SCHEDULE 2CRIMINAL PROCEDURE RULES 1996

PART IIISolemn proceedings

CHAPTER 14PROCEDURE AT TRIAL IN SOLEMN PROCEEDINGS

Issue of extract convictions14.10

1

Subject to the following paragraphs, no extract of a conviction shall be issued during the period of four weeks after the day on which the conviction took place.

2

An extract of a conviction may be issued at any time where it is required as a warrant for the detention of the person convicted under any sentence which shall have been pronounced against him.

3

In the event of—

a

an appeal under section 108 (Lord Advocate’s appeal against sentence),

b

an intimation of intention to appeal under section 109(1), or

c

a note of appeal under section 110 in respect of an appeal under section 106(1)(b) (appeal against sentence passed on conviction),

of the Act of 1995 being lodged, no extract of a conviction shall be issued until such appeal, if it is proceeded with, is determined.

4

Where an accused is convicted on indictment in the sheriff court of any crime or offence and an extract of that conviction is subsequently required in evidence, such extract shall be issued at any time by the clerk of the court having the custody of the record copy of the indictment although the plea of the accused may have been taken and the sentence on him pronounced in another court.