CHAPTER ISOLEMN PROCEDURE

PART IPROCEDURE PRIOR TO TRIAL

Alteration and Postponement of Trial Diet

Joint application without hearing48

1

If in the case of a joint application the court proposes to proceed under section 77A(2) without hearing the parties, the Clerk of Justiciary or the sheriff clerk, as the case may be, shall on the lodging of the minute attach it to the record copy indictment and place it before a judge in chambers.

2

The order made by the judge in chambers in respect of the joint application shall be—

a

recorded by endorsation on the record copy indictment,

b

authenticated by the judge subscribing his signature,

c

entered in the record of proceedings in accordance with the existing law and practice,

d

intimated by the clerk of court to the applicants or their solicitors.

3

The clerk of court shall send to the governor of any institution in which any of the accused is detained a copy of the following orders of the court—

a

an order under rule 43 fixing a diet for hearing of the application,

b

an order under section 77A(2) discharging a trial diet and fixing a new trial diet,

c

an order under rule 45(3) adjourning a trial diet to a subsequent sitting.