Search Legislation

Criminal Procedure (Amendment) (Scotland) Act 2004

Status:

This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

44In section 271C (special measures for vulnerable witnesses other than child witnesses)—

(a)in subsection (2), for the words “not later than 14 clear days before the trial diet” substitute “by the required time”,

(b)in subsection (4), for the words “the time limit specified in subsection (2) above” substitute “the required time”,

(c)in subsection (5)(b), for the words from “order” to the end substitute “make an order under subsection (5A) below.”,

(d)after subsection (5) insert—

(5A)That order is an order—

(a)in the case of proceedings in the High Court where the preliminary hearing is yet to be held, appointing the vulnerable witness application to be disposed of at that hearing,

(b)in the case of proceedings on indictment in the sheriff court where the first diet is yet to be held, appointing the vulnerable witness application to be disposed of at that diet, or

(c)in any other case, appointing a diet to be held before the trial diet and requiring the parties to attend the diet.,

(e)in subsection (6), for “(5)(b)” substitute “(5A)(c)”,

(f)after that subsection insert—

(6A)Subsection (7) below applies to—

(a)a preliminary hearing or first diet so far as the court is, by virtue of an order under subsection (5A)(a) or (b) above disposing of a vulnerable witness application at the hearing or diet, and

(b)a diet appointed under subsection (5A)(c) above.,

(g)in subsection (7), for the words “diet under this subsection” substitute “hearing or diet to which this subsection applies”,

(h)in subsection (9), for the words “diet under subsection (7) above” substitute “hearing or diet to which subsection (7) above applies”,

(i)in subsection (10), for the words from “under” to the end substitute “appointed under subsection (5A)(c) above in any case may be conjoined with any other diet to be held before the trial diet in the case.”,

(j)after subsection (11) insert—

(12)In subsections (2) and (4) above, “the required time” means—

(a)in the case of proceedings in the High Court, no later than 14 clear days before the preliminary hearing,

(b)in the case of proceedings on indictment in the sheriff court, no later than 7 clear days before the first diet,

(c)in any other case, no later than 14 clear days before the trial diet..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources