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Paragraph 42.3 Disputed or additional documentsF1

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

(1)

If F2a life prisoner who has received intimation of a punishment part hearing in terms of rule 42.2(1) wishes to—

(a)

dispute the terms of any document, or a part of any document, sent to him by the Scottish Ministers in terms of F3paragraph 9 of Part 1 F4or paragraph 56 of Part 4 of the Schedule to the 2001 Act; or

(b)

lodge any other document,

he shall, not later than 21 days before the date of the punishment part hearing, give written intimation to the Deputy Principle Clerk of Justiciary.

(2)

A life prisoner who gives intimation in terms of paragraph (1) of this rule shall, at the same time, specify the grounds upon which he seeks to—

(a)

dispute the document or part of the document; or

(b)

lodge any other document,

and shall lodge any document referred to in, or to which he intends to refer, in support of such grounds.

(3)

None of the matters mentioned in paragraph (1) of this rule may be raised after the time specified in that paragraph.

Annotations

Textual amendments

F1

Sch. 2 Ch. 42 inserted (21.12.2001) by Act of Adjournal (Criminal Procedural Rules Amendment) (Convention Rights (Compliance) (Scotland) Act 2001) 2001 (S.S.I. 2001/479), paras. 1(b), 2

F2

Words in Sch. 2 rule 42.3 substituted (4.3.2002) by Act of Adjournal (Criminal Procedure Rules Amendment) (Convention Rights (Compliance) (Scotland) Act 2001) 2002 (S.S.I. 2002/137), paras. 1(b), 2(3)

F3

Words in Sch. 2 rule 42.3(1)(a) substituted (4.3.2002) by Act of Adjournal (Criminal Procedure Rules Amendment) (Convention Rights (Compliance) (Scotland) Act 2001) 2002 (S.S.I. 2002/137), paras. 1(b), 2(4)(a)

F4

Words in Sch. 2 rule 42.3(1)(a) inserted (4.3.2002) by Act of Adjournal (Criminal Procedure Rules Amendment) (Convention Rights (Compliance) (Scotland) Act 2001) 2002 (S.S.I. 2002/137), paras. 1(b), 2(4)(b)