Criminal Justice (Scotland) Act 1995

48 In section 135 (clerk to state charge and swear jury)—

(a) the existing provision shall become subsection (1);

(b) in subsection (1), for the words from “it”, where it first occurs, to the end there shall be substituted “copies of the indictment shall be provided for each member of the jury without lists of witnesses or productions”; and

(c) at the end of subsection (1) there shall be inserted the following subsections—

“(2) Subject to subsection (3) below, where the accused has lodged a plea of special defence, the clerk of court shall, after informing the jury, in accordance with subsection (1) above, of the charge against the accused, and before administering the oath, read to the jury the plea of special defence.

(3) Where the presiding judge on cause shown so directs, the plea of special defence shall not be read over to the jury in accordance with subsection (2) above; and in any such case the judge shall inform the jury of the lodging of the plea and of the general nature of the special defence.

(4) Copies of a plea of special defence shall be provided for each member of the jury.”.