- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
16In section 67 (witnesses)—
(a)in subsection (3)—
(i)for “ten” substitute “seven”,
(ii)for “trial diet” in the first place where the expression occurs substitute “preliminary hearing”,
(iii)the words “at the trial diet” are repealed,
(b)after subsection (4) insert—
“(4A)The prosecutor shall have a duty to cite a witness included in the list only if—
(a)it has been ascertained under—
(i)in the case of proceedings in the High Court, section 72(6)(d); or
(ii)in the case of proceedings in the sheriff court, section 71(1C)(a),
of this Act that the witness is required by the prosecutor or the accused to attend the trial; or
(b)where, in the case of proceedings in the High Court, the preliminary hearing has been dispensed with under subsection (1) of section 72B of this Act, the witness was identified in the application under that subsection as being required by the prosecutor or the accused to attend the trial.”,
(c)in subsection (5), after “accused” insert “by the relevant time.
(5A)In subsection (5) above, “the relevant time” means—
(a)where the case is to be tried in the High Court—
(i)not less then seven clear days before the preliminary hearing; or
(ii)such later time, before the jury is sworn to try the case, as the court may, on cause shown, allow;
(b)where the case is to be tried in the sheriff court,”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: