[81 Procedure where trial diet does not proceed]
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

[81  Procedure where trial diet does not proceed]

[(1)     The prosecutor shall not raise a fresh libel in a case in which the court has deserted the trial simpliciter unless the court's decision has been reversed on appeal.

(2)     Where a trial diet in any proceedings on indictment is deserted pro loco et tempore the court may appoint a further trial diet for a later date and the accused shall appear and answer the indictment at that diet.

(3)     In appointing a further trial diet under subsection (2) above, the court—

(a)     shall have regard to the state of preparation of the prosecutor and the accused with respect to their cases and, in particular, to the likelihood of the case being ready to proceed to trial on the date to be appointed for the trial diet; and

(b)     may, if it appears to the court that there are

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