Rule 23.6 Prohibition of reference to evidence without leaveI1
Scotland
No reference shall be made either directly or indirectly in any proceedings to the evidence, or any part of the evidence, of a witness whose evidence has been taken by virtue of a letter of request under section 272(1)(a) of the Act of 1995 unless the party seeking to make such reference has made a motion to the court to that effect and that motion has been granted.
The terms of any motion made under paragraph (1) and the grant or refusal of that motion by the court shall be noted by the clerk of court in the record or minute of proceedings.
On any such motion in solemn proceedings being granted—
the judge may direct copies of the evidence, to which he has granted leave for reference to be made, to be provided to the jury by the party making the motion; and
the clerk of court shall read the record of that evidence to the jury and shall then record that he has done so in the record of proceedings.
Annotations
Commencement
- I1
Sch. 2 rule 23.6 in force at 1.4.1996, see para. 1(1)