Schedule 1 REFERENCES TO THE EUROPEAN COURT: FORM

“FORM 31.5

Form of reference to the European Court

THE HIGH COURT OF JUSTICIARY

[or SHERIFF [or DISTRICT] COURT] IN SCOTLAND

HER MAJESTY'S ADVOCATE [or THE PROCURATOR FISCAL]

against

[C.D.] (address)

[or Prisoner in the Prison of (place)]

[Here set out a clear and succinct statement of the case giving rise to the request for the ruling of the European Court in order to enable the European Court to consider and understand the issues of Community law raised and to enable governments of Member States and other interested parties to submit observations. The statement of the case should include:

(a)

particulars of the parties;

(b)

the history of the dispute between the parties;

(c)

the history of the proceedings;

(d)

the relevant facts as agreed by the parties or found by the court or, failing such agreement or finding, the contentions of the parties on such facts;

(e)

the nature of the issues of law and fact between the parties;

(f)

the Scots law, so far as is relevant;

(g)

the Treaty provisions or other acts, instruments or rules of Community law concerned; and

(h)

an explanation of why the reference is being made.]

The preliminary ruling of the Court of Justice of the European Communities is accordingly requested on the following questions:

1, 2, etc. [Here set out the questions on which the ruling is sought, identifying the Treaty provisions or other acts, instruments or rules of Community law concerned.]

Dated the day of 19 .”.