When must the prosecution serve the indictment in a Scottish continuous-custody case?

Section 65(4) uses 80 ordinary calendar custody days, or 260 saved days where actual full committal precedes the end of November 30, 2025. Count the full-committal day as day one only where actual detention under that warrant is uninterrupted. The exact service, hearing calling or jury swearing must occur within its applicable period.

Responsible actor. Prosecutor and accused checking actual continuous detention under the committal warrant.

Establish the actual full committal for this offence with uninterrupted detention under that warrant beginning on that day.

I established the actual full committal until liberated in due course of law for this offence and actual detention under that warrant from the full-committal day. Arrest or the first petition appearance does not replace full committal.

Only the applicable ordinary or saved section 65(4) continuous-custody period. The actual full-committal day counts as day one. Any interruption, other detention basis, extension, appeal, dispensed preliminary hearing or altered charge history requires separate review. This does not decide prosecution competence, bail, lawful detention or release.

1. Count the actual full-committal day as day one. The source gives 260 days for actual full committal before December 1, 2025, or 80 days for later committal. Count every consecutive calendar day. Do not count from arrest or first appearance on petition.
2. Weekends and court holidays do not automatically extend this statutory custody period. An actual extension or interrupted detention requires separate review.
3. Indictment service must be legally effective under sections 65(9)(a) and 66. A preliminary hearing or first diet commences when called. Trial commences when the jury is sworn. Preparation, posting, fixing a hearing or starting evidence does not replace the applicable act.

Count the actual full-committal day as day one. The source gives 260 days for actual full committal before December 1, 2025, or 80 days for later committal. Count every consecutive calendar day. Do not count from arrest or first appearance on petition.

Weekends and court holidays do not automatically extend this statutory custody period. An actual extension or interrupted detention requires separate review.

Fictitious example

Fictional established facts. Full committal for this offence and uninterrupted detention under that warrant begin on Thursday, October 15, 2026. Every source condition is established except the explicit refusal boundary.

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

Source condition 1

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

Source condition 2

I established the actual full committal until liberated in due course of law for this offence and actual detention under that warrant from the full-committal day. Arrest or the first petition appearance does not replace full committal.

Source condition 3

Detention under this actual committal is uninterrupted throughout the counted interval. No release, bail, escape, separate custodial sentence, hospital basis, different warrant or other legal basis interrupts or replaces it. A cumulative or interrupted detention history requires separate review.

Source condition 4

Full committal occurs in 2024 through 2028. SSI 2025/101 regulation 2(2) saves the paragraph 22 modification where actual full committal precedes the end of November 30, 2025. Later committals use the ordinary 80, 110 and 140-day periods.

Source condition 5

No actual section 65(5) extension, section 65(8) appeal or different order changes the ordinary or saved period. No other enactment or changed actual charge history displaces the selected custody rule.

Source condition 6

The selected High Court or sheriff indictment route applies. A served indictment is required for the hearing and trial branches. A dispensed High Court preliminary hearing under section 72B cannot use the preliminary-hearing branch.

Source condition 7

Indictment service must be legally effective under sections 65(9)(a) and 66. A preliminary hearing or first diet commences when called. Trial commences when the jury is sworn. Preparation, posting, fixing a hearing or starting evidence does not replace the applicable act.

Source condition 8

The result identifies only the relevant continuous-custody period. It does not determine prosecution competence, bail entitlement, lawful detention or any release decision. Those consequences and any actual extension require separate review.

• Only the applicable ordinary or saved section 65(4) continuous-custody period. The actual full-committal day counts as day one. Any interruption, other detention basis, extension, appeal, dispensed preliminary hearing or altered charge history requires separate review. This does not decide prosecution competence, bail, lawful detention or release.
• Section 65(1) runs separately from first appearance on petition. Section 65(4) counts actual detention by virtue of full committal. An intervening sentence, release or different custody basis can change the count. This calculator does not infer those intervals.

• This is the actual solemn indictment proceeding for this offence. The section 65(4) custody period is separate from the section 65(1) overall prosecution period.
• I established the actual full committal until liberated in due course of law for this offence and actual detention under that warrant from the full-committal day. Arrest or the first petition appearance does not replace full committal.
• Detention under this actual committal is uninterrupted throughout the counted interval. No release, bail, escape, separate custodial sentence, hospital basis, different warrant or other legal basis interrupts or replaces it. A cumulative or interrupted detention history requires separate review.
• Full committal occurs in 2024 through 2028. SSI 2025/101 regulation 2(2) saves the paragraph 22 modification where actual full committal precedes the end of November 30, 2025. Later committals use the ordinary 80, 110 and 140-day periods.
• No actual section 65(5) extension, section 65(8) appeal or different order changes the ordinary or saved period. No other enactment or changed actual charge history displaces the selected custody rule.
• The selected High Court or sheriff indictment route applies. A served indictment is required for the hearing and trial branches. A dispensed High Court preliminary hearing under section 72B cannot use the preliminary-hearing branch.
• Indictment service must be legally effective under sections 65(9)(a) and 66. A preliminary hearing or first diet commences when called. Trial commences when the jury is sworn. Preparation, posting, fixing a hearing or starting evidence does not replace the applicable act.
• The result identifies only the relevant continuous-custody period. It does not determine prosecution competence, bail entitlement, lawful detention or any release decision. Those consequences and any actual extension require separate review.
• Only the applicable ordinary or saved section 65(4) continuous-custody period. The actual full-committal day counts as day one. Any interruption, other detention basis, extension, appeal, dispensed preliminary hearing or altered charge history requires separate review. This does not decide prosecution competence, bail, lawful detention or release.