Search Legislation

Criminal Procedure (Scotland) Act 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Section 65 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

65 Prevention of delay in trials.S

(1)Subject to subsections (2) and (3) below, an accused shall not be tried on indictment for any offence unless

[F1(a)where an indictment has been served on the accused in respect of the High Court, a preliminary hearing is commenced within the period of 11 months; and

[F2(aa)where an indictment has been served on the accused in respect of the sheriff court, a first diet is commenced within the period of 11 months;]

(b)in any case, the trial is commenced within the period of 12 months,

of the first appearance of the accused on petition in respect of the offence.]

[F3(1A)If the preliminary hearing (where subsection (1)(a) above applies) [F4, the first diet (where subsection (1)(aa) above applies)] or the trial is not so commenced,] the accused

[F5(a)shall be discharged forthwith from any indictment as respects the offence; and

(b)shall not at any time be proceeded against on indictment as respects the offence]

(2)Nothing in subsection (1) [F6or (1A)] above shall bar the trial of an accused for whose [F7apprehension] a warrant has been granted for failure to appear at a diet in the case.

(3)On an application made for the purpose,

[F8(a)where an indictment has been served on the accused in respect of the High Court, a single judge of that court may, on cause shown, extend [F9any period] specified in subsection (1) above; or

(b)in any other case, the sheriff may, on cause shown, extend [F9any period] specified in that subsection.]

[F10(3A)An application under subsection (3) shall not be made at any time when an appeal made with leave under section 74(1) of this Act has not been disposed of by the High Court.]

(4)Subject to subsections (5) to (9) below, an accused who is committed for any offence until liberated in due course of law shall not be detained by virtue of that committal for a total period of more than—

(a)80 days, unless within that period the indictment is served on him, which failing he shall be [F11entitled to be admitted to bail]; or

[F12(aa)where an indictment has been served on the accused in respect of the High Court—

(i)110 days, unless a preliminary hearing in respect of the case is commenced within that period, which failing he shall be entitled to be admitted to bail; or

(ii)140 days, unless the trial of the case is commenced within that period, which failing he shall be entitled to be admitted to bail;]

(b)[F13where an indictment has been served on the accused in respect of the sheriff court,] [F14110 days]

[F14(i)110 days, unless a first diet in respect of the case is commenced within that period, which failing he shall be entitled to be admitted to bail; or

(ii)140 days], unless the trial of the case is commenced within that period, which failing he shall be [F15entitled to be admitted to bail].

[F16(4A)Where an indictment has been served on the accused in respect of the High Court, subsections (1)(a) and (4)(aa)(i) above shall not apply if the preliminary hearing has been dispensed with under section 72B(1) of this Act.]

[F17(5)On an application made for the purpose—

(a)in a case where, at the time the application is made, an indictment has not been served on the accused, a single judge of the High Court; or

(b)in any other case, the court specified in the notice served under section 66(6) of this Act,

may, on cause shown, extend any period mentioned in subsection (4) above.

(5A)Before determining an application under subsection (3) or (5) above, the judge or, as the case may be, the court shall give the parties an opportunity to be heard.

(5B)However, where all the parties join in the application, the judge or, as the case may be, the court may determine the application without hearing the parties and, accordingly, may dispense with any hearing previously appointed for the purpose of considering the application.]

F18(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The grant or refusal of any application to extend the periods mentioned in this section may be appealed against by note of appeal presented to the High Court; and that Court may affirm, reverse or amend the determination made on such application.

[F19(8A)Where an accused is, by virtue of subsection (4) above, entitled to be admitted to bail, the accused shall, unless he has been admitted to bail by the Lord Advocate, be brought forthwith before—

(a)in a case where an indictment has not yet been served on the accused, a single judge of the High Court; or

(b)in any other case, the court specified in the notice served under section 66(6) of this Act.

(8B)Where an accused is brought before a judge or court under subsection (8A) above, the judge or, as the case may be, the court shall give the prosecutor an opportunity to make an application under subsection (5) above.

(8C)If the prosecutor does not make such an application or, if such an application is made but is refused, the judge or, as the case may be, the court shall, after giving the prosecutor an opportunity to be heard, admit the accused to bail.

(8D)Where such an application is made but is refused and the prosecutor appeals against the refusal, the accused—

(a)may continue to be detained under the committal warrant for no more than 72 hours from the granting of bail under subsection (8C) above or for such longer period as the High Court may allow; and

(b)on expiry of that period, shall, whether the appeal has been disposed of or not, be released on bail subject to the conditions imposed.]

(9)For the purposes of this section,

[F20(a)where the accused is cited in accordance with subsection (4)(b) of section 66 of this Act, the indictment shall be deemed to have been served on the accused;

(b)a preliminary hearing shall be taken to commence when it is called; [F21and]

[F22(ba)a first diet shall be taken to commence when it is called;]

(c)] a trial shall be taken to commence when the oath is administered to the jury.

(10)In calculating [F23any period specified in subsection (1) (including any such period as extended)] there shall be left out of account any period during which the accused is [F24in lawful custody], other than while serving a sentence of imprisonment or detention, in any other part of the United Kingdom or in any of the Channel Islands or the Isle of Man F25....

Textual Amendments

F1S. 65(1)(a)(b)(1A) substituted (1.2.2005) for words by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(2), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F2S. 65(1)(aa) inserted (29.5.2017 for specified purposes) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 79(2)(a), 117(2); S.S.I. 2017/99, art. 3(1)(2) (with art. 6)

F3S. 65(1)(a)(b)(1A) substituted (1.2.2005) for words by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(2), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F4Words in s. 65(1A) inserted (29.5.2017 for specified purposes) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 79(2)(b), 117(2); S.S.I. 2017/99, art. 3(1)(2) (with art. 6)

F5S. 65(1)(a)(b) substituted (4.7.1996) for words by 1996 c. 25, s. 73(3) (with s. 78(1))

F8S. 65(3)(a)(b) substituted (1.2.2005) for words by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(4), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F10S. 65(3A) inserted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(9); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F14S. 65(4)(b)(i)(ii) substituted for words (29.5.2017 for specified purposes) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 79(2)(c), 117(2); S.S.I. 2017/99, art. 3(1)(2) (with art. 6)

F17S. 65(5)-(5B) substituted (1.2.2005) for s. 65(5) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 6(7), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)

F21Word in s. 65(9) repealed (29.5.2017 for specified purposes) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 79(2)(d)(i), 117(2); S.S.I. 2017/99, art. 3(1)(2) (with art. 6)

F22S. 65(9)(ba) inserted (29.5.2017 for specified purposes) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 79(2)(d)(ii), 117(2); S.S.I. 2017/99, art. 3(1)(2) (with art. 6)

Modifications etc. (not altering text)

C2S. 65 modified (1.10.1997) by 1997 c. 43, s. 41, Sch. 1 Pt. II para. 11(1)(a); S.I. 1997/2200, art. 2(1)(g) (subject to transitional provisions in art. 5)

C3S. 65 applied (with modifications) (1.10.1997) by S.I. 1997/1776, arts. 1, 2, Sch. 1 paras. 5-7; S.I. 1997/2200, art. 2(1)(g) (subject to transitional provisions in art. 5)

C4S. 65(1) modified (temp.) (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 50-54, 59(1), sch. para. 20(2) (which affecting provision is continued until 30.11.2024 by S.S.I. 2023/360, reg. 3(2))

C5S. 65(4) modified (temp.) (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 50-54, 59(1), sch. para. 22(2) (which affecting provision is continued until 30.11.2024 by S.S.I. 2023/360, reg. 3(2))

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.