Paragraph 36.4 Applications for requests for assistanceF1

An application under section 7(1) of the Act of 2003 (application for request for assistance) shall–

(a)

be in Form 36.4–A;

(b)

be lodged with the Clerk of Justiciary or sheriff clerk, as the case may be;

(c)

state the particulars of the offence which it is alleged has been committed or the grounds on which it is suspected that an offence has been committed;

(d)

state whether proceedings in respect of the offence have been instituted or the offence is being investigated; and

(F2e)

include particulars of the assistance requested and—

(i)

subject to paragraph (b), a draft request in Form 36.4-B; or

(ii)

where the request is to be sent to a member State of the European Union, a draft request in Form 36.4-C.

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)
F2: Sch. 2 rule 36.4(e) 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)(b)

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)