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Criminal Procedure (Scotland) Act 1995
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- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 75C inserted by S.S.I. 2011/430 s. 2(2)
- s. 137ZB inserted by S.S.I. 2011/430 s. 2(4)
- s. 176A inserted by 2011 asp 16 Sch. para. 13
- s. 227ZO inserted by S.I. 2011/2298 Sch. para. 5
- Sch. 13 inserted by S.I. 2011/2298 Sch. para. 6
Commencement Orders yet to be applied to the Criminal Procedure (Scotland) Act 1995:
Commencement Orders
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2009/1632 reg. 22 amendment to earlier commencing SI 2007/2194 Sch. 3 para. 23A (as inserted by SI 2007/3495 Sch. 5 para. 2(5))
- S.I. 2011/1418 art. 2 commences (2010 c. 23)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.S.I. 2011/31 art. 5 amendment to earlier commencing SSI 2008/115 and SSI 2009/67 and SSI 2009/369
- S.S.I. 2011/157 art. 2 commences (2007 asp 14)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
- S.S.I. 2011/188 art. 2 commences (2007 asp 6)
- S.S.I. 2011/365 art. 3 commences (2011 asp 16)
Prospective
[F1273ATelevision link evidence from other parts of the United KingdomS
(1)In any criminal proceedings in the High Court or the sheriff court a person other than the accused may give evidence through a live television link if—
(a)the witness is within the United Kingdom but outside Scotland,
(b)an application under this section for the issue of a letter of request has been granted, and
(c)the court is satisfied as to the arrangements for the giving of evidence in that manner by that witness.
(2)The prosecutor or the defence in any proceedings referred to in subsection (1) may apply for the issue of a letter of request.
(3)The application must be made to a judge of the court in which the trial is to take place or, if that court is not yet known, to a judge of the High Court.
(4)The judge may, on an application under this section, issue a letter to a court or tribunal exercising jurisdiction in the place where the witness is ordinarily resident requesting assistance in facilitating the giving of evidence by that witness through a live television link, if the judge is satisfied of the matters set out in subsection (5).
(5)Those matters are—
(a)that the evidence which it is averred the witness is able to give is necessary for the proper adjudication of the trial,
(b)that the granting of the application—
(i)is in the interests of justice, and
(ii)in the case of an application by the prosecutor, is not unfair to the accused.]
Annotations:
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Amendments (Textual)
F1S. 273A and cross-heading inserted (prosp.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 91(3), 206(1)
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