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Paragraph 36.9 Proceedings before a nominated courtF1

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

(1)

In proceedings before a nominated court–

(a)

the procurator fiscal or Crown counsel shall participate in any hearing;

(b)

the prosecutor of the requesting country mentioned in the request under section 13(1) of the Act of 2003 (request for assistance from overseas authorities) may participate in any hearing;

(c)

where the request under section 13(1) of the Act of 2003 originates from current criminal proceedings any party to or persons with an interest in those proceedings may attend and, with the leave of the court, participate in any hearing;

(d)

a judge or investigating magistrate in the current criminal proceedings may participate in any hearing;

(e)

a lawyer or person with a right of audience from the requesting country who represents any party to the current criminal proceedings may participate in any hearing;

(f)

a solicitor or counsel instructed by any party may participate in any hearing;

(g)

any other person may, with the leave of the court, participate in any hearing;

(h)

a shorthand writer may be present to record the proceedings; and

(i)

the proceedings shall be in private.

(2)

Where any person applies for leave to participate in any hearing the court shall, in determining such application, consider any relevant representations made by the court or authority making the request under section 13(1).

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)