Rule 37AA.5B First procedural hearingF1F2
Where the High Court is proceeding under section 92 of the Act of 2002, a procedural hearing called “the first procedural hearing” shall take place on the first Monday after the period for adjustment mentioned in rule 37AA.5A has expired.
At the first procedural hearing the High Court shall ascertain the state of readiness of the parties to conduct a hearing to dispose of the matter.
The High Court may—
set a date for the lodging of any forensic report by the accused;
make an order for exchange of documents between parties;
make an order for the production of documents;
provide for further adjustment of the respective statements of the parties;
make any further order it considers necessary.
The High Court shall either—
order that there shall be a further procedural hearing (called “the second procedural hearing”) and fix a date for that hearing; or
order a hearing to dispose of the matter (called “the determination hearing”) and the Clerk of Justiciary shall fix a date for that hearing.
Where the High Court orders a determination hearing, it shall ascertain from the parties their estimates of the likely length of that hearing.
Annotations
Textual amendments
- F1
Sch. 2 Ch. 37AA substituted for Sch. 2 Ch. 37 (24.2.2003 for specified purposes, 24.3.2003 in so far as not already in force) by Act of Adjournal (Criminal Procedure Rules Amendment) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/120), paras. 1(1), 2(2) (with para. 3)
- F2
Sch. 2 rules 37AA.5A-37AA.5G inserted (5.8.2009) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Confiscation Proceedings) 2009 (S.S.I. 2009/244), paras. 1(1), 2(3) (with para. 1(4))