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Criminal Procedure (Scotland) Act 1995, Section 256 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In any trial it shall not be necessary for the accused or for the prosecutor—
(a)to prove any fact which is admitted by the other; or
(b)to prove any document, the terms and application of which are not in dispute between them,
and, without prejudice to paragraph 1 of Schedule 8 to this Act, copies of any documents may, by agreement of the parties, be accepted as equivalent to the originals.
(2)For the purposes of subsection (1) above, any admission or agreement shall be made by lodging with the clerk of court a minute in that behalf signed—
(a)in the case of an admission, by the party making the admission or, if that party is the accused and he is legally represented, by his counsel or solicitor; and
(b)in the case of an agreement, by the prosecutor and the accused or, if he is legally represented, his counsel or solicitor.
(3)Where a minute has been signed and lodged as aforesaid, any facts and documents admitted or agreed thereby shall be deemed to have been duly proved.
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