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Rule 31.3 Notice of references in summary proceedingsI1

Scotland

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

(1)

Where a question is to be raised in any summary proceedings (other than proceedings on appeal), notice of intention to do so shall be given before the accused is called on to plead to the complaint.

(2)

Where such notice is given, a record of the notice shall be entered in the minute of proceedings and the court shall not then call on the accused to plead to the complaint.

(3)

The court may hear parties on the question forthwith or may adjourn the case to a specified date for such hearing.

(4)

After hearing parties, the court may determine the question or may decide that a preliminary ruling should be sought.

(5)

Where the court determines the question, the accused shall then (where appropriate) be called on to plead to the complaint.

Annotations

Commencement

I1

Sch. 2 rule 31.3 in force at 1.4.1996, see para. 1(1)