# Sexual Offences (Procedure and Evidence) (Scotland) Act 2002, Paragraph 5: Procedure on indictment in sheriff court


In section 71 (first diet of proceedings on indictment in sheriff court)—
(a) at the beginning there is inserted—
“(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.”;
(b) after subsection (5) there is inserted—
“(5A) Where, however—
(a) the accused is charged with a sexual offence to which section 288C of this Act applies; and
(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,
a 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.”;
and
(c) after subsection (8) there is inserted—
“(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.”.

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Source: https://www.legislation.gov.uk/asp/2002/9/schedule/paragraph/5 (the official version)
Page: https://openlegislation.uk/sexual-offences-procedure-and-evidence-scotland-act-2002/schedule/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.