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Rule 14.10 Issue of extract convictionsI1

Scotland

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

(1)

Subject to the following paragraphs, no extract of a conviction shall be issued during the period of four weeks after the day on which the conviction took place.

(2)

An extract of a conviction may be issued at any time where it is required as a warrant for the detention of the person convicted under any sentence which shall have been pronounced against him.

(3)

In the event of—

(a)

an appeal under section 108 (Lord Advocate’s appeal against sentence) F1or section 210F(3) (prosecutor’s appeal against refusal to make an order for lifelong restriction),

(b)

an intimation of intention to appeal under section 109(1), or

(c)

a note of appeal under section 110 in respect of an appeal under section 106(1)(b) (appeal against sentence passed on conviction),

of the Act of 1995 being lodged, no extract of a conviction shall be issued until such appeal, if it is proceeded with, is determined.

(4)

Where an accused is convicted on indictment in the sheriff court of any crime or offence and an extract of that conviction is subsequently required in evidence, such extract shall be issued at any time by the clerk of the court having the custody of the record copy of the indictment although the plea of the accused may have been taken and the sentence on him pronounced in another court.

Annotations

Textual amendments

F1

Words in Sch. 2 rule 14.10(3)(a) inserted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(2)

Commencement

I1

Sch. 2 rule 14.10 in force at 1.4.1996, see para. 1(1)