Section 2 Amendment of the Criminal Procedure (Scotland) Act 1995

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

In section 75C (refixing diets: non-suitable days)^f1—

After section 83 (transfer of sheriff court solemn proceedings)^f2 insert—

“Transfer of sheriff court solemn proceedings within sheriffdom: power of sheriff principal

83ZA.

Where, because of exceptional circumstances which could not reasonably have been foreseen, it is not practicable for a sheriff court in a sheriffdom to proceed with some or all of the proceedings on indictment due to call at a diet, the sheriff principal may, of the sheriff principal’s own accord, make an order for—

(a)

the transfer of the proceedings to a sheriff court in any other district in that sheriffdom; and

(b)

adjournment to a diet of that court.”.

After section 137A (transfer of sheriff court summary proceedings within sheriffdom)^f3 insert—

“Transfer of sheriff court summary proceedings within sheriffdom: power of sheriff principal

137AA.

Where, because of exceptional circumstances which could not reasonably have been foreseen, it is not practicable for a sheriff court in a sheriffdom to proceed with some or all of the summary cases due to call at a diet, the sheriff principal may, of the sheriff principal’s own accord, make an order for—

(a)

the transfer of the proceedings to a sheriff court in any other district in that sheriffdom; and

(b)

adjournment to a diet of that court.”.

Subsection (2) of section 137ZB (refixing diets: non-suitable days) ^f4 is repealed.