OpenLegislation

Paragraph 23A.1 Application for television link evidence ...F1F5

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An application to the court by the prosecutor or the defence under section 273(2) F2or section 273A(2) of the Act of 1995 shall be by petition in Form 23A.1–A F3....

(F41A)

A petition referred to in paragraph (1) must be accompanied—

(a)

subject to paragraph (b), by a letter of request in Form 23A.1-B; or

(b)

where the letter of request is to be sent to a member State of the European Union, by a letter of request in Form 23A.1-C.

(2)

Such an application made to the High Court may be disposed of by a single judge of that court.

(3)

The High Court or the sheriff, as the case may be, shall–

(a)

order intimation on the other party or parties to the proceedings;

(b)

subject to paragraph (4), allow such time for lodging answers as appears appropriate; and

(c)

fix a diet for hearing the petition and answers (if any).

(4)

The High Court or the sheriff as the case may be, may dispense with answers to the petition on cause shown.

Annotations

Textual amendments

F1

Sch. 2 Ch. 23A inserted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), paras. 1(1), 2(3)

F2

Words in Sch. 2 rule 23A.1(1) inserted (22.4.2013) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2013 (S.S.I. 2013/72), paras. 1(2), 3(1)

F3

Words in Sch. 2 rule 23A.1(1) omitted (1.7.2024) by virtue of Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Mutual Legal Assistance) 2024 (S.S.I. 2024/159), paras. 1(2), 2(3)(a)

F4

Sch. 2 rule 23A.1(1A) inserted (1.7.2024) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Mutual Legal Assistance) 2024 (S.S.I. 2024/159), paras. 1(2), 2(3)(b)

F5

Words in Sch. 2 rule 23A heading omitted (22.4.2013) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2013 (S.S.I. 2013/72), paras. 1(2), 3(3)

Notes on Chapter 23A

Textual amendments

F2

Words in Sch. 2 Ch. 23A heading omitted (22.4.2013) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2013 (S.S.I. 2013/72), paras. 1(2), 3(3)