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Paragraph 36.11 Court record of proceedings before a nominated courtF1

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

(1)

Where a court receives evidence in proceedings by virtue of a nomination under section 15(3) (nomination to receive evidence), section 30(3) (nomination to facilitate the giving of evidence by live television link), or section 31(4) (nomination to facilitate the giving of evidence by telephone) of the Act of 2003, the Clerk of Justiciary or sheriff clerk, as the case may be, shall record in the minute of proceedings–

(a)

particulars of the proceedings; and

(b)

without prejudice to the generality of (a) above–

(i)

which persons were present;

(ii)

which of those persons was represented and by whom; and

(iii)

whether any of those persons was denied the opportunity of cross-examining a witness as to any part of his testimony.

(2)

Save as authorised by the Lord Advocate or, with the leave of the court, the minute of proceedings mentioned in paragraph (1) above shall not be open to inspection by any person.

(3)

The Clerk of Justiciary or sheriff clerk, as the case may be, shall send to the Lord Advocate and to the external authority a certified copy of the minute of proceedings.

(4)

Where the court has been nominated under section 15(3) of the Act of 2003 the Clerk of Justiciary or sheriff clerk, as the case may be, shall comply with paragraph 6 of Schedule 1 to the Act of 2003 with regard to the forwarding of evidence received by the court.

Annotations

Textual amendments

F1

Sch. 2 Ch. 36 substituted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), paras. 1(1), 2(4)

Notes on Chapter 36

Textual amendments

F2

Word in Sch. 2 Ch. 36 heading substituted (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(4)(a)