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Rule 34A.6 Applications under rule 34A.4 and 34A.5F1

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

(1)

An application under rule 34A.4(2) or 34A.5(1)—

(a)

is to be made orally; and

(b)

must be made as soon as reasonably practicable.

(2)

Before determining an application made under rule 34A.4(2) or 34A.5(1), the court must give the prosecutor an opportunity to make representations.

Annotations

Textual amendments

F1

Sch. 2 Ch. 34A inserted (10.10.2014) by Act of Adjournal (Amendment of the Criminal Procedure (Scotland) Act 1995 and Criminal Procedure Rules 1996) (Miscellaneous) 2014 (S.S.I. 2014/242), paras. 1(2), 3(2)

Notes on Chapter 34A

Textual amendments

F2

Words in Sch. 2 Ch. 34A heading substituted (30.6.2023) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (European Union (Future Relationship) Act 2020) 2023 (S.S.I. 2023/169), paras. 1(2), 2(2)(a) (with para. 3)