# Act of Adjournal (Consolidation) 1988, Section 51: Application


(1) An application to the court by the prosecutor or the defence under section 32(1)(a) of the 1980 Act for the issue of a letter of request shall be made by way of petition in the appropriate form set out in Form 26 of Schedule 1.
(2) An application so made shall be lodged—
(a) where it relates to proceedings in the High Court or to proceedings in respect of which the court where the trial is to take place is not yet known, with the Clerk of Justiciary;
(b) where it relates to proceedings in the sheriff court, with the sheriff clerk,
and shall be accompanied by a proposed letter of request including the matters set out in Form 27 of Schedule 1.
(3) An application made to the High Court may be disposed of by a single judge.
(4) The High Court or the sheriff shall on the application being placed before them—
(a) order intimation on the other party or parties to the proceedings; and
(b) subject to paragraph (5), allow such time for lodging answers as appears appropriate; and
(c) fix a diet for hearing the application and answers (if any).
(5) The High Court or the sheriff may dispense with answers to an application under this rule on cause shown.

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Source: https://www.legislation.gov.uk/uksi/1988/110/section/51 (the official version)
Page: https://openlegislation.uk/act-of-adjournal-consolidation-1988/section-51
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.