Statutory Instrument 1997 No. 63 (S.3)

Act of Adjournal (Criminal Procedure Rules Amendment) 1997

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© Crown Copyright 1997

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     " 18.4  - (1) Where the record of proceedings or minute of proceedings or orders of the Court referred to in paragraph (1) or (2) are for whatever reason unavailable to the Court, it shall be competent for the Court to proceed with a copy certified as a true copy by the clerk of court.".

    (3) After rule 27.3 (form of notice in relation to certain evidential certificates) insert the following rule:-

" Notices under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995
     27 .4  - (1) A notice under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 (notice disputing that condition is satisfied and requiring prosecutor to prove such) shall be in Form 27.4.

    (2) A notice by an accused under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 (notice disputing condition specified in section 16A(3)) may be served on the prosecutor by any of the methods of service in rule 2.3 (general provisions for service).

    (3) At the same time as he serves a notice on the prosecutor under paragraph (2), the accused shall serve a copy of that notice on any co-accused or his solicitor.

    (4) An accused shall serve a notice under paragraphs (2) or (3), no later than 21 days of trial.".

    (4) In the Appendix, after Form 27.3, insert Form 27.4 in the Schedule to this Act of Adjournal.

Rodger of Earlsferry
Lord Justice General I.P.D.

Edinburgh
10 January 1997

(a) provide that the clerk may certify minutes of proceedings where these are unavailable to the court (paragraph 2(2));

(b) provide for a form of notice to be served by the accused on the prosecutor disputing that a condition is satisfied and requiring the prosecutor to prove such in terms of section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 (paragraph 2(3)).



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Notes:

[1] 1995 c.39; section 16A was inserted by the Sexual Offences (Conspiracy and Incitement) Act 1996 (c.29), section 6. back

[2] 1995 c.46. back

[3] S.I. 1996/513. back

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ISBN 0 11 055513 9