Article 3 Transfer of summary proceedings

After Chapter 17 of the Rules (summary pre-trial procedure) insert—

“CHAPTER 17A

TRANSFER OF SUMMARY PROCEEDINGS

Transfer of summary proceedings

17A.1

(1)

A written application by the procurator fiscal under—

(a)

section 137A(1) of the Act of 1995 (transfer within sheriffdom)^f1 shall be in Form 17A.1-A;

(b)

section 137B(1) of the Act of 1995 (transfer outwith sheriffdom due to exceptional circumstances)^f2 shall be in Form 17A.1-B;

(c)

section 137B(1A) of the Act of 1995 (transfer outwith sheriffdom where accused cited to attend diet in other summary proceedings or other summary proceedings commenced) shall be in Form 17A.1-C;

(d)

section 137B(1C) of the Act of 1995 (transfer outwith sheriffdom: intention to take summary proceedings where other summary proceedings commenced) shall be in Form 17A.1-D;

(e)

section 137B(3) of the Act of 1995 (transfer outwith sheriffdom due to exceptional circumstances: revocation or variation of order) shall be in Form 17A.1-E;

(f)

section 137B(4) of the Act of 1995 (transfer outwith sheriffdom where other summary proceedings commenced or intended: revocation or variation of order) shall be in Form 17A.1-F;

(g)

section 137C(1) of the Act of 1995 (initiating custody cases outwith sheriffdom: exceptional circumstances)^f3 shall be in Form 17A.1-G;

(h)

section 137D(1) of the Act of 1995 (transfer of justice of the peace court proceedings where accused person to be sentenced in sheriff court)^f4 shall be in Form 17A.1-H.

(2)

Where the sheriff principal consents to an application under paragraph (1)(b), (e) or (g), he shall docquet his consent to the application.

(3)

Where a sheriff consents to an application under paragraph (1)(c), (d) or (f), he shall docquet his consent to the application.”.

After Form 17.2^f5 in the appendix to the Rules insert the forms set out in Part 2 of the Schedule to this Act of Adjournal.