Procedure prior to Trial
Appeal
Further provisions as to appeals
270 Custody of trial documents, etc.
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
F1Until any period allowed under or by virtue of this Part of this Act for lodging intimation of intention to appeal (or any longer period allowed by virtue thereof for lodging a note of appeal) has elapsed, all documents and other productions produced at the trial of a convicted person shall be keptin 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 F2an intimation of intention to appeal (or in the case of an appeal under section 228(1)(b) F3or 228Aof this Act a note of appeal) being lodged, and if within such period F4. . . F2there has been such lodgement under this Part of this Act, they shall be so kept until the F2appeal, 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 F5a person who has lodged an intimation of intention to appeal (or in the case of an appeal under section 228(1)(b) F6or 228A of this Act a note of appeal) or F7, as the case may be, to the convicted person’s counsel or agent, and to the Crown Agent and the procurator-fiscal or his deputes.
4
In case no F8intimation of intention to appeal (or, in the case of an appeal under section 228(1)(b) F9or 228A of this Act, note of appeal) is lodged within F10the period mentioned in subsection (2) above, 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 F11; and they shall be so dealt with if, there having been such intimation, the appeal is not proceeded with.