(1)Without prejudice to section [F2150] of this Act, where the accused is not present at the first calling of the case in a summary prosecution, the court may (whether or not the prosecutor is able to provide evidence that the accused has been duly cited) adjourn the case under this section for such period as it considers appropriate; and subject to subsections (2) and (3) below, the court may from time to time so adjourn the case.
(2)An adjournment under this section shall be—
(a)for the purposes of allowing—
(i)the accused to appear in answer to the complaint; or
(ii)time for inquiry into the case; or
(b)for any other cause the court considers reasonable.
(3)No one period of adjournment under this section shall exceed 28 days.
[F3(4)The clerk of court may perform the functions of the court under subsection (1) above without the court being properly constituted.]]
Textual Amendments
F1S. 145A inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 63(4), 89; S.S.I. 2003/288, art. 2, Sch.
F2Words in s. 145A(1) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 14(2), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S. I. 2007/527)
F3S. 145A(4) added (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 9(2), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S. I. 2007/527)