Criminal Procedure (Scotland) Act 1975

270 Custody of trial documents, etc. S

(1) Any document, production or other thing lodged in connection with the proceedings on the trial of any person who, if convicted, is entitled or may be authorised to appeal under this Part of this Act, shall, in accordance with the provisions of this section, be kept in the custody of the court in which the conviction took place.

(2) All documents and other productions produced at the trial of a person convicted shall be kept for the period of [F1 two weeks] after the [F1 final determination (as construed in accordance with section 231(4) of this Act) of the proceedings] in the custody of the court of trial in such manner as it may direct, and, failing direction, such custody shall be in the hands of the sheriff clerk of the district of the court of the second diet to whom the clerk of court shall hand them over at the close of the trial, unless otherwise ordered by the High Court on [F1 an intimation of intention to appeal (or in the case of an appeal under section 228(1)(b) of this Act a note of appeal)] being lodged, and if within such period of [F1 two weeks] or any extension thereof authorised by the High Court [F1 there has been such lodgement] under this Part of this Act, they shall be so kept until the [F1 appeal, if it is proceeded with, is determined]:

Provided that the judge of the court in which the conviction took place may, on cause shown, grant an order authorising any of such documents or productions to be released on such conditions as to custody and return as he may deem it proper to prescribe.

(3) All such documents or other productions so retained in custody or released and returned shall, under supervision of the custodian thereof, be made available for inspection and for the purpose of making copies of documents or productions to [F2 a person who has lodged an intimation of intention to appeal (or in the case of an appeal under section 228(1)(b) of this Act a note of appeal)] or to his counsel or agent, and to the Crown Agent and the procurator-fiscal or his deputes.

(4) In case no [F3 intimation of intention to appeal (or, in the case of an appeal under section 228(1)(b) of this Act, note of appeal)] is lodged within such period of [F3 two weeks] or extension thereof as aforesaid, all such documents and productions shall be dealt with as they are in use to be dealt with according to the existing law and practice at the conclusion of a trial [F4 ; and they shall be so dealt with if, there having been such intimation, the appeal is not proceeded with.]

Textual Amendments

F1 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 2 para. 26(a), Sch. 6 para. 6

F2 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 2 para. 26(b), Sch. 6 para. 6

F3 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 2 para. 26(c), Sch. 6 para. 6

F4 Words added by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 2 para. 26(c), Sch. 6 para. 6