Rule 28.1 Applications for identification paradeI1

Scotland

(1)

An application to the sheriff made by an accused under section 290 of the Act of 1995 (application by accused for identification parade) shall be made—

(a)

to the sheriff in whose sheriffdom the proceedings in relation to which the order is sought have been commenced;

(b)

by petition—

(i)

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 28.1-A; or

(ii)

where an indictment or a complaint has been served on the accused, in Form 28.1-B.

(2)

On the petition referred to in paragraph (1) being lodged, the sheriff shall—

(a)

order intimation of the petition to be made to the prosecutor;

(b)

fix a diet for a hearing of the petition on the earliest practicable date; and

(c)

after giving the prosecutor an opportunity to be heard at the hearing and allowing such further procedure as he thinks fit, make an order granting or refusing the petition.

(3)

If—

(a)

the prosecutor is not present at the hearing of the petition; and

(b)

the sheriff makes an order granting the petition,

the sheriff clerk shall issue a certified copy of the order to the petitioner or his solicitor.

(4)

The sheriff clerk shall record the order made by the sheriff under paragraph (2)(c) in the minute of proceedings, and shall keep the petition and relative documents in his custody.

Annotations

Commencement

I1: Sch. 2 rule 28.1 in force at 1.4.1996, see para. 1(1)

Notes on Chapter 28

Textual amendments

F1: Word in Sch. 2 Ch. 28 heading substituted (30.4.2009) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2009 (S.S.I. 2009/144), paras. 1(1), 4(1)