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Parliamentary Debates and Questions

S5W-18678: John Finnie (Highlands and Islands)

Scottish Green Party

Date lodged: 11 September 2018

To ask the Scottish Government how the Crown Office and Procurator Fiscal Service (COPFS) ensures that the reasons given by accused people for the postponement of trials are legitimate.

Answered by: James Wolffe QC 19 September 2018

The decision to postpone a trial is a matter for the Court. It is for the Court to assess and decide whether or not the reasons put forward by any party, including an accused person or their legal representative, are legitimate and justify the postponement of the trial.

As part of the Court’s decision making process, the Court may require the requesting party to provide further detail of evidence for the reasons for the request.