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36.5.—(1) Where the prosecutor presents an application under section 3(1) of the Act of 1990 (issue of letter of request) before either the first appearance of the accused on petition or the service of a summary complaint, the High Court or sheriff, as the case may be, shall, without requiring intimation to any other party, proceed to consider the application.
(2) Where any party presents such an application following the first appearance of the accused on petition or the service of a summary complaint, the High Court or sheriff, as the case may be, may—
(a)before the lodging of an indictment, dispense on cause shown with intimation to any other party and proceed to consider the application; or
(b)fix a diet for hearing the application and order intimation of the diet and application to any other party.
(3) The High Court or sheriff, as the case may be, after considering any such application—
(a)may allow summary adjustment of the statement of assistance required in the letter of request;
(b)shall grant the application, with or without any modifications which it or he deems appropriate, or shall refuse it.
(4) On granting such application the High Court or sheriff, as the case may be, shall—
(a)approve and sign the letter of request;
(b)if English is not an official language of the body to which the letter of request is addressed, specify a period within which a translation of the letter of request and of any production is to be lodged.
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