Rule 23.4 Transmission of letters of requestI1

Scotland

(1)

On—

(a)

the High Court or the sheriff, as the case may be, pronouncing an order under rule 23.2(2), or

(b)

in a case where a translation requires to be lodged, on the lodging of the translation,

the Clerk of Justiciary or the sheriff clerk, as the case may be, shall send the letter of request and any documents to F1the Secretary of State for Foreign, Commonwealth and Development Affairs for onward transmission to the body to which the letter of request is addressed.

(2)

On sending the letter of request and any documents to the Secretary of State, the Clerk of Justiciary or sheriff clerk, as the case may be, shall note, on the petition, record copy of the indictment or in the minute of proceedings—

(a)

the documents sent;

(b)

to whom the documents were sent; and

(c)

the date on which the documents were sent.

(3)

On the relative documents being returned to him, the Clerk of Justiciary or sheriff clerk, as the case may be, shall—

(a)

note—

(i)

the documents returned,

(ii)

by whom they were returned, and

(iii)

the date on which they were returned,

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

(b)

intimate what he has noted to all parties concerned.

Annotations

Textual amendments

F1: Words in Sch. 2 rule 23.4(1) substituted (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 12

Commencement

I1: Sch. 2 rule 23.4 in force at 1.4.1996, see para. 1(1)