[102A Failure of accused to appear]
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

[Failure of accused to appear]

[102A  Failure of accused to appear]

[(1)     In proceedings on indictment, an accused person who without reasonable excuse fails to appear at a diet of which the accused has been given due notice (apart from a diet which the accused is not required to attend) is—

(a)     guilty of an offence; and

(b)     liable on conviction on indictment to a fine or to imprisonment for a period not exceeding 5 years or to both.

(2)     In proceedings on indictment, where an accused person fails to appear at a diet of which the accused has been given due notice (apart from a diet which the accused is not required to attend), the court may grant a warrant to apprehend the accused.

(3)     It is not, otherwise than under subsection (2) above, competent in any proceedings on indictment for a court to grant a warrant for the apprehension of an accused person for failure to appear at a diet.

(4)     However, it remains competent for a court to grant a warrant on petition (as referred to in section 34 of

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