Criminal Procedure (Intermediate Diets) (Scotland) Act 1998

Discretion to hold intermediate diets

1

• (1) In section 148 of the Criminal Procedure (Scotland) Act 1995 (intermediate diets) (which consolidated section 337A of the Criminal Procedure (Scotland) Act 1975)—

• (a) in subsection (1)—

• (i) for the words from the beginning to the word “trial”, where it first appears, there shall be substituted the words “The court may, when adjourning a case for trial in terms of section 146(3) of this Act, and may also, at any time thereafter, whether before, on or after any date assigned as a trial diet”; and

• (ii) for the words “the date assigned as the trial diet” there shall be substituted the words “any date assigned as a trial diet”

• (b) in subsection (7)(a), after the word ““may””, there shall be inserted the words “where it first appears,”.

• (2) The amendments made by subsection (1) above shall be deemed always to have had effect.

• (3) Subsection (1) of the said section 337A shall be deemed always to have had effect as if enacted as follows—

(1) The court may, when adjourning a case for trial in terms of section 337(b) of this Act, and may also, at any time thereafter, whether before, on or after any date assigned as a trial diet, fix a diet (to be known as an intermediate diet) for the purpose of ascertaining— (a) the state of preparation of the prosecutor and of the accused with respect to their cases; and (b) whether the accused intends to adhere to the plea of not guilty.

Short title and extent

2

• (1) This Act may be cited as the Criminal Procedure (Intermediate Diets) (Scotland) Act 1998.

• (2) This Act extends to Scotland only.