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Rule 22.13 Video recording of commissionC1C2F1F2

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

(1)

On the carrying out of his commission in accordance with the terms of the order appointing him, or otherwise on concluding his commission, the commissioner or his clerk shall cause the tape or disc of the video recording of the commission to be sealed in an envelope or other similar container, which the commissioner shall sign and date, and on which the following information shall be endorsed—

(a)

the name of the accused;

(b)

the prosecution and court reference numbers; and

(c)

the time of commencement and of termination of the tape or disc;

which sealed envelope shall be returned, with the relative documents, to F3the clerk of court.

(2)

On the video recording and any documents being returned to him, F4the clerk of court shall—

(a)

note—

(i)

the documents returned;

(ii)

by whom the documents were returned; and

(iii)

the date on which the documents were returned;

on the record copy of the indictment or in the minute of proceedings; and

(b)

intimate what he has noted to all parties.

(3)

The seal on the envelope or container shall be broken only on the authority of F5the clerk of court.

(4)

F6The clerk of court shall only permit such access to the tape or disc for such period as may be required for the purposes of the authorisation and on expiry of that period, shall again cause the tape or disc of the video recording of the commission to be sealed, which the clerk of court shall sign, and on which the following information shall be endorsed—

(a)

the name of the accused;

(b)

the date of the commission;

(c)

the name of the commissioner;

(d)

the prosecution and court reference numbers;

(e)

the time of commencement and termination of the tape or disc;

(f)

the time and date of sealing of the tape or disc.

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 22.13(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(4) (with para. 3)

F4

Words in Sch. 2 rule 22.13(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(4) (with para. 3)

F5

Words in Sch. 2 rule 22.13(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(4) (with para. 3)

F6

Words in Sch. 2 rule 22.13(4) 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(4) (with para. 3)

Modifications

C1

Sch. 2 rule 22.13 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)(i) (with para. 2(2))

C2

Sch. 2 rule 22.13 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)(m)