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The First Diet

The Crown and the defence are expected to address the court on their state of preparation for trial in solemn procedure. If the accused is being prosecuted in the Sheriff Court, this hearing is known as the First Diet. The First Diet is fixed after the indictment is served on the accused. The indictment specifies the charges in which the accused is to face trial. An indictment is served on an accused accompanied by a numbered list of witnesses who may be called by the Crown to give evidence, and a numbered list of productions that may be used. The witness statements and the productions must be disclosed to the defence in advance of the trial diet.

The First Diet must be at least 29 clear days after service of the indictment. Proper service of the indictment is crucial. There are several documents which must be lodged with the court prior to the First Diet. These are the Defence Statement and Joint Written Record. Section 70A of the Criminal Procedure (Scotland) Act 1995 requires the defence to lodge a defence statement with the court at least 14 days prior to the First Diet. Section 70A(9) of the 1995 Act lists the matters which should be contained within the defence statement. The joint written record must be lodged with the court at least two days before the First Diet. The Crown and the Defence are required to state their readiness for trial within these documents. This encourages both sides to discuss the case in advance and resolve matters as far as possible prior to the First Diet.

The accused must attend the First Diet. The First Diet is an opportunity for the accused to enter a plea in respect of the charge or charges on the indictment. If the accused pleads not guilty, then the solicitor appearing on behalf of the accused will turn to the state of preparation for trial. The court will ascertain whether the defence and the Crown have considered the evidence they may require to lead at the trial, have indicated whether any witnesses will require special measures, and have disclosed the witnesses they intend to call to give evidence. This is usually directed by narrating the matters contained in the defence statement and joint written record. If both the Crown and the defence indicate that they are ready for trial and no other matters require to be dealt with by the court, then the court will fix a trial date at the hearing.

At Fleming and Reid, we understand that this can be a very daunting process, however with our long-standing experience you can be assured that our specialists will do everything in their power to find the best possible resolution for you. If you have been served with papers, please contact us to discuss your options with one of our experienced litigation solicitors.