OpenLegislation

Article 4 Interruption of proceedingsI1

Scotland

After rule 14.8 (interruption of trial for other proceedings), insert—

“Interruption of proceedings for the tendering of pleas

14.8A.
(1)

Where a case has called the presiding judge may, on a motion made jointly, without adjourning those proceedings interrupt them by calling other proceedings.

(2)

Such a motion is competent only where in making the motion parties inform the court that—

(a)

one or more of the accused in the proceedings is also an accused in other proceedings;

(b)

none of the proceedings are going to trial, because (either or both)—

(i)

the accused persons are intending to plead guilty as libelled;

(ii)

the accused persons are intending to tender pleas which the Crown intends to accept; and

(c)

in the interests of justice it is appropriate that the other proceedings be called in order that they be dealt with simultaneously.

(3)

Where the judge has interrupted any proceedings under paragraph (1), the proceedings are to be regarded as being before the court simultaneously and pleas shall be recorded in this way.

(4)

Where pleas have been recorded in accordance with paragraph (3) the clerk of court may on any subsequent occasion call the proceedings together and they shall be regarded as being before the court simultaneously.”.

Annotations

Commencement

I1

Para. 4 in force at 13.12.2010, see para. 1(2)