OpenLegislation

Rule 15.8 Clerk to give notice of date of hearingI1

Scotland

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

(1)

Where the High Court fixes the date for the hearing of an appeal F1, or fixes the date for a hearing in chambers of an application under section 111(2) of the Act of 1995 (application to extend time) and makes a direction under section 111(4) of the Act of 1995 (parties to be present), the Clerk of Justiciary shall give notice to the Crown Agent and to the solicitor of the convicted person, or to the convicted person himself if he has no known solicitor; and the appellant or applicant shall, within seven days before the hearing, lodge three copies (typed or printed) of the appeal or application for the use of the court.

(2)

Where the powers of the court are to be exercised by a single judge under section 103(5) of the Act of 1995 (powers exerciseable by single judge), a copy of the application to be determined shall be lodged for the use of the judge.

(3)

A notice by the Clerk of Justiciary to the Secretary of State for the purposes of section 117(4) of the Act of 1995 (notice that appellant or applicant be present at a diet) shall be in Form 15.8.

Annotations

Textual amendments

F1

Words in Sch. 2 rule 15.8(1) substituted (29.5.2017) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2017 (S.S.I. 2017/144), paras. 1(2), 2(5)

Commencement

I1

Sch. 2 rule 15.8 in force at 1.4.1996, see para. 1(1)