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Rule 22.12 The commissionC1C2F1F2

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

(1)

The commissioner shall, on receiving the order and documents mentioned in rule 22.11(2) (appointment of commissioner), determine the place and date of the diet for the taking the evidence of the witness to whom the order of the court relates, and shall give reasonable notice of those matters to all parties.

(2)

The commissioner may vary or revoke his determination or adjourn the taking of the evidence of the witness to such other place, at such other date and time, as he may determine.

(3)

If, in the course of the examination of a witness under this rule, any question arises as to the admissibility of any evidence, the commissioner, unless a judge or sheriff of the relevant court, shall not determine any such question but shall allow the evidence subject to all questions of competency and relevancy.

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))

Modifications

C1

Sch. 2 rule 22.12 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)(h) (with para. 2(2))

C2

Sch. 2 rule 22.12 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)(l)