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Rule 8.2 Citation of accused and witnessesF1

Scotland

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

(1)

Subject to paragraph (5), the notice to be affixed to the door of the relevant premises for the purposes of section 66(4)(b) of the Act of 1995 shall be in Form 8.2–A.

(2)

Subject to paragraph (5), the notice for the purposes of section 66(6) of the Act of 1995 to be served on a person accused on indictment shall be in Form 8.2–B or, where the charge is of committing a sexual offence to which section 288C of that Act applies, F2or, where it is known by the prosecutor that the offence is one to which section 288E of that Act (prohibition of personal conduct of defence where a child witness is under the age of 12) applies, Form 8.2–C.

(3)

The form of postal citation of a witness under section 66(1) of the Act of 1995 shall be in Form 8.2–D; and the witness shall return Form 8.2–E to the procurator fiscal, or the accused person or his solicitor, as the case may be, in the pre-paid envelope provided, within 14 days after the date of citation.

(4)

The form of personal citation of a witness under section 66(1) of the Act of 1995 shall be in Form 8.2–F.

(5)

Where the accused is F3an organisation,

(a)

the notice to be affixed to the door of the relevant premises for the purposes of section 66(4)(b) of the Act of 1995 shall be in Form 8.2–G;

(b)

the notice for the purposes of section 66(6) of the Act of 1995 shall be in Form 8.2–H.

Annotations

Textual amendments

F1

Sch. 2 rule 8.2 substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(10) (with para. 2(2)-(4))

F2

Words in Sch. 2 rule 8.2(2) inserted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), paras. 1(1), 2(3) (with para. 2(2))

F3

Words in Sch. 2 rule 8.2(5) substituted (28.3.2011) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2011 (S.S.I. 2011/194), paras. 1(2), 2(1)