PART XII Evidence

Agreed evidence

258 Uncontroversial evidence.

1

This section applies where, in any criminal proceedings, a party (in this section referred to as “the first party”) considers that facts which that party would otherwise be seeking to prove are unlikely to be disputed by the other parties to the proceedings.

2

Where this section applies, the first party may prepare and sign a statement—

a

specifying the facts concerned; or

b

referring to such facts as set out in a document annexed to the statement,

and shall, not less than F1the relevant period before the F2relevant diet, serve a copy of the statement and any such document on every other party.

F32ZA

In subsection (2) above, the “ relevant period ” means—

a

where the relevant diet for the purpose of that subsection is an intermediate diet in summary proceedings, 7 days;

b

in any other case, 14 days.

F42A

In subsection (2) above, “ the relevant diet ” means—

a

in the case of proceedings in the High Court, the preliminary hearing;

F5aa

in summary proceedings in which an intermediate diet is to be held, that diet;

b

in any other case, the trial diet.

3

Unless any other party serves on the first party, not more than seven days after the date of service of the copy on him under subsection (2) above or by such later time as the court may in special circumstances allow, a notice that he challenges any fact specified or referred to in the statement, the facts so specified or referred to shall be deemed to have been conclusively proved.

4

Where a notice is served under subsection (3) above, the facts specified or referred to in the statement shall be deemed to have been conclusively proved only in so far as unchallenged in the notice.

F64A

Where a notice is served under subsection (3) above F7. . . , the court may, on the application of any party to the proceedings made not less than 48 hours before the relevant diet, direct that any challenge in the notice to any fact is to be disregarded for the purposes of subsection (4) above if the court considers the challenge to be unjustified.

F124AA

Where in summary proceedings the relevant diet for the purposes of subsection (4A) above is an intermediate diet, an application under that subsection may be made at (or at any time before) that diet.

4B

In subsection (4A) above, “ the relevant diet ” means—

a

in proceedings in the High Court, the preliminary hearing; F8. . .

b

in F9solemn proceedings in the sheriff court, the first diet.

F10c

in summary proceedings—

i

in which an intermediate diet is to be held, that diet;

ii

in which such a diet is not to be held, the trial diet.

4C

In proceedings in the High Court, the Court may, on cause shown, allow an application under subsection (4A) above to be made after the time limit specified in that subsection.

F114D

In summary proceedings, the court may allow an application under subsection (4A) above to be made late if the court is satisfied that a timeous application would not have been practicable.

5

Subsections (3) and (4) above shall not preclude a party from leading evidence of circumstances relevant to, or other evidence in explanation of, any fact specified or referred to in the statement.

6

Notwithstanding subsections (3) and (4) above, the court—

a

may, on the application of any party, where it is satisfied that there are special circumstances; and

b

shall, on the joint application of all the parties,

direct that the presumptions in those subsections shall not apply in relation to such fact specified or referred to in the statement as is specified in the direction.

7

An application under subsection (6) above may be made at any time after the commencement of the trial and before the commencement of the prosecutor’s address to the court on the evidence.

8

Where the court makes a direction under subsection (6) above it shall, unless all the parties otherwise agree, adjourn the trial and may, without prejudice to section 268 of this Act, permit any party to lead evidence as to any such fact as is specified in the direction, notwithstanding that a witness or production concerned is not included in any list lodged by the parties and that the notice required by sections 67(5) and 78(4) of this Act has not been given.

9

A copy of a statement or a notice required, under this section, to be served on any party 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 such copy or notice together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such service.