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Paragraph 37AA.5 Statement of informationF1

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

(1)

This rule applies where the court ordains the prosecutor to give a statement of information or further statement of information, as the case may be, under any of the following provisions of the Act of 2002:–

(a)

subsection (1) of section 101 (statement of information);

(b)

subsection (5) of that section; or

(c)

paragraph (b) of subsection (2) of section 110 (information).

(2)

The prosecutor shall give a statement referred to in the foregoing paragraph within such period as the court determines.

(F23)

At the same time as giving a statement under paragraph (2) the prosecutor shall—

(a)

serve a copy on the accused; and

(b)

make arrangements, where applicable, for the accused to view, and copy if required, any documents that the prosecutor intends to rely upon.

(4)

An accused who gives an indication under subsection (1) of section 102 of the Act of 2002 (accused’s response to statement of information) F3(called the “response”) shall do so in writing to the Clerk of Court.

(F45)

At the same time as giving a response under paragraph (4), the accused shall serve a copy on the prosecutor.

Annotations

Textual amendments

F1

Sch. 2 Ch. 37AA substituted for Sch. 2 Ch. 37 (24.2.2003 for specified purposes, 24.3.2003 in so far as not already in force) by Act of Adjournal (Criminal Procedure Rules Amendment) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/120), paras. 1(1), 2(2) (with para. 3)

F2

Sch. 2 rule 37AA.5(3) substituted (5.8.2009) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Confiscation Proceedings) 2009 (S.S.I. 2009/244), paras. 1(1), 2(2)(a) (with para. 1(4))

F3

Words in Sch. 2 rule 37AA.5(4) inserted (5.8.2009) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Confiscation Proceedings) 2009 (S.S.I. 2009/244), paras. 1(1), 2(2)(b) (with para. 1(4))

F4

Sch. 2 rule 37AA.5(5) inserted (5.8.2009) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Confiscation Proceedings) 2009 (S.S.I. 2009/244), paras. 1(1), 2(2)(c) (with para. 1(4))