http://www.legislation.gov.uk/ukpga/1995/46/section/72ECriminal Procedure (Scotland) Act 1995 An Act to consolidate certain enactments relating to criminal procedure in Scotland.1995-11-08texttext/xmlenStatute Law Database2026-09-29Expert Participation2026-09-01 PART VII Solemn Proceedings Pre-trial proceedings<Addition ChangeId="d29p17492" CommentaryRef="c18964891">Written record of state of preparation in certain cases</Addition>72E1This section applies where, in any proceedings in the High Court, a solicitor has notified the Court under section 72F(1) of this Act that he has been engaged by the accused for the purposes of the conduct of his case at the preliminary hearing.2The prosecutor and the accused’s legal representative shall, not less than two days before the preliminary hearing—acommunicate with each other with a view to jointly preparing a written record of their state of preparation with respect to their cases (referred to in this section as “the written record”); andblodge the written record with the Clerk of Justiciary.3The High Court may, on cause shown, allow the written record to be lodged after the time referred to in subsection (2) above.4The written record shall—abe in such form, or as nearly as may be in such form;bcontain such information; andcbe lodged in such manner,as may be prescribed by Act of Adjournal.5The written record may contain, in addition to the information required by virtue of subsection (4)(b) above, such other information as the prosecutor and the accused’s legal representative consider appropriate.6In this section—“the accused’s legal representative” means—the solicitor referred to in subsection (1) above; orwhere the solicitor has instructed counsel for the purposes of the conduct of the accused’s case at the preliminary hearing, either the solicitor or that counsel, or both of them; and“counsel” includes a solicitor who has a right of audience in the High Court of Justiciary under section 25A (rights of audience in various courts including the High Court of Justiciary) of the Solicitors (Scotland) Act 1980 (c. 46).S. 72E inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 2, 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)