(a) To grant warrant to officers of law to search the premises at occupied by for the stolen property mentioned in the petition [or, as the case may be] and to take possession thereof and convey it to

(b) To seize and destroy the carcase referred to in the petition.

(c) To order the property mentioned in the petition to be restored to the petitioner on proof thereof being given that such property was stolen and that the petitioner is the true owner or possessor thereof.

(d) To remit the accused to the sheriff of [place] (or, as the case may be), and meantime to grant warrant to convey him to the prison (or police cells) of [place] . thereafter to be dealt with in due course of law.

[Place and date.] The court having considered the foregoing petition grants warrant as craved.

A.B. Take notice that in the event of your being convicted of the charge[s] of contravening (give reference to the section of Act or Order) in the complaint preferred against you at my instance you will be liable to the penalties set forth in the said section [orin section of the said Act] namely (set forth shortly the penalties).

C.D. Procurator Fiscal

[or Burgh Prosecutor]

[or Justice of the Peace Fiscal]

[or E.F. Complainer]

[or G.H. Solicitor for Complainer]

(Date)

Form No. 2 C4

A.B. Take notice that in the event of your being convicted of the charge of contravening (give reference to the section of Act or Order) in the complaint preferred against you at my instance it is intended to place before the Court the undernoted previous convictions applying to you and you will be liable (in respect that the offence is a second [or third] offence) to the penalties set forth in the said section [or in section of the said Act] namely (set forth shortly the penalties).

C.D. Procurator Fiscal

[or Burgh Prosecutor]

[or Justice of the Peace Fiscal]

[or E.F. Complainer]

[or G.H. Solicitor for Complainer]

(Date)

Form No. 3 C5

A.B. Take notice that in the event of your being convicted of the charge[s] of in the complaint preferred against you at my instance it is intended to place before the Court the following previous convictions applying to you:—

C.D. Procurator Fiscal

[or Burgh Prosecutor]

[or Justice of the Peace Fiscal]

[or E.F. Complainer]

[or G.H. Solicitor for Complainer]

(Date)

Edinburgh, 9th January 19 .—The court grants warrant to apprehend the said accused.

Grants warrants to search the person, dwelling–house, and repositories of the accused, and any place where he may be found, and to take possession of the property mentioned or referred to in the complaint, and all articles and documents likely to afford evidence of his guilt or of guilty participation.

A.B., above designed, you are hereby summoned to appear personally on 16th January 19 at 10 a.m., within the Sheriff Court House, Edinburgh, to answer to the complaint against you of which the above is a copy..

Served by me on 9th January 19.

C.D., Police Constable.

A note in the following or similar terms may be appended to the service copy of a complaint:—

NOTE.—If you plead not guilty to the above charge your case will be adjourned to a diet to be fixed by the court [or, if the case is to proceed to trial at the first diet,your case will proceed to trial at such diet unless the court grants an adjournment]. If you desire to have witnesses cited for the defence, the police will give you all reasonable assistance to cite them.

ToE.F. [name and designation].

You are hereby cited to appear personally on 16th January 19 at 10 a.m. in the City Police Court, Edinburgh, to give evidence for the prosecution in the case against A.B. (and you are required to produce.........). C.D., Police Constable.

Witnesses failing to attend the court without lawful excuse are liable to be apprehended and punished.

Edinburgh, 16thJanuary 19 .—The Court, in respect E.F. a witness in the cause has failed to appear after being duly cited, adjourns the diet till 18th January 19 at 10 a.m., and ordains the accused and witnesses to appear personally at the said diet, and grants warrant to apprehend the said E.F. and to detain him in any prison or in police cells until the said diet, unless sufficient security to the amount of £ be found for his appearance at all diets of the court.

Edinburgh, 9thJanuary 19 .—The Court on the motion of the Prosecutor continues the case against the accused until January 19 , and meantime grants warrant to detain the accused in Prison until that time (oruntil sufficient security to the amount of £ be found for his appearance at all diets of court).

I, officer of law, upon the day of lawfully summoned [name and designation of accused as in Complaint] to appear before the Court on the day of at o’clock noon, to answer to a complaint at the instance of charging him with [state offence]. This I did by delivering a copy of the complaint with citation thereto attached [state how served upon accused, whether personally or left at dwelling–house or otherwise].C.D., Police Constable.

I, officer of law, upon the day of lawfully cited [name and designation of witness] to appear before the Court on the day of to give evidence for the prosecution [or defence] in the complaint at the instance of against [name and designation of accused]. This I did by delivering a citation to that effect [state how served, whether personally or left at dwelling–house or otherwise].C.D., Police Constable

I, C.D., do hereby judicially enact and bind and oblige myself as cautioner and surety that A.B. shall appear personally in the Sheriff Court, Edinburgh, on 16th January, 19 , at 10 a.m. and at any other diet to which the cause may be adjourned, to answer to a complaint at the instance of the Procurator Fiscal of Court, charging him with the crime of assault, and that under a penalty of £ to be paid by me in case of failure, and to be recovered in the manner prescribed by the Summary Jurisdiction (Scotland) Act 1954.In witness whereof, & c.C.D.

E.F., Witness.

G.H., Witness.

The court, in respect of the failureof the accused to attend this diet, on the motion of the prosecutor declares the bail of £ (or a pledge, viz., ) deposited as security for his appearance to be forfeited and also grants warrant for his apprehension.

The court, in respect of the failureof the accused to attend this diet, on the motion of the prosecutor declares a bond of caution granted for his appearance under a penalty of £ to be forfeited; further, ordains C.D., cautioner in the said bond, to be charged to make payment to the clerk of court of the said sum within six days after such charge, and in default of payment to be imprisoned for days from the date of his incarceration unless payment of the said penalty be sooner made, but reserving to the said C.D. within the said six days to make application to the court for an extension of time for payment of the said sum if so advised, and grants warrant for the apprehension of the said A.B.

To C.D., I, officer of law, Edinburgh, hereby charge you to make payment of the sum of £ , being the penalty contained in bond of caution by you for A.B., which bond has been declared forfeited in respect of his non–appearance to answer to the complaint against him as provided for in the said bond, the said sum to be paid by you to the clerk of court, Sheriff Court, Edinburgh, within six days after the date of this my charge, under pain of imprisonment for the period of days from the date of incarceration unless the said sum be sooner paid.

This charge served by me on 21st January 19 .E.F., Police Constable.

If you desire to obtain an extension of time for payment application therefor to the Court must be made within six days from this date.

Forms similar to those applicable to the finding and forfeiture of bail may, with the necessary variations, be used for the finding and forfeiture of caution for good behaviour.

Under the Summary Jurisdiction (Scotland) Act 1954

In the court of at .

Name of accused

Date of conviction

Offence of which convicted

Sentence.Imprisonment days.

In respect of which sentence warrant is hereby granted to officers of law to convey the accused to the prison of [place] and for the detention of the accused therein for days from the date of imprisonment.W.G., Clerk of Court.

Sentence, £ fine or days’imprisonment. In respect of which sentence warrant is hereby grantedto officers of law to convey the accused to the prison of [place] and for the detention of the accused therein until the said fine is paid,but not exceeding days from the date of imprisonment.

Sentence, £ fine (payable within days) or days’ imprisonment.

In respect of which sentence, the period allowed for payment of the said fine having expired and the said fine not having been paid, warrant is hereby granted to officers of law to convey the accused to the prison of [place] and for the detention of the accused therein until the fine is paid, but not exceeding days from the date of imprisonment.

Sentence, £ caution for good behaviour for six months(from date of conviction) or days’ imprisonment.

In respect of which sentence warrant is hereby granted to officers of law to convey the accused to the prison of [place] and for the detention of the accused therein until the said caution is found, but not exceeding days from the date of imprisonment.

Sentence, £ fine or days’ imprisonment

and

£ caution for good behaviour formonths (from payment of the fineor from the expiry of the period of imprisonment for non–payment) ordays’ imprisonment further.

In respect of which sentence warrant is hereby granted to officers of law to convey the accused to the prison of [place] and for the detention of the accused therein until the said fine is paid and the said caution is found, the detention for non–payment of the said fine not exceeding days from the date of imprisonment, and the detention for failure to find the said caution not exceeding days further from payment of the fine or from expiry of the term of imprisonment for non–payment thereof.

Sentence. Imprisonment daysand £ caution for good behaviour for months thereafter, or days’imprisonment.

In respect of which sentence warrant is hereby granted to officers of law to convey the accused to the prison of [place] and for the detention of the accused therein for days from the date of imprisonment and for his further detention thereafter until the said caution is found, but not exceeding days further.

Sentence £, fine payable within days or days’ imprisonment. Inrespect of which sentence the accused, having surrendered himself tothe court and stated that he prefers immediate imprisonment to waiting the expiration of the time allowed, warrant is hereby granted to officers of law to convey the accused to the prison of [place] and for the detention of the accused therein until such fine is paid, but not exceeding days from the date of imprisonment.

The necessary variations to meet different sentences will be made on this extract. An extract in this form shall be applicable either to sentence on a plea of guilty or on conviction. Where an extract is required for production as evidence of previous conviction, any particulars as to prior convictions may be set forth in a schedule annexed to the extract.

In the Court of held at

Case for the opinion of the High Court of Justiciary at Edinburgh

In causa A.B. v. C.D.

This is a cause [here state concisely and without argument the nature of the cause and the facts if any admitted or proved in evidence, any objections to the admission or rejection of evidence taken in the proof, the grounds of the decision, and any other matters necessary to be stated for the information of the superior court.]

The question submitted for the opinion of the Court is:—

[Here state the question or questions seriatim, for the opinion of the Court.]

This case is stated by me [or us].

(Signature of the Inferior Judge, or preses if more than two Judges.)

Edinburgh, January, 19 .—The said A.B. craves the court to state a case for the opinion of the High Court of Justiciary.A.B., or C.D., Solicitor for the said A.B.

Eo diethe court fixes £ as the sum to be consigned by the appellant, and grants interim liberation without further caution.

Eo die£ consigned.

January, 19 .—Draft case sent to appellant and duplicate thereof to respondent.

February, 19 .—Last date for receipt of adjustments.

March, 19 .—Case signed and sent to appellant and complaint and productions transmitted to clerk of justiciary.

January, 19 .—The prosecutor consents to the conviction in this case being set aside by the High Court in respect [set forth grounds on which consent given].

(To be signed by the prosecutor or his Solicitor.)

January, 19 .—The Appellant intimated that he did not desire to be heard with reference to the above minute by the prosecutor.

Eo die case transmitted to clerk of justiciary.

The above Minutes of Procedure will, except where otherwise stated, be signed by the clerk of the court.