OpenLegislation

Rule 29.3 Citation to attend for precognitionI1

Scotland

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

(1)

Citation of a person to attend the diet fixed for taking his precognition on oath shall be in Form 29.3; and an execution of service shall be produced at the diet fixed under rule 29.1(2).

(2)

Where a person fails to appear at a diet fixed for taking his precognition and the sheriff issues a warrant for his apprehension under section 291(2) of the Act of 1995, execution of that warrant—

(a)

shall be made by an officer of law instructed by the accused or his solicitor; and

(b)

may proceed on a copy of the petition and warrant duly certified by the sheriff clerk.

(3)

The sheriff clerk shall immediately give notice of that person’s failure to appear at the diet to the procurator fiscal.

Annotations

Commencement

I1

Sch. 2 rule 29.3 in force at 1.4.1996, see para. 1(1)