Prisoners and Criminal Proceedings (Scotland) Act 1993

Additional evidence where evidence from business documents challenged

6 (1) This sub-paragraph applies where—

(a) evidence has been admitted by virtue of paragraph 2(3) above; or

(b) the court has made a direction under paragraph 1(1), 4 or 5(3) above.

(2) Where sub-paragraph (1) above applies in solemn criminal proceedings the judge may, without prejudice to sections 149 and 149A of the 1975 Act, on a motion of the prosecutor or defence at any time before the commencement of the speeches to the jury, permit him to lead additional evidence of such description as the judge may specify.

(3) Subsections (2) and (3) of section 149 of the 1975 Act shall apply in relation to sub-paragraph (2) above as they apply in relation to subsection (1) of that section.

(4) Where sub-paragraph (1) above applies in summary criminal proceedings the judge may, without prejudice to sections 350 and 350A of the 1975 Act, on a motion of the prosecutor or defence after the close of that party’s evidence and before the prosecutor proceeds to address the judge on the evidence, permit that party to lead additional evidence of such description as the judge may specify.

(5) Subsections (2) and (3) of section 350 of the 1975 Act shall apply in relation to sub-paragraph (4) above as they apply in relation to subsection (1) of that section.