Criminal Procedure (Scotland) Act 1995

Transcripts and records S

277 Transcript of police interview sufficient evidence. S

(1) Subject to subsection (2) below, for the purposes of any criminal proceedings, a document certified by the person who made it as an accurate transcript made for the prosecutor of the contents of a tape (identified by means of a label) purporting to be a recording of an interview between—

(a) a police officer and an accused person; F1 ...

(b) a person commissioned, appointed or authorised under section 6(3) of the M1 Customs and Excise Management Act 1979 and an accused person[F2 ; or

(c) a person authorised by the Scottish Environment Protection Agency under section 108 of the Environment Protection Act 1995 and an accused person.]

shall be received in evidence and be sufficient evidence of the making of the transcript and of its accuracy.

(2) Subsection (1) above shall not apply to a transcript—

(a) unless a copy of it has been served on the accused not less than 14 days before

[F3 (i) in the case of proceedings in the High Court, the preliminary hearing;

(ii) in any other case,]

his trial; or

(b) if the accused, not less than

[F4 (i) in the case of proceedings in the High Court, seven days before the preliminary hearing;

(ii) in any other case, six days before his trial;

or (in either case)] by such later time before his trial as the court may in special circumstances allow, has served notice on the prosecutor that the accused challenges the making of the transcript or its accuracy.

(3) A copy of the transcript or a notice under subsection (2) above shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the transcript or notice, together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such service.

(4) Where subsection (1) above does not apply to a transcript, if the person who made the transcript is called as a witness his evidence shall be sufficient evidence of the making of the transcript and of its accuracy.

[F5 (5) Subsection (1) is without prejudice to section 108(12) of the Environment Act 1995.]

Textual Amendments

F1 Word in s. 277(1) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 31(2)(a)(i); S.S.I. 2014/160, art. 2(1)(2), sch.

F2 S. 277(1)(c) and word inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 31(2)(a)(ii); S.S.I. 2014/160, art. 2(1)(2), sch.

F3 Words in s. 277(2)(a) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 46(a); S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)

F4 Words in s. 277(2)(b) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 46(b); S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)

F5 S. 277(5) added (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 31(2)(b); S.S.I. 2014/160, art. 2(1)(2), sch.

Marginal Citations

M1 1979 c.2.

F6 278 Record of proceedings at examination as evidence. S

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Textual Amendments

F6 S. 278 repealed (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 78(2)(e), 117(2); S.S.I. 2016/426, art. 2, sch. (with art. 3)