104Remit to High Court for sentence.

1

Where at any diet in proceedings on indictment in the sheriff court, sentence falls to be imposed but the sheriff holds that any competent sentence which he can impose is inadequate so that the question of sentence is appropriate for the High Court, he shall—

a

endorse upon the record copy of the indictment a certificate of the plea or the verdict (as the case may be);

b

by interlocutor written on such record copy remit the convicted person to the High Court for sentence ; and

c

append to such interlocutor a note of his reasons for such remit;

and such remit shall be sufficient warrant to bring the accused before the High Court for sentence and shall remain in force until the convicted person is sentenced.

2

When the Clerk of Justiciary receives the record copy of the indictment he shall send a copy of the note of reasons to the convicted person or his solicitor and to the Crown Agent,

3

Subject to subsection (2) above, the note of reasons shall be available only to the High Court and the parties.