Act of Adjournal (Criminal Procedure Rules) 1996

Use of tape recorders

5.4.—(1) Any tape-recorded record of the proceedings made under rule 5.3(2), shall be made on two separate tapes simultaneously which shall be marked (and in this rule referred to as)“tape A” and“tape B” respectively.

(2) The sheriff clerk shall record on both tapes any proceedings mentioned in rule 5.3(5) (questions disallowed by sheriff), and for the purposes of maintaining a continuous record of the proceedings on both tapes, the proceedings may be interrupted at the instance of the sheriff clerk for such reasonable period as he may require.

(3) The sheriff clerk shall note in the record of proceedings the time of commencement and the time of termination of the tape-recording.

(4) On the conclusion of the proceedings in question, the sheriff clerk shall—

(a) cause tape A to be sealed in an envelope or other similar container on which the following information shall be endorsed:—

(i) the name of the accused;

(ii) the date of examination;

(iii) the name of the presiding sheriff;

(iv) the name of the shorthand writer;

(v) the time of commencement and of termination of the tape; and

(vi) the time and date of sealing of the tape; and

(b) deliver tape B to the prosecutor.

(5) The sheriff clerk shall retain tape A until he is informed in writing by the prosecutor that the proceedings against the accused in respect of the charge or charges in relation to which he was examined have come to an end.

(6) The sheriff clerk shall not permit the seal on the container of tape A to be broken while he retains it except on being authorised to do so by a judge.

(7) On being so authorised the sheriff clerk shall only permit such access to tape A for such period as may be required for the purposes of the authorisation and, on the expiry of that period, shall again comply with the requirements of paragraphs (4)(a) an d (5).

(8) The sheriff clerk shall, on being informed in writing by the prosecutor that the proceedings mentioned in paragraph (5) have come to an end, return tape A to the prosecutor.

(9) For the purposes of paragraph (8), the circumstances in which the proceedings have come to an end include—

(a) a decision by the prosecutor to take no further action against the accused in respect of the charge in question;

(b) following conviction and sentence of the accused in respect of the charge in question, the expiry of any statutory period of appeal without an appeal being taken; and

(c) the final disposal of any appeal which has been taken.