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“(13A) In subsections (2) and (4) above, “the required time” means—

(a) in the case of proceedings in the High Court, no later than 14 clear days before the preliminary hearing;

(b) in the case of proceedings on indictment in the sheriff court, no later than 7 clear days before the first diet;

(c) in any other case, no later than 14 clear days before the trial diet.”.

44 In section 271C (special measures for vulnerable witnesses other than child witnesses)—

(a) in subsection (2), for the words “not later than 14 clear days before the trial diet” substitute “by the required time”,

(b) in subsection (4), for the words “the time limit specified in subsection (2) above” substitute “the required time”,

(c) in subsection (5)(b), for the words from “order” to the end substitute “make an order under subsection (5A) below.”,

(d) after subsection (5) insert—

“(5A) That order is an order—

(a) in the case of proceedings in the High Court where the preliminary hearing is yet to be held, appointing the vulnerable witness application to be disposed of at that hearing,

(b) in the case of proceedings on indictment in the sheriff court where the first diet is yet to be held, appointing the vulnerable witness application to be disposed of at that diet, or

(c) in any other case, appointing a diet to be held before the trial diet and requiring the parties to attend the diet.”,

(e) in subsection (6), for “(5)(b)” substitute “(5A)(c)”,

(f) after that subsection insert—

“(6A) Subsection (7) below applies to—

(a) a preliminary hearing or first diet so far as the court is, by virtue of an order under subsection (5A)(a) or (b) above disposing of a vulnerable witness application at the hearing or diet, and

(b) a diet appointed under subsection (5A)(c) above.”,

(g) in subsection (7), for the words “diet under this subsection” substitute “hearing or diet to which this subsection applies”,

(h) in subsection (9), for the words “diet under subsection (7) above” substitute “hearing or diet to which subsection (7) above applies”,

(i) in subsection (10), for the words from “under” to the end substitute “appointed under subsection (5A)(c) above in any case may be conjoined with any other diet to be held before the trial diet in the case.”,

(j) after subsection (11) insert—

“(12) In subsections (2) and (4) above, “the required time” means—

(a) in the case of proceedings in the High Court, no later than 14 clear days before the preliminary hearing,

(b) in the case of proceedings on indictment in the sheriff court, no later than 7 clear days before the first diet,

(c) in any other case, no later than 14 clear days before the trial diet.”.

45 In section 275B (provisions supplementary to sections 275 and 275A), in subsection (1), after “made” insert—

“(a) in the case of proceedings in the High Court, not less than 7 clear days before the preliminary hearing; or

(b) in any other case,”.

46 In section 277(2) (transcript of police interview sufficient evidence)—

(a) in paragraph (a), after “before” insert—

“(i) in the case of proceedings in the High Court, the preliminary hearing;

(ii) in any other case,”,

(b) in paragraph (b), for “six days before his trial, or” substitute—

“(i) in the case of proceedings in the High Court, seven days before the preliminary hearing;

(ii) in any other case, six days before his trial;

or (in either case)”.

47 In section 278 (record of proceedings at examination as evidence), in subsection (2)(a), for “72(1)(b)(iv)” substitute “79(1)”.

48 In section 280(6)(a) (routine evidence), after “before” insert—

“(i) in the case of proceedings in the High Court, the preliminary hearing;

(ii) in any other case,”.

49 In section 281 (routine evidence: autopsy and forensic science reports)—

(a) in subsection (1), for “six days before the trial, or” substitute—

“(i) in the case of proceedings in the High Court, seven days before the preliminary hearing;

(ii) in any other case, six days before the trial;

or (in either case)”,

(b) in subsection (2)—

(i) the words “(whom the prosecutor shall specify)” are repealed,

(ii) after “and” in the first place where it occurs insert “, where such intimation is given,”,

(iii) for the words “that pathologist or forensic scientist” substitute “one of those pathologists or forensic scientists”,

(iv) for “six days before the trial or” substitute—

“(i) in the case of proceedings in the High Court, seven days before the preliminary hearing;

(ii) in any other case, six days before the trial;

or (in either case)”.

50 In section 281A (routine evidence: reports of identification prior to trial)—

(a) in subsection (2)(a), for “not less than 14 clear days before the trial” substitute “by the required time”,

(b) after subsection (2) insert—

“(3) In subsection (2)(a) above, “the relevant time” means—

(a) in the case of proceedings in the High Court—

(i) not less than 14 clear days before the preliminary hearing; or

(ii) such later time, being not less than 14 clear days before the trial, as the court may, in special circumstances, allow;

(b) in any other case, not less than 14 clear days before the trial.”.

51 In section 282 (evidence as to controlled drugs and medicinal products)—

(a) in subsection (3), for “trial” substitute “relevant”,

(b) after that subsection, insert—

“(3A) In subsection (3) above, “the relevant diet” means—

(a) in the case of proceedings in the High Court, the preliminary hearing;

(b) in any other case, the trial diet.”.

52 In section 283 (evidence as to time and place of video surveillance recordings)—

(a) in subsection (2), for “trial” substitute “relevant”,

(b) after that subsection, insert—

“(2A) In subsection (2) above, “the relevant diet” means—

(a) in the case of proceedings in the High Court, the preliminary hearing;

(b) in any other case, the trial diet.”.

53 In section 284 (evidence in relation to fingerprints)—

(a) in subsection (2), for “trial” substitute “relevant”,

(b) after subsection (2A), insert—

“(2B) In subsection (2) above, “the relevant diet” means—

(a) in the case of proceedings in the High Court, the preliminary hearing;

(b) in any other case, the trial diet.”.

54 In section 286 (previous convictions: proof in support of substantive charge)—

(a) in subsection (1)(b), for “trial” substitute “relevant”,

(b) after subsection (1), insert—

“(1A) In subsection (1)(b) above, “the relevant diet” means—

(a) in the case of proceedings in the High Court, the preliminary hearing;

(b) in any other case, the trial diet.”.

55 In section 288C (prohibition of personal conduct of defence in cases of certain sexual offences)—

(a) in subsection (1)(b), for the words from “or” to the end substitute “and in any victim statement proof relating to any such offence”,

(b) after subsection (7) insert—

“(8) In subsection (1)(b) above, “victim statement proof” means any proof ordered in relation to—

(a) a victim statement made by virtue of subsection (2) (or by virtue of that subsection and subsection (6)) of section 14 of the Criminal Justice (Scotland) Act 2003 (asp 7); or

(b) a statement made by virtue of subsection (3) of that section in relation to such a victim statement.”.

56 In section 288D (appointment of solicitor by court in cases to which section 288C applies), in subsection (2)(a)(ii)—

(a) for the words “proof ordered” substitute “victim statement proof”,

(b) for “288C(1)” substitute “288C(1)(b)”.

57 In section 307(1) (interpretation), insert at the appropriate place the following definitions—

““preliminary hearing” shall be construed in accordance with section 66(6)(b) of this Act and, where in any case a further preliminary hearing is held or to be held under this Act, includes the diet consisting of that further preliminary hearing;”

““preliminary issue” shall be construed in accordance with section 79(2)(b) of this Act;”

““preliminary plea” shall be construed in accordance with section 79(2)(a) of this Act;”.

58 In Schedule 9, in column 1, in the entry relating to sections 24(3) to (8), 25 and 27 to 29 of the 1995 Act, for “25 and 27 to 29” substitute “25, 27 to 29 and 90C(1)”.