144 Procedure at first diet
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

First diet

144  Procedure at first diet

(1)     Where the accused is present at the first calling of the case in a summary prosecution and—

(a)     the complaint has been served on him, or

(b)     the complaint or the substance thereof has been read to him, or

(c)     he has legal assistance in his defence,

he shall, unless the court adjourns the case under the section 145 [or 145ZA] of this Act and subject to subsection (4) below, be asked to plead to the charge.

(2)     Where the accused is not present at a calling of the case in a summary prosecution and either—

(a)     the prosecutor produces to the court written intimation that the accused pleads not guilty or pleads guilty . . .; or

(b)     counsel or a solicitor, or a person not being counsel or a solicitor who satisfies the court that he is authorised by the accused, appears on behalf of the accused and tenders a plea of not guilty or a plea of guilty,

subsection (3) below shall apply.

(3)     Where this subsection applies—

(a)     in the case of a plea of not guilty, this Part

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