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Section 5 Application

Original text. Later amendments are not shown.

(1)

An application to the sheriff made by an accused under section 9(1) of the 1980 Act for warrant to cite any person to appear before the sheriff in chambers for precognition on oath by the accused or his solicitor shall be made—

(a)

to the sheriff in whose sheriffdom the proceedings in respect of which the accused seeks that person’s precognition have been commenced;

(b)

by way of petition in the form set out in Form 1 or 2, whichever is appropriate, of Schedule 1.

(2)

On an application being made to the sheriff under paragraph (1), he shall—

(a)

order intimation of the application to be made to the procurator fiscal;

(b)

fix a diet for a hearing of the application.