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Criminal Procedure (Amendment) (Scotland) Act 2004

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This is the original version (as it was originally enacted).

22Citation of witnesses for precognition

This section has no associated Explanatory Notes

After section 267 of the 1995 Act there is inserted—

267ACitation of witnesses for precognition

(1)This Act shall be sufficient warrant for the citation of witnesses for precognition by the prosecutor, whether or not any person has been charged with the offence in relation to which the precognition is taken.

(2)Such citation shall be in the form prescribed by Act of Adjournal or as nearly as may be in such form.

(3)A witness who, having been duly cited—

(a)fails without reasonable excuse, after receiving at least 48 hours notice, to attend for precognition by a prosecutor at the time and place mentioned in the citation served on him; or

(b)refuses when so cited to give information within his knowledge regarding any matter relative to the commission of the offence in relation to which the precognition is taken,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to a term of imprisonment not exceeding 21 days..

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