Criminal Procedure (Scotland) Act 1995

Judicial examinationS

35 Judicial examination.S

(1)The accused’s solicitor shall be entitled to be present at the examination.

(2)The sheriff may delay the examination for a period not exceeding 48 hours from and after the time of the accused’s arrest, in order to allow time for the attendance of the solicitor.

F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(4A)An accused charged with [F4an offence listed in subsection (4AA)(b)] shall, as soon as he is brought before the sheriff for examination on the charge, be told—

[F5(a)that his case at, or for the purposes of, any relevant hearing F6... in the course of the proceedings may be conducted only by a lawyer,]

(b)that it is, therefore, in his interests, if he has not already done so, to get the professional assistance of a solicitor; and

(c)that, if he does not engage a solicitor for the purposes of [F7the conduct of his case at or for the purposes of the] [F8hearing], the court will do so.

[F9(4AA)For the purposes of subsection (4A)—

(a)“relevant hearing” is to be construed in accordance with section 288C(1A) or (as the case may be) 288DC(4),

(b)the list is—

(i)an offence to which section 288C applies (certain sexual offending),

(ii)an offence to which section 288DC applies (domestic abuse cases).]

(4B)A failure to comply with subsection (4A) above does not affect the validity or lawfulness of the examination or of any other element of the proceedings against the accused.]

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where the accused is brought before the sheriff for further examination the sheriff may delay that examination for a period not exceeding 24 hours in order to allow time for the attendance of the accused’s solicitor.

[F11(6A)In proceedings before the sheriff in examination or further examination, the accused is not to be given an opportunity to make a declaration in respect of any charge.]

(7)Any proceedings before the sheriff in examination or further examination shall be conducted in chambers and outwith the presence of any co-accused.

(8)This section applies to procedure on petition, without prejudice to the accused being tried summarily by the sheriff for any offence in respect of which he has been committed until liberated in due course of law.

F1236 Judicial examination: questioning by prosecutor.S

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F1337 Judicial examination: record of proceedings.S

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F1438 Judicial examination: rectification of record of proceedings.S

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39 Judicial examination: charges arising in different districts.S

(1)An accused against whom there are charges in more than one sheriff court district may be brought before the sheriff of any one such district at the instance of the procurator fiscal of such district for examination on all or any of the charges.

(2)Where an accused is brought for examination as mentioned in subsection (1) above, he may be dealt with in every respect as if all of the charges had arisen in the district where he is examined.

(3)This section is without prejudice to the power of the Lord Advocate under section 10 of this Act to determine the court before which the accused shall be tried on such charges.