Section 75C Refixing diets: non-suitable daysF1

Scotland

(1)

Where in any proceedings on indictment any diet has been fixed for a day which is no longer suitable to the court, it may, of its own accord, at any time before that diet—

(a)

discharge the diet; and

(b)

fix a new diet for a date earlier or later than that for which the discharged diet was fixed.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In F3subsection (1), “the court” means—

(a)

in the case of proceedings in the High Court, a single judge of that Court;

(b)

in the case of proceedings in the sheriff court, that court.

Annotations

Textual amendments

F1: S. 75C inserted (30.1.2012) by Act of Adjournal (Amendment of the Criminal Procedure (Scotland) Act 1995) (Refixing diets) 2011 (S.S.I. 2011/430), ss. 1(2), 2(2)
F2: S. 75C(2) repealed (25.3.2020) by Act of Adjournal (Criminal Procedure (Scotland) Act 1995 Amendment) (Miscellaneous) 2020 (S.S.I. 2020/93), paras. 1(2), 2(2)(a)
F3: Words in s. 75C(3) substituted (25.3.2020) by Act of Adjournal (Criminal Procedure (Scotland) Act 1995 Amendment) (Miscellaneous) 2020 (S.S.I. 2020/93), paras. 1(2), 2(2)(b)

Notes on Adjournment and alteration of diets

Textual amendments

F1: S. 75A and crossheading inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 15, 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)