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Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976

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This is the original version (as it was originally enacted).

2Citation of witnesses for precognition

(1)The procurator fiscal may, for the purpose of carrying out his investigation under section 1(1) of this Act, cite witnesses for precognition by him, and this section shall be sufficient warrant for such citation.

(2)If any witness cited under subsection (1) above—

(a)fails without reasonable excuse and after receiving reasonable notice to attend for precognition by the procurator fiscal 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 relevant to the investigation in relation to which such precognition is taken,

the procurator fiscal may apply to the sheriff for an order requiring the witness to attend for such precognition or to give such information at a time and place specified in the order; and the sheriff shall, if he considers it expedient to do so, make such an order.

(3)If the witness fails to comply with the order of the sheriff under subsection (2) above, he shall be liable to be summarily punished forthwith by a fine not exceeding £25 or by imprisonment for any period not exceeding 20 days.

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