Act of Adjournal (Consolidation) 1988

Evidence on Commission

Application

57.—(1) An application to the court by the prosecutor or the defence under section 32(1)(b) of the 1980 Act(1) for the appointment of a commissioner to examine a witness to whom that section applies, shall be made by way of petition in the appropriate form set out in Form 28 of Schedule 1.

(2) An application so made shall be lodged—

(a) where it relates to proceedings in the High Court or to proceedings in respect of which the court where the trial is to take place is not yet known, with the Clerk of Justiciary;

(b) where it relates to proceedings in the sheriff court, with the sheriff clerk.

Appointment of Commissioner

58.—(1) On making an order granting an application under rule 57 the High Court or the sheriff, as the case may be, shall appoint a commissioner to examine the witness or witnesses to whom the order applies, and a clerk to assist the commissioner in the carrying out of his duties, and shall dispense with interrogatories.

(2) On the court making an order under paragraph (1), the Clerk of Justiciary or the sheriff clerk, as the case may be, shall send the order to either the commissioner or his clerk together with the other relative documents.

(3) On the sending of the relative order and documents to the commissioner or his clerk under paragraph (2), the Clerk of Justiciary or the sheriff clerk, as the case may be, shall note the order and documents sent, to whom they were sent, and the date on which they were sent, on the application, or on the record copy indictment.

Commission

59.—(1) The commissioner shall, on receiving the order and documents mentioned in rule 58(2), determine the place and the date of the diet or diets for the examination of the witness or witnesses to whom the order of the court relates, and shall give reasonable notice of those matters to all the parties concerned.

(2) The commissioner may vary or revoke his determination or adjourn the examination of any witness to such other place, at such other date and time, as he may determine.

(3) If in the course of the examination of a witness under this rule any question arises as to the admissibility of any evidence, the commissioner shall not determine any such question but shall allow the evidence subject to all questions of competency and relevancy.

Commissioner’s report

60.  On the carrying out of his commission in accordance with the terms of the order appointing him, or otherwise on concluding his commission, the commissioner shall complete a written report of his commission, and he or his clerk shall return the report and relative documents to the Clerk of Justiciary or the sheriff clerk, as the case may be.

Application of other provisions

61.  The following rules shall apply to an application under rule 57 as they apply to an application under rule 51:—

• rule 51(3) to (5);

• rule 52(1);

• rule 53;

• rule 54(3);

• rule 55;

• rule 56.

(1)

Section 32 was amended by the Criminal Justice (Scotland) Act 1987 (c. 41), section 61.