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The Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Order 2008

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Transitional provisions relating to JP courts

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5.—(1) Where a case in a relevant district court is–

(a)adjourned, continued or deferred; and

(b)a further diet of that case is to be fixed for a date after the relevant date,

the court may fix that diet in the appointed JP court despite the fact that that JP court has not yet been established.

(2) It is competent to cite an accused person or a witness to a diet or an ordinary sitting of a JP court (taking place after the relevant date) prior to that court being established by this Order.

(3) Where, prior to its establishment, a diet is fixed in or an accused person is cited to a diet or an ordinary sitting of the appointed JP court–

(a)any application–

(i)made under section 134 (incidental applications) or section 137 (alteration of diets) of the 1995 Act in respect of those proceedings; and

(ii)made prior to the establishment of the appointed JP court,

is to be made to the relevant district court; and

(b)the relevant district court may hear and dispose of the application.

(4) Where paragraph (3)(b) applies in relation to an application made by virtue of section 137 of the 1995 Act, the relevant district court may, in accordance with the functions conferred on it by that section, discharge the diet fixed in the appointed JP court, and, either–

(a)fix a new diet to take place prior to the relevant date in the district court; or

(b)fix a new diet for a date earlier or later than that for which the discharged diet was fixed, and to take place after the relevant date, in the appointed JP court.

(5) Where section 137ZA (refixing diets) of the 1995 Act applies in respect of a diet fixed in the appointed JP court prior to its establishment, the relevant district court may discharge that diet and–

(a)fix a new diet to take place prior to the relevant date in the district court; or

(b)fix a new diet for a date earlier or later than that for which the discharged diet was fixed, and to take place after the relevant date, in the appointed JP court.

(6) Nothing in this article affects the operation of section 66 (transitional arrangements for proceedings) of the 2007 Act.

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