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Rule 22.11 Appointment of commissionerC1C2F1F2

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

(1)

On making an order under section 271A(5) or (9) of the Act of 1995 (order in relation to special measures) authorising the taking of evidence by a commissioner in accordance with section 271I of that Act, F3the High Court, the sheriff or the justice of the peace, as the case may be, shall appoint—

(a)

a commissioner to take the evidence of the vulnerable witness; and

(b)

a clerk to assist the commissioner in the carrying out of his duties,

and shall dispense with interrogatories.

(2)

On the appointment of a commissioner under paragraph (1), F4the clerk of court shall send the order to the commissioner or his clerk with such other relative documents as the court may direct.

(3)

On sending the order to the commissioner or his clerk under paragraph (2), F5the clerk of court shall note on the record copy of the indictment or in the minute of proceedings—

(a)

the order and the documents sent;

(b)

the names of the persons to whom the order and documents were sent;

(c)

the date on which the order and documents were sent.

Annotations

Textual amendments

F1

Sch. 2 Ch. 22 substituted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), paras. 1(1), 2(6) (with para. 2(2))

F2

Sch. 2 rules 22.11–22.15 inserted (30.11.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) (Vulnerable Witnesses (Scotland) Act 2004) (Evidence on Commission) 2005 (S.S.I. 2005/574), paras. 1(1), 2(3) (with para. 2(2))

F3

Words in Sch. 2 rule 22.11(1) substituted (23.12.2015) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 6) (Special Measures in the Justice of the Peace Court) 2015 (S.S.I. 2015/443), paras. 1(2), 2(3)(a) (with para. 3)

F4

Words in Sch. 2 rule 22.11(2) substituted (23.12.2015) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 6) (Special Measures in the Justice of the Peace Court) 2015 (S.S.I. 2015/443), paras. 1(2), 2(3)(b) (with para. 3)

F5

Words in Sch. 2 rule 22.11(3) substituted (23.12.2015) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 6) (Special Measures in the Justice of the Peace Court) 2015 (S.S.I. 2015/443), paras. 1(2), 2(3)(b) (with para. 3)

Modifications

C1

Sch. 2 rule 22.11 applied (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(3)(g) (with para. 2(2))

C2

Sch. 2 rule 22.11 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(k)