Further inquiry proceedings
I134Fresh inquiries
1
This section applies where the sheriff makes an order under section 32(6) setting aside the determination in an inquiry (“the original inquiry”) and requiring a fresh inquiry to be held.
2
The sheriff must, when making the order, also make an order under section 15(3) in relation to the fresh inquiry (and section 15(1) (which requires the procurator fiscal to notify the sheriff that an inquiry is to be held) does not apply).
3
The procurator fiscal must give notice of the fresh inquiry under section 17(1), in addition to the persons mentioned in section 17(2), to any person not mentioned in that section—
a
who was a participant in the original inquiry, or
b
to whom a recommendation in the determination in that inquiry was addressed by virtue of section 26(5)(b).
4
The fresh inquiry is to be held in the sheriffdom in which the original inquiry was held (and section 13(2) (which requires the Lord Advocate to choose where the inquiry is to be held) does not apply).
5
Subsection (4) is subject to section 13(3).