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Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025

Inserted section 303D – Sending documents electronically and to a solicitor

14.This section provides that any requirement (however expressed) that a document of a type mentioned in inserted section 303E be given to a person may be fulfilled by (a) transmitting it to the person electronically, or (b) transmitting it to the person’s solicitor.

15.Subsection (2) sets out certain requirements associated with the electronic transmission of documents as provided for in subsection (1), specifying that the transmission must be effected in a manner that the recipient has indicated (either specifically or generally) that they are willing to receive the document. The subsection further provides that in certain specified circumstances, this willingness is capable of being inferred.

16.Subsection (3) provides further detail on what references to “giving” a person a document covers.

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