Section 16 Preliminary hearings

I1(1)

At least one preliminary hearing is to be held before the start of an inquiry unless the sheriff dispenses with that requirement in accordance with provision made in an act of sederunt under section 36(1).

(2)

Subsection (3) applies where the sheriff dispenses with the requirement to hold a preliminary hearing.

(3)

The sheriff may subsequently make an order—

(a)

for the holding of such a hearing, and

(b)

fixing the date and place for it to be held.

I2(4)

Provision is to be made in an act of sederunt under section 36(1) about—

(a)

matters to be dealt with at a preliminary hearing under this Act,

(b)

things that the procurator fiscal and the participants in the inquiry must do before such a hearing.

Annotations

Commencement

I1: S. 16(1)-(3) in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with reg. 5)
I2: S. 16(4) in force at 1.9.2016 by S.S.I. 2016/196, reg. 2(c)