Criminal Procedure (Scotland) Act 1995

281 Routine evidence: autopsy and forensic science reports. S

(1) Where in a trial an autopsy report is lodged as a production by the prosecutor it shall be presumed that the body of the person identified in that report is the body of the deceased identified in the indictment or complaint, unless the accused not less than

[F1 (i) in the case of proceedings in the High Court, seven days before the preliminary hearing;

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

or (in either case)] by such later time before the trial as the court may in special circumstances allow, gives notice that the contrary is alleged.

(2) At the time of lodging an autopsy or forensic science report as a production the prosecutor may intimate to the accused that it is intended that only one of the pathologists or forensic scientists F2 . . . purporting to have signed the report shall be called to give evidence in respect thereof; and [F3 , where such intimation is given,] the evidence of [F4 one of those pathologists or forensic scientists] shall be sufficient evidence of any fact or conclusion as to fact contained in the report and of the qualifications of the signatories, unless the accused, not less than

[F5 (i) in the case of proceedings in the High Court, seven days before the preliminary hearing;

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

or (in either case)] by such later time before the trial as the court may in special circumstances allow, serves notice on the prosecutor that he requires the attendance at the trial of the other pathologist or forensic scientist also.

(3) Where, following service of a notice by the accused under subsection (2) above, evidence is given in relation to an autopsy or forensic science report by both of the pathologists or forensic scientists purporting to have signed the report, the evidence of those pathologists or forensic scientists shall be sufficient evidence of any fact (or conclusion as to fact) contained in the report.

Textual Amendments

F1 Words in s. 281(1) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 49(a); S.S.I. 2004/405, art. 2(1), Sch. 1 (with savings in arts. 3-5)

F2 Words in s. 281(2) repealed (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 49(b)(i); S.S.I. 2004/405, art. 2(1), Sch. 1 (with savings in arts. 3-5)

F3 Words in s. 281(2) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 49(b)(ii); S.S.I. 2004/405, art. 2(1), Sch. 1 (with savings in arts. 3-5)

F4 Words in s. 281(2) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 49(b)(iii); S.S.I. 2004/405, art. 2(1), Sch. 1 (with savings in arts. 3-5)

F5 Words in s. 281(2) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 49(b)(iv); S.S.I. 2004/405, art. 2(1), Sch. 1 (with savings in arts. 3-5)