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Section 98 Application

Original text. Later amendments are not shown.

(1)

An application to the sheriff made by an accused under section 10(1) of the 1980 Act for an order that the prosecutor shall hold an identification parade in which the accused shall be one of those constituting the parade shall be made—

(a)

to the sheriff in whose sheriffdom the proceedings in relation to which the order is sought have been commenced;

(b)

by way of petition in the form set out in Form 52 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 prosecutor;

(b)

fix a diet for a hearing of the application on the earliest practicable date;

(c)

after giving the prosecutor an opportunity to be heard at the hearing and allowing such further procedure as he thinks fit, make an order granting or refusing the application.

(3)

If—

(a)

the prosecutor is not present at the hearing of the application; and

(b)

the sheriff makes an order granting the application,

the sheriff clerk shall issue a certified copy of the order to the applicant or his solicitor.

(4)

The sheriff clerk shall record the order made by the sheriff under paragraph 2(c) in the minute of proceedings, and shall keep the petition and relative documents in his custody.