{
  "url": "https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/rule-23.1",
  "json_url": "https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/rule-23.1.json",
  "legislation": "uksi/1996/513",
  "legislation_title": "Act of Adjournal (Criminal Procedure Rules) 1996",
  "legislation_url": "https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996",
  "path": "schedule/2/rule/23.1",
  "kind": "rule",
  "number": "23.1",
  "heading": "Applications for letters of request",
  "text": "(1) An application to the court by the prosecutor or the defence under section 272(1)(a) of the Act of 1995 (evidence by letter of request) for the issue of a letter of request shall be made by petition—\n(a) where the accused has appeared on petition under Part IV of the Act of 1995 (petition procedure) but an indictment has not been served on him, in Form 23.1-A presented to the High Court; or\n(b) where an indictment or a complaint has been served on the accused, in Form 23.1-B presented to the appropriate court.\n(2) A petition referred to in paragraph (1) shall—\n(a) where it relates to proceedings in the High Court or to proceedings in respect of which the court where the trial is to take place is not yet known, be lodged with the Clerk of Justiciary, or\n(b) where it relates to proceedings in the sheriff court, be lodged with the sheriff clerk ....\n(2A) A petition referred to in paragraph (1) must be accompanied—\n(a) subject to paragraph (b), by a proposed letter of request in Form 23.1-C; or\n(b) where the proposed letter of request is to be sent to a member State of the European Union, by a proposed letter of request in Form 23.1-D.\n(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) Such an application made to the High Court may be disposed of by a single judge of that court.\n(5) The High Court or the sheriff, as the case may be, shall—\n(a) order intimation on the other party or parties to the proceedings;\n(b) subject to paragraph (6), allow such time for lodging answers as appears appropriate; and\n(c) fix a diet for hearing the petition and answers (if any).\n(6) The High Court or the sheriff, as the case may be, may dispense with answers to the petition on cause shown.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 2 rule 23.1(2) omitted (1.7.2024) by virtue of Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Mutual Legal Assistance) 2024 (S.S.I. 2024/159), paras. 1(2), 2(2)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 2 rule 23.1(2A) inserted (1.7.2024) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Mutual Legal Assistance) 2024 (S.S.I. 2024/159), paras. 1(2), 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 2 rule 23.1(3) omitted (26.4.2004) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), paras. 1(1), 2(2)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 rule 23.1 in force at 1.4.1996, see para. 1(1)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words omitted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/513/schedule/2/rule/23.1",
    "retrieved_at": "2026-10-29T12:50:48.839518+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}