When must the solemn trial commence?

Section 65(1) uses 12 months from actual first appearance on petition in respect of the offence. SSI 2025/101 saves 18 months for first appearances before the end of November 30, 2025. Trial commences when the jury is sworn. Fixing a trial date or serving the indictment does not itself commence trial. Extensions, failure-to-appear warrants and qualifying foreign custody require their actual facts.

Responsible actor. Prosecutor and accused checking the actual solemn indictment proceeding.

Establish the accused’s actual first appearance on petition in respect of the offence.

This is a solemn indictment proceeding for the actual offence. The section 65(1) overall period is separate from the section 65(4) custody periods.

Only the applicable ordinary or saved section 65(1) overall period from the actual first appearance on petition. Any extension, excluded foreign custody, failure-to-appear warrant, dispensed preliminary hearing or historical regime outside the supported window requires separate review. This does not determine prosecution competence, discharge, bail or lawful detention.

1. Use the corresponding calendar date 18 months after an actual first appearance before December 1, 2025, or 12 months after a later first appearance. The source date determines the fixed period.
2. No automatic weekend, public-holiday or court-holiday extension applies to this statutory overall period. A target month without the corresponding date requires separate review.
3. Establish actual hearing calling or jury swearing. Preparation, serving or fixing does not itself commence that event.

Use the corresponding calendar date 18 months after an actual first appearance before December 1, 2025, or 12 months after a later first appearance. The source date determines the fixed period.

No automatic weekend, public-holiday or court-holiday extension applies to this statutory overall period. A target month without the corresponding date requires separate review.

Fictitious example

Fictional established facts. Actual first appearance on petition for this offence occurs on Thursday, October 15, 2026. Every specified source condition is established except any explicit refusal boundary.

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

Source condition 1

This is a solemn indictment proceeding for the actual offence. The section 65(1) overall period is separate from the section 65(4) custody periods.

Source condition 2

I established the accused’s actual first appearance on petition in respect of this offence. Arrest, a later petition, full committal or a different charge does not replace that event.

Source condition 3

The actual first appearance occurred in 2024 through 2028. First appearances before the end of November 30, 2025 retain the seventeen-month hearing and eighteen-month trial periods under SSI 2025/101 regulation 2(1). Later appearances use eleven or twelve months.

Source condition 4

No warrant for apprehension following failure to appear displaces section 65(1) under subsection (2). No actual subsection (3) extension or different order changes this ordinary period.

Source condition 5

No time is excluded under section 65(10) for qualifying lawful custody outside Scotland. The calculator does not infer custody, sentence, interruption, transfer or any excluded interval.

Source condition 6

The selected High Court or sheriff indictment route actually applies. A dispensed High Court preliminary hearing under section 72B cannot use the preliminary-hearing branch.

Source condition 7

A preliminary hearing or first diet commences when called. Trial commences when the jury is sworn. Preparing, serving or fixing an indictment or hearing does not itself complete that event.

Source condition 8

No altered actual charge history, statutory transition or other enactment changes the ordinary source period. The result does not decide a discharge, prosecution bar, bail entitlement or lawfulness of detention.

• Only the applicable ordinary or saved section 65(1) overall period from the actual first appearance on petition. Any extension, excluded foreign custody, failure-to-appear warrant, dispensed preliminary hearing or historical regime outside the supported window requires separate review. This does not determine prosecution competence, discharge, bail or lawful detention.
• No. Section 65(1) uses the actual first appearance on petition in respect of the offence. Full committal belongs to the distinct custody clocks. A later petition or another charge does not automatically restart the overall period.

• This is a solemn indictment proceeding for the actual offence. The section 65(1) overall period is separate from the section 65(4) custody periods.
• I established the accused’s actual first appearance on petition in respect of this offence. Arrest, a later petition, full committal or a different charge does not replace that event.
• The actual first appearance occurred in 2024 through 2028. First appearances before the end of November 30, 2025 retain the seventeen-month hearing and eighteen-month trial periods under SSI 2025/101 regulation 2(1). Later appearances use eleven or twelve months.
• No warrant for apprehension following failure to appear displaces section 65(1) under subsection (2). No actual subsection (3) extension or different order changes this ordinary period.
• No time is excluded under section 65(10) for qualifying lawful custody outside Scotland. The calculator does not infer custody, sentence, interruption, transfer or any excluded interval.
• The selected High Court or sheriff indictment route actually applies. A dispensed High Court preliminary hearing under section 72B cannot use the preliminary-hearing branch.
• A preliminary hearing or first diet commences when called. Trial commences when the jury is sworn. Preparing, serving or fixing an indictment or hearing does not itself complete that event.
• No altered actual charge history, statutory transition or other enactment changes the ordinary source period. The result does not decide a discharge, prosecution bar, bail entitlement or lawfulness of detention.
• Only the applicable ordinary or saved section 65(1) overall period from the actual first appearance on petition. Any extension, excluded foreign custody, failure-to-appear warrant, dispensed preliminary hearing or historical regime outside the supported window requires separate review. This does not determine prosecution competence, discharge, bail or lawful detention.