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Rule 37AA.5C Second procedural hearingF1F2

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

(1)

At the second procedural hearing, the High Court shall—

(a)

ascertain the state of readiness of the parties to conduct a determination hearing;

(b)

make such further orders as the High Court thinks fit for the purpose of reaching a position where the parties are so ready; and

(c)

either—

(i)

continue the hearing for a period of not longer than 4 weeks; or

(ii)

order a determination hearing and the Clerk of Justiciary shall fix a date for that hearing.

(2)

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))