Explanatory Note

(This note is not part of the Regulations)

These Regulations make saving provision in connection with the expiry of the extensions to criminal procedure time limits in solemn proceedings contained in paragraphs 20 and 22 of the schedule of the Coronavirus (Recovery and Reform) (Scotland) Act 2022. Those time limit extensions will expire at the end of 30 November 2025, in accordance with section 52(1) of that Act.

Paragraph 20 of the schedule increases the maximum periods of time which are permitted to elapse between an accused person’s first appearance on petition and the preliminary hearing or first diet and between that first appearance and the trial. Regulation 2(1) preserves those extended time limits in cases where the accused first appears on petition before the end of 30 November 2025.

Paragraph 22 of the schedule applies where an accused person is held on remand pending trial. It increases the maximum periods of time following the point at which the accused is committed until liberated in due course of law (“full committal”) within which the indictment must be served and each of the preliminary hearing or first diet and the trial must commence. Regulation 2(2) preserves those extended time limits in cases where full committal takes place before the end of 30 November 2025.