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Scotland court deadlines

When does the ordinary 40-day continuous-custody period end?

Section 147 ordinarily limits detention in respect of a summary complaint to 40 days after the complaint is brought in court, unless the trial commences within that period. This calculation is confined to uninterrupted detention from that event in a current complaint. Trial commencement means the first witness is sworn. Actual extensions and the consequences of expiry require their own facts.

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Period
40 calendar days after the exact actual event
Trigger
actual bringing of the complaint in court, with uninterrupted detention in respect of that complaint
Rule
Criminal Procedure (Scotland) Act 1995 s 147
Criminal Procedure (Scotland) Act 1995 s 147

Current official statutory text and maintained criminal rules. Supported events and endpoints are within 2024 through 2028. Older saved complaints and different actual orders require separate review.

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When does the ordinary 40-day continuous-custody period end?

Section 147 ordinarily limits detention in respect of a summary complaint to 40 days after the complaint is brought in court, unless the trial commences within that period. This calculation is confined to uninterrupted detention from that event in a current complaint. Trial commencement means the first witness is sworn. Actual extensions and the consequences of expiry require their own facts.

Responsible actor. Person establishing the actual statutory period.

Establish actual bringing of the complaint in court, with uninterrupted detention in respect of that complaint.

This is summary detention in respect of the identified complaint under section 147. The actual complaint was brought in court within the supported 2024 through 2028 window. An older saved complaint or solemn committal uses a different regime.

This is the ordinary 40-day continuous-detention period under section 147. It does not determine current detention lawfulness, entitlement to release or any consequence of expiry.

Criminal Procedure (Scotland) Act 1995 s 147

How does this provision count time?

  1. Exclude the actual event day. Apply the fixed 40-day period.
  2. Calendar days include weekends and holidays. This fixed statutory limb does not infer a closed-day extension.
  3. Check the actual statutory conditions and completion route.

Exclude the actual event day. Count 40 calendar days.

Calendar days include weekends and holidays. This fixed statutory limb does not infer a closed-day extension.

Criminal Procedure (Scotland) Act 1995 s 147

What do independently checked examples show?

Fictitious example

Fictional established facts. The complaint is actually brought in court on Thursday, October 15, 2026, and detention in respect of it is continuous.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsFictional established facts. The complaint is actually brought in court on Thursday, October 15, 2026, and detention in respect of it is continuous. Exclude the actual event day. Count 40 calendar days to Tuesday, November 24, 2026. No automatic weekend or holiday extension applies to this fixed statutory limb.Tuesday, November 24, 2026
Example 2. Material procedural branchFictional established facts. The complaint is actually brought in court on Thursday, February 29, 2024, and detention in respect of it is continuous. Exclude the actual event day. Count 40 calendar days to Tuesday, April 9, 2024. No automatic weekend or holiday extension applies to this fixed statutory limb.Tuesday, April 9, 2024
Example 3. Closed-day boundaryFictional established facts. The complaint is actually brought in court on Tuesday, October 13, 2026, and detention in respect of it is continuous. Exclude the actual event day. Count 40 calendar days to Sunday, November 22, 2026. No automatic weekend or holiday extension applies to this fixed statutory limb.Sunday, November 22, 2026
Example resultTuesday, November 24, 2026

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

Try these dates in the calculator

Which conditions and exceptions apply?

Source condition 1
This is summary detention in respect of the identified complaint under section 147. The actual complaint was brought in court within the supported 2024 through 2028 window. An older saved complaint or solemn committal uses a different regime.
Source condition 2
Detention in respect of this complaint is uninterrupted from the complaint brought in court. There is no bail or liberation interval, later first detention, different detention basis, superseded complaint or cumulative-custody question.
Source condition 3
I established the actual complaint-bringing date. Arrest, police custody, petition, full committal and another remand event are not substituted.
Source condition 4
For section 147, trial commencement means the first witness is sworn. A calling, plea, hearing appointment or indictment service does not establish that event.
Source condition 5
No actual section 147 extension, appeal decision or other applicable order changes this ordinary period. The calculation does not grant relief or determine the legal consequences of expiry.
Criminal Procedure (Scotland) Act 1995 s 147
  • This is the ordinary 40-day continuous-detention period under section 147. It does not determine current detention lawfulness, entitlement to release or any consequence of expiry.
  • The actual source event and statutory limb control. Another hearing, later correspondence or a different procedural step does not automatically start the same clock.

What must the responsible actor complete?

Questions about this procedure

When does the ordinary 40-day continuous-custody period end?

When does the ordinary 40-day continuous-custody period end?

Section 147 ordinarily limits detention in respect of a summary complaint to 40 days after the complaint is brought in court, unless the trial commences within that period. This calculation is confined to uninterrupted detention from that event in a current complaint. Trial commencement means the first witness is sworn. Actual extensions and the consequences of expiry require their own facts.

Criminal Procedure (Scotland) Act 1995 s 147

Does a hearing appointment count as trial commencement?

No. Section 147(4) treats the trial as commencing when the first witness is sworn. A calling, plea or scheduled hearing does not establish that event.

Criminal Procedure (Scotland) Act 1995 s 147

What happens on a weekend or court holiday?

Calendar days include weekends and holidays. This fixed statutory limb does not infer a closed-day extension.

Criminal Procedure (Scotland) Act 1995 s 147

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
Criminal Procedure (Scotland) Act 1995 s 147Check the identified procedure, event, counting rule or qualification
SSI 2023/360 regulations 2(b) and 4. Summary extension expiry and saved older complaintsCheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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