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Rule 22.14 Custody of video recording and documentsC1C2F1F2

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

(1)

F3The clerk of court shall keep the tape or disc of the video recording and documents referred to in rule 22.13(1) (video record of evidence on commission) in his custody.

(2)

Where the tape or disc of the video recording of the evidence of a witness is in the custody of F4the clerk of court under this rule and where intimation has been given to that effect under rule 22.13(2)(b) to all the parties, the name and address of the witness and the tape or disc of the video recording of his or her evidence shall be treated as being within the knowledge of those parties; and no party shall be required, notwithstanding any enactment to the contrary, to include the tape or disc of the video recording of that witness’s evidence in any list of productions.

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 22.14(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(5) (with para. 3)

F4

Words in Sch. 2 rule 22.14(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(5) (with para. 3)

Modifications

C1

Sch. 2 rule 22.14 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)(j) (with para. 2(2))

C2

Sch. 2 rule 22.14 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)(n)