Textual Amendments
F1Words in Sch. 2 Ch. 22 heading substituted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(4)(a)
22.1.—(1) An application to the court under section 271(5) of the Act of 1995 (authorisation of the giving of evidence by a [F3vulnerable person] by means of a live television link) shall be made by petition in Form 22.1 [F4and, where the vulnerable person is subject to an order or transfer direction (being an order or transfer direction such as is mentioned in paragraph (b)(i) or (ii) of the definition of “vulnerable person” in section 271(12) of the Act of 1995) shall be accompanied by a copy of the order or transfer direction, as the case may be].
(2) A petition referred to in paragraph (1) shall—
(a)where it relates to proceedings in the High Court, be lodged with the Clerk of Justiciary, or
(b)where it relates to proceedings in the sheriff court, be lodged with the sheriff clerk,
not later than 14 days before the trial diet (except on special cause shown).
(3) The High Court or the sheriff, as the case may be, shall—
(a)order intimation of the petition to be made to the other party or parties to the proceedings; and
(b)fix a diet for hearing the petition on the earliest practicable date.
Textual Amendments
F2Words in Sch. 2 rule 22.1 heading substituted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(4)(b)
F3Words in Sch. 2 rule 22.1(1) substituted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(4)(b)(i)
F4Words in Sch. 2 rule 22.1(1) inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(4)(b)(ii)
Commencement Information
I1Sch. 2 rule 22.1 in force at 1.4.1996, see para. 1(1)
22.2.—(1) After hearing the parties and allowing such further procedure as the court thinks fit—
(a)the High Court or the sheriff, as the case may be, may make an order granting or refusing the application; or
(b)where section 271(9) of the Act of 1995 (transfer of cases in which [F5vulnerable person's] evidence is to be given through television link) applies, the sheriff may make an order under that section transferring the case to another sheriff court in the same sheriffdom.
(2) Where the sheriff makes an order under paragraph (1)(b) transferring the case to another sheriff court (the“receiving court”), the sheriff clerk shall forthwith transmit the record copy of the indictment or the complaint, the minute of proceedings, any productions and any relevant documents to the clerk of the receiving court.
Textual Amendments
F5Words in Sch. 2 rule 22.2(1)(b) substituted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(4)(c)
Commencement Information
I2Sch. 2 rule 22.2 in force at 1.4.1996, see para. 1(1)