Paragraph 22.3 Intimation of an order under section 271AF1

(1)

An order—

(a)

under section 271A(5)(a) of the Act of 1995 authorising the use of a special measure;

(b)

under section 271A(5)(b) of that Act authorising the giving of evidence without the benefit of any special measures;

(c)

appointing a F2vulnerable witness notice to be disposed of—

(i)

under section 271A(5A)(a) of that Act, at a preliminary hearing; or

(ii)

under section 271A(5A)(b) of that Act, at a first diet; or

(d)

under section 271A(5A)(c) or (7)(b)(ii) of that Act, appointing a diet to be held before the trial diet; or

(e)

under section 271A(9) of that Act (order in relation to special measures after hearing),

may be signed by the clerk of court.

(2)

An order mentioned in paragraph (1) shall be intimated by the clerk of court to all parties, unless the party was present at the hearing at which the order was made, and in the case of an order under paragraph (1)(c) or (d), to the governor of any institution in which the accused is detained.

Annotations

Textual amendments

F1: Sch. 2 Ch. 22 substituted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), paras. 1(1), 2(6) (with para. 2(2))
F2: Words in Sch. 2 rule 22.3(1)(c) substituted (with effect in accordance with para. 1(3) of the amending S.S.I.) by Act of Adjournal (Criminal Procedure Rules 1996 and Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015 Amendment) (Miscellaneous) 2015 (S.S.I. 2015/295), paras. 1(2), 4(6)