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Rule 28.2 Order requiring accused to participate in identification procedureF1F3

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

(1)

An application made in writing by the prosecutor under section 267B of the Act of 1995 (order requiring accused to participate in identification F2procedure) shall be in Form 28.2 and shall be served on the other parties.

(2)

On an application referred to in paragraph (1) being made, the court may appoint a diet for a hearing of the application.

(3)

Where the court appoints a hearing under paragraph (2) it shall order intimation of the diet to the other parties.

Annotations

Textual amendments

F1

Sch. 2 rule 28.2 inserted (10.12.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) (Criminal Proceedings etc. (Reform) (Scotland) Act 2007) 2007 (S.S.I. 2007/511), paras. 1(1), 9(1)

F2

Word in Sch. 2 rule 28.2(1) substituted (30.4.2009) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2009 (S.S.I. 2009/144), paras. 1(1), 4(2)(a)

F3

Word in Sch. 2 rule 28.2 heading substituted (30.4.2009) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2009 (S.S.I. 2009/144), paras. 1(1), 4(2)(a)

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)