Section 16 Verbatim record

(1)

The prosecutor shall provide for a verbatim record to be made by a shorthand writer under section 20B(1) if he provides a shorthand writer who is either—

(a)

a person recognised by a court as a shorthand writer for the purposes of sections 274^f1 and 276 of the 1975 Act or rule 73 of the First Schedule to the Sheriff Courts (Scotland) Act 1907^f2; or

(b)

a person other than a person mentioned in sub-paragraph (a) skilled in the writing of shorthand (whether or not in the service of the prosecutor),

and in proceedings where averbatim record is made by a person mentioned in sub-paragraph (b), a tape-recorded record of the proceedings is also made by the sheriff clerk in accordance with the provisions of rule 17(1) and (2).

(2)

The declarationde fideli administratione officii shall be administered to the shorthand writer at the commencement of the proceedings.

(3)

The name and designation of the shorthand writer and the making of a declaration by him shall be recorded in the record of proceedings.

(4)

The shorthand writer shall record the whole proceedings relating to—

(a)

the emitting by the accused of a declaration under section 20;

(b)

any questions the accused is asked and answers given including declining to answer, under section 20A,

and, subject to paragraph (5), make a transcript of those proceedings.

(5)

The shorthand writer shall not include in the transcript he makes of the proceedings any questions disallowed by the sheriff and any answers to such questions.

(6)

The shorthand writer shall, in addition to the transcript of proceedings he makes under paragraph (4), also make such further transcript of the record made by him as either the judge at a preliminary diet or the High Court of Justiciary on an appeal may direct for the purposes of considering an application under section 151(2)^f3.

(7)

The shorthand writer shall, as soon as possible after the conclusion of the proceedings, deliver to the prosecutor the transcript signed and certified by him in accordance with section 20B(2).

Annotations

Footnotes

f1: Section 274 was amended by the 1980 Act, Schedule 8.
f2: 1907 c. 51; the First Schedule was substituted by S.I. 1983/747
f3: Section 151 was substituted by the 1980 Act, section 6(3).