Regulation 16 Transitional and saving provision: proceedings commenced before IP completion dayI1

Scotland

(1)

This Part does not apply in relation to criminal proceedings commenced before IP completion day or appellate proceedings arising out of such criminal proceedings^f1.

(2)

For the purposes of paragraph (1), criminal proceedings are commenced—

(a)

in summary proceedings, on the date of the first calling of the case, and

(b)

in solemn proceedings, on the earliest of—

(i)

the date of the grant of a warrant to arrest and commit,

(ii)

the date of the intimation of a petition,

(iii)

the date of the service of an indictment.

Annotations

Commencement

I1: Reg. 16 in force at 31.12.2020 (in force on IP completion day in accordance with 2020 c. 1, s. 39(1)), see reg. 1(3)

Footnotes

f1: See Article 62(1)(g) of the withdrawal agreement and sections 7A and 7C of the European Union (Withdrawal) Act 2018.