Section 2 Amendment of Act of Adjournal (Consolidation) 1988

(1)

The Act of Adjournal (Consolidation) 1988^f1 shall be amended in accordance with the following sub-paragraphs.

(2)

After rules 57(2) and 107(2) (evidence on commission), insert the following sub-paragraph:–

“(3)

An application under this rule in relation to section 32(1)(b)(i) of the 1980 Act (examination of witness ill or infirm) shall be accompanied by an appropriate medical certificate duly certified on soul and conscience by a qualified medical practitioner.”.

(3)

In rule 131 (intimation to Crown of abandonment)–

(a)

in the heading, omit the words “to Crown”; and

(b)

after the word “minute” where it last occurs, insert the words “; and, the Clerk of Justiciary shall, where the minute is lodged with him, notify immediately the clerk of court.”.

(4)

In rule 134(2) (intimation of determination of appeal), after the word “refused”, insert the words “or abandoned”.

(5)

In Schedule 1, in Forms 28A, 28B, 28C and 56–

(a)

for paragraph (3) where it first occurs, substitute the following paragraph:–

“3

That M.N. residing at … is a witness whose evidence the said A.B. intends to adduce in the course of the said trial, is unable to attend the trial diet by reason of being ill or infirm as appears from the medical certificate produced herewith [or alternatively is not ordinarily resident in, and is, at the time of the trial diet unlikely to be present in, the United Kingdom, Channel Islands or Isle of Man]”;

(b)

in paragraph (3) where it second occurs, after the word “witness” insert the words “within the United Kingdom, Channel Islands or Isle of Man”.

Annotations

Footnotes

f1: S.I. 1988/110.