2007) 2008 (S.S.I. 2008/61), paras. 1(1), 2(2)(a) (with para. 2(3)-(5))

Commencement

I1

Sch. 2 rule 18.1 in force at 1.4.1996, see para. 1(1)