# Criminal Procedure (Scotland) Act 1995, Section 7B: National jurisdiction for cases in a JP court after failure to appear


(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.

---
Source: https://www.legislation.gov.uk/ukpga/1995/46/section/7B (the official version)
Page: https://openlegislation.uk/criminal-procedure-scotland-act-1995/section-7B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.