# Sheriff Courts (Scotland) Act 1907, Paragraph 36B.11: Recording of proceedings at jury trial


(1) Subject to any other provisions in these Rules, proceedings at a jury trial must be recorded by—
(a) a shorthand writer to whom the oath de fideli administratione in connection with the sheriff court service generally has been administered; or
(b) tape recording or other mechanical means approved by the court.
(2) In paragraph (1), “the proceedings” means the whole proceedings including, without prejudice to that generality—
(a) discussions—
(i) with respect to any challenge of a juror; and
(ii) on any question arising in the course of the trial;
(b) the decision of the sheriff on any matter referred to in subparagraph (a);
(c) the evidence led at the trial;
(d) the sheriff’s charge to the jury;
(e) the speeches of counsel or solicitors;
(f) the verdict of the jury; and
(g) any request for a direction to be given under rule 36B.8, any hearing in relation to such a request and any direction so given.
(3) A transcript of the record of proceedings will be made only on the direction of the court and the cost must, in the first instance, be borne by the solicitors for the parties in equal proportions.
(4) Any transcript so made must be certified as a faithful record of proceedings—
(a) where the recording was under paragraph (1)(a), by whoever recorded the proceedings; and
(b) where it was under paragraph (1)(b), by whoever transcribed the record.
(5) The sheriff may make such alterations to the transcript as appear to the sheriff to be necessary after hearing the parties and, where such alterations are made, the sheriff must authenticate the alterations.
(6) Where a transcript has been so made for the use of the court, copies of it may be obtained by any party from the transcriber on payment of the transcriber’s fee.
(7) Except with leave of the court, the transcript may be borrowed from process only for the purpose of enabling a party to consider whether to appeal against the interlocutor of the sheriff applying the verdict of the jury or whether to apply for a new trial.
(8) Where a transcript is required for a purpose mentioned in paragraph (7) but has not been directed to be transcribed under paragraph (3), a party—
(a) may request such a transcript from the shorthand writer, or as the case may be, from a person who might have transcribed the recording had there been such a direction, the cost of the requested transcript being borne by the solicitor for the requester in the first instance; and
(b) must lodge the transcript in process;
and copies of it may be obtained by any party from the transcriber on payment of the transcriber’s fee.

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/First/paragraph/36B.11 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-First/paragraph-36B.11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.