Rule 31.5 Preparation of case for referenceI1
Scotland
Where the court decides that a preliminary ruling should be sought, the court shall—
give its reasons and cause those reasons to be recorded in the record or minute of proceedings, as the case may be; and
continue the proceedings from time to time as necessary for the purposes of the reference.
The reference—
F1except in so far as the court may otherwise direct, shall be drafted in Form 31.5 and the court may give directions to the parties as to the manner in which and by whom the case is to be drafted and adjusted;
shall thereafter F2if necessary, be further adjusted to take account of any adjustments required by the court; and
after approval and the making of an appropriate order by the court, shall (after the expiry of the period for appeal) be transmitted by the clerk of court to the Registrar of the European Court with a certified copy of the record or minute of proceedings, as the case may be, and, where applicable, a certified copy of the relevant indictment or complaint.
In preparing a reference, the parties shall have regard to guidance issued by the European Court.
Annotations
Textual amendments
- F1
Words in Sch. 2 rule 31.5(2)(a) inserted (1.5.1999) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) 1999 (S.I. 1999/1282), paras. 1(1), 2(3)(a)(i) (with para. 3)
- F2
Words in Sch. 2 rule 31.5(2)(b) substituted (1.5.1999) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) 1999 (S.I. 1999/1282), paras. 1(1), 2(3)(a)(ii) (with para. 3)
- F3
Sch. 2 rule 31.5(3) substituted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(5)
Commencement
- I1
Sch. 2 rule 31.5 in force at 1.4.1996, see para. 1(1)