Paragraph 19D.4 Preparation of a referenceF1

(1)

After hearing parties, where the court grants an application for a reference or decides to make a reference on its own initiative, the court is to—

(a)

give reasons for that decision and cause those reasons to be recorded in the minute of proceedings;

(b)

continue the proceedings from time to time as necessary for the purposes of the reference to the High Court.

(2)

The reference is to be drafted—

(a)

in Form 19D.4 unless the court directs otherwise;

(b)

in accordance with directions given by the court to the parties about the manner in which and by whom the reference is to be drafted and adjusted.

(3)

The reference may be further adjusted to take account of any adjustments required by the court.

(4)

After approval by the court, the Clerk of the Sheriff Appeal Court must transmit the reference to the Clerk of Justiciary, together with a certified copy of—

(a)

the minute of proceedings;

(b)

the complaint;

(c)

the appeal document.

Annotations

Textual amendments

F1: Sch. 2 Pt. 4A inserted (22.9.2015) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015 (S.S.I. 2015/245), paras. 1(2), 3 (as amended by S.S.I. 2015/295, paras. 1(2), 6(3))