Section 7B National jurisdiction for cases in a JP court after failure to appearF1

(1)

This section applies where—

(a)

a calling of proceedings has come before a JP court by virtue of section 7A(1), and

(b)

the proceedings are in respect of an accused person’s failure to attend a diet in criminal proceedings (“the principal proceedings”).

(2)

The principal proceedings may be dealt with—

(a)

in the same JP court, and

(b)

by a justice of the peace, summary sheriff or sheriff of any sheriffdom,

unless, and until the end of the diet at which, a plea of not guilty is rejected.

(3)

Despite subsection (2), the court may pass a sentence or otherwise dispose of the principal proceedings only where—

(a)

evidence has not been led in the principal proceedings, or

(b)

the court considers that for it to pass a sentence or otherwise dispose of the case would be in the interests of justice.

(4)

For the purposes of subsection (2), a plea of not guilty is rejected where—

(a)

the accused person—

(i)

tenders a plea of not guilty, or

(ii)

confirms that the person is adhering to a previously tendered plea of not guilty, and

(b)

that plea is not accepted by the procurator fiscal.

Annotations

F1: Ss. 7A-7D inserted (26.2.2026) by Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025 (asp 14), ss. 9(3), 34(4); S.S.I. 2026/85, reg. 2(1)(2), sch.

F1: S. 6 cross-heading substituted (10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009 for certain purposes, otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84(1), Sch. para. 9(5)(a); S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2