Criminal Procedure (Scotland) Act 1995

[F1 194R Designated foreign authority S

(1) The references in section 194Q to a designated foreign authority are to a current or previous authority of a prosecutorial, judicial or other character which is or was located within a country or territory outwith the United Kingdom.

(2) But, if in connection with subsection (4) of that section—

(a) the Commission cannot reasonably identify or find the particular authority in question, or

(b) they are unsuccessful in their reasonable attempts to communicate with it,

the references in subsections (3) and (4) of that section to the designated foreign authority are to be read as if they were to the relevant foreign government.

(3) In the application of subsection (2), paragraph (a) of subsection (3) of that section is to be ignored.

(4) In subsection (2)—

(a) the references to the Commission include their acting with the Lord Advocate's help,

(b) the reference to the relevant foreign government—

(i) is to the government of the other country or territory,

(ii) in the event of doubt as to the status or operation of a governmental system in the other country or territory, is to be regarded as being to the body described in subsection (5).

(5) That is, the principal body in it (for the time being (if any)) that is recognised by the Government of the United Kingdom as having responsibility for exercising governmental control centrally.]

Textual Amendments

F1 Ss. 194M-194T and cross-heading inserted (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 3(3), 5(2); S.S.I. 2012/249, art. 2