Rule 2.3 General provisions for serviceI1

Scotland

(1)

Subject to the following paragraphs of this rule F1and to rule 2.3A, the citation of, or the service of any document on, a person under or by virtue of the Act of 1995, these Rules or any other enactment shall, unless otherwise provided in the relevant enactment, be effected in the same manner, with the necessary modifications, as the citation of an accused in summary proceedings under section 141 of that Act (manner of citation) or under rule 2.2 of these Rules (citation in solemn proceedings).

F2(1A)

The citation of a person to appear before the sheriff under an enactment mentioned in paragraph (1B) is to be effected in the same manner, with the necessary modifications, as the citation of an accused in summary proceedings under section 141 of the Act of 1995 (manner of citation), but—

(a)

the citation is to be signed by the sheriff clerk instead of the prosecutor;

(b)

the forms relating to the citation of an accused do not apply to such a citation.

(1B)

The enactments are—

(a)

section 256AC(1)(a) of;

(b)

section 256C(1)(a) of; and

(c)

paragraph 8(1)(a) of schedule 19A of,

the Criminal Justice Act 2003, as applied by paragraph 8(2) or (4) of schedule 1 of the Crime (Sentences) Act 1997.

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

The citation in Form 29.3 of a person to attend a diet fixed for taking his precognition on oath under section 291 of the Act of 1995 (precognition on oath of defence witnesses) shall be made by personal service on him by an officer of law acting on the instructions of the accused or his solicitor.

Annotations

Textual amendments

F1: Words in Sch. 2 rule 2.3(1) inserted (4.10.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2004 (S.S.I. 2004/434), paras. 1(1), 2(2)
F2: Sch. 2 rule 2.3(1A)(1B) inserted (31.10.2016) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 3) (Supervision Default Orders) 2016 (S.S.I. 2016/300), paras. 1(2), 2(2)
F3: Sch. 2 rule 2.3(2) omitted (27.10.2003) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(3)

Commencement

I1: Sch. 2 rule 2.3 in force at 1.4.1996, see para. 1(1)