Crime (International Co-operation) Act 2003

Prospective

5 General requirements for effecting Scottish citation etc. E+W+S+N.I.

(1) This section applies to any citation for the purposes of criminal proceedings in Scotland and to any document issued there for such purposes by the prosecutor or by the court.

(2) The citation may proceed or document be issued in spite of the fact that the person against whom it is to be effected or on whom it is to be served is outside the United Kingdom.

(3) Where—

(a) citation or issue is by the prosecutor,

(b) the citation is to be effected or the document issued is to be served outside the United Kingdom, and

(c) the prosecutor believes that the person against whom it is to be effected or on whom it is to be served does not understand English,

the citation or document must be accompanied by a translation of it (or, in the case of a document, by a translation of so much of it as is material) in an appropriate language.

(4) Where—

(a) citation or issue is by the court,

(b) the citation is to be effected or the document issued is to be served outside the United Kingdom, and

(c) the person at whose request that is to happen believes that the person against whom it is to be effected or on whom it is to be served does not understand English,

he must inform the court of that fact, and provide the court with a copy of the citation or document (or, in the case of a document, so much of it as is material) translated into an appropriate language.

(5) A citation effected outside the United Kingdom—

(a) must not include notice of a penalty,

(b) must be accompanied by a notice giving any information required to be given by rules of court.

(6) If a citation is effected outside the United Kingdom, no obligation under the law of Scotland to comply with the citation is imposed by virtue of its being so effected.

(7) Accordingly, failure to comply with the citation does not constitute contempt of court and is not a ground for issuing a warrant to secure the attendance of the person in question or for imposing any penalty.

(8) But the citation may subsequently be effected against the person in question in the United Kingdom (with the usual consequences for non-compliance).