Rule 29.8 Questions about competency: determinationI1

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; or

(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.

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