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This is the original version (as it was originally enacted).
After section 281 of the 1995 Act there is inserted—
(1)Where in a trial the prosecutor lodges as a production a report naming—
(a)a person identified in an identification parade or other identification procedure by a witness, and
it shall be presumed, subject to subsection (2) below, that the person named in the report as having been identified by the witness is the person of the same name who appears in answer to the indictment or complaint.
(2)That presumption shall not apply—
(a)unless the prosecutor has, not less than 14 clear days before the trial, served on the accused a copy of the report and a notice that he intends to rely on the presumption, or
(b)if the accused—
(i)not more than 7 days after the date of service of the copy of the report, or
(ii)by such later time as the court may in special circumstances allow,
has served notice on the prosecutor that he intends to challenge the facts stated in the report.”.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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