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Rule 28.8 Questions about competency: determinationF1I1

Scotland

(1)

At a hearing on the competency of an application for a new trial, the procedural Appeal Sheriff may—

(a)

refuse the application as incompetent;

(b)

find the application to be competent;

(c)

reserve the question of competency until the hearing of the application; or

(d)

refer the question of competency to the Court.

(2)

The procedural Appeal Sheriff may make an order as to the expenses of the reference.

(3)

Where the question of competency is referred to the Court, it may—

(a)

refuse the application as incompetent;

(b)

find the application to be competent;

(c)

reserve the question of competency until the hearing of the application.

(4)

The Court may make an order as to the expenses of the reference.

Annotations

Textual amendments

F1

Rules revoked (with saving in rule 34.3) (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 34.1 (with rules 1.2, 34.3)

Commencement

I1

Rule 28.8 in force at 1.1.2016, see rule 1.1(2)