Criminal Procedure (Scotland) Act 1975

[F1 151 Record of proceedings at examination to be received in evidence without being sworn to by witnesses. S

(1) Subject to subsection (2) below, the record made, under section 20B of this Act (with any rectification, authorised under subsection (4) of that section, incorporated), of proceedings at the examination of an accused shall be received in evidence without being sworn to by witnesses, and it shall not be necessary to insert the names of any witnesses to the record in any list of witnesses, either for the prosecution or for the defence.

(2) Subject to sections 20B(2) and 76(1)(b) of this Act, on the application of either an accused or the prosecutor, the court may refuse to allow the record or some part of the record to be read to the jury; and at the hearing of such application it shall be competent for [F2 the prosecutor or] the defence to adduce as witnesses the persons who were present during the proceedings mentioned in subsection (1) above and for [F3 either party] to examine those witnesses upon any matters regarding the said proceedings.

(3) “Record” in subsection (2) above comprises, as regards any trial, each record included, under section 78(2) of this Act, in the list of productions.]

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Amendments (Textual)

F1 S. 151 substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 6(3), Sch. 6 para. 1

F2 Words in s. 151(2) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 56(a); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F3 Words in s. 151(2) substituted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 56(b); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2