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Rule 22.15 Applications for leave for accused to be present at commissionF1F2C1C2

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

(1)

An application in writing under section 271I(3) of the Act of 1995 (application for leave for accused to be present in the room during commission) shall be in Form 22.15.

(2)

The application shall be lodged with the clerk of court and served on every other party by the applicant.

(3)

On receipt of an application under paragraph (2), the clerk of court shall place the application before a judge in chambers.

(4)

On considering the application in the absence of parties, or of any person acting on their behalf, the judge shall—

(a)

grant leave as requested; or

(b)

fix a diet for a hearing of the application; and

(c)

make an order for service of the application with the date on all parties and to the governor of any institution in which the accused is detained.

(5)

Where an order under section 271I(3) of the Act of 1995 (leave for accused to be present in the room) is granted, it shall be intimated by the clerk of court to all parties unless the party was present at the hearing at which the order was made.

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 22.15 applied (26.3.2007) by Act of Adjournal (Criminal Procedure Rules Amendment) (Animal Health and Welfare etc.) 2007 (S.S.I. 2007/238), paras. 1(1), 2(2)

C2

Sch. 2 rule 22.15 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)(o)