{
  "url": "https://openlegislation.uk/sexual-offences-procedure-and-evidence-scotland-act-2002/schedule/paragraph-5",
  "json_url": "https://openlegislation.uk/sexual-offences-procedure-and-evidence-scotland-act-2002/schedule/paragraph-5.json",
  "legislation": "asp/2002/9",
  "legislation_title": "Sexual Offences (Procedure and Evidence) (Scotland) Act 2002",
  "legislation_url": "https://openlegislation.uk/sexual-offences-procedure-and-evidence-scotland-act-2002",
  "path": "schedule/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Procedure on indictment in sheriff court",
  "text": "In section 71 (first diet of proceedings on indictment in sheriff court)—\n(a) at the beginning there is inserted—\n“(A1) At a first diet, the court shall, where the accused is charged with a sexual offence to which section 288C of this Act applies, ascertain whether he has engaged a solicitor for the purposes of his defence at the trial.”;\n(b) after subsection (5) there is inserted—\n“(5A) Where, however—\n(a) the accused is charged with a sexual offence to which section 288C of this Act applies; and\n(b) the court has not ascertained (whether at that diet or earlier) that he has engaged a solicitor for the purposes of his defence at the trial,\na first diet may not proceed in his absence; and, in such a case, the court shall adjourn the diet and ordain the accused then to attend.”;\nand\n(c) after subsection (8) there is inserted—\n“(8A) Where the court adjourns a first diet under subsection (8) above by reason only that, following inquiries for the purposes of subsection (A1) above, it appears to the court that the accused has not engaged a solicitor for the purposes of his defence at his trial, that adjournment shall be for a period of not more than 48 hours and the accused shall be ordained to then attend.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2002/9/schedule/paragraph/5",
    "retrieved_at": "2026-10-29T20:17:02.932661+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}