Act of Adjournal (Consolidation) 1988

PART IRECORDS

Form of minuting in solemn proceedings

157.  Subject to the provisions of any other enactment, the forms of minuting in solemn proceedings before the sheriff shall be in accordance with the forms used in the High Court.

Books of Adjournal

158.—(1) The Edinburgh Book of Adjournal and the Book of Adjournal for cases heard outwith Edinburgh shall respectively contain—

(a)in the case of a trial in the High Court—

(i)the record copy of the indictment;

(ii)a summary of the proceedings in the form set out in Form 85 of Schedule 1;

(iii)the relative printed list of Assize;

(b)in the case of a petition to the High Court—

(i)the record copy of the petition;

(ii)a summary of the proceedings in the form set out in Form 86 of Schedule 1.

(2) The Edinburgh Book of Adjournal shall contain the Acts of Adjournal.

(3) The summary of proceedings referred to in paragraph (1) shall be signed by the Clerk of Justiciary and on being so signed shall have effect and shall be treated for all purposes, including extracts, as a true and sufficient record of the proceedings to which it relates.

Form of recording warrants for remission of sentences

159.  The Clerk of Justiciary shall cause all warrants under the royal sign manual for remission of sentences received by him to be bound in volumes and indexed, and a note of each warrant referring to a High Court sentence shall be entered in the margin of the Minute Book opposite the case to which it relates.

Custody and transmission of records

160.—(1) The records of the High Court of Justiciary specified in Column (1) of Form 87 of Schedule 1 for the periods specified in Column (2) shall, after the Keeper of the Records for Scotland and the Clerk of Justiciary have consulted as to what records or parts thereof may first be destroyed as not being considered to have a value for legal purposes or for historical or other research, be transmitted to the Keeper under arrangements to be agreed between him and the Clerk of Justiciary.

(2) On completion of such transmission, the Clerk of Justiciary and the Keeper shall, at intervals of not less than 5 years nor more than 10 years from the date of the immediately preceding transmission and after similar consultation, arrange for further transmissions of records falling within the categories specified in column (1) of Form 87 for such periods as may be deemed by them to be appropriate.

(3) The Lord Justice General may by order direct that any record comprised in those categories which might otherwise fall to be transmitted to the Keeper in terms of the said arrangements be retained in the custody of the Clerk of Justiciary.

(4) All other records, papers and productions presently in the custody of the Clerk of Justiciary not specified in column (1) of Form 87 shall be retained by him subject to such directions as to disposal, transmission or destruction as may from time to time be issued by the Lord Justice General or Lord Justice Clerk.

Return of productions

161.—(1) All productions lodged in connection with proceedings in the High Court of Justiciary shall be returned by the Clerk of Justiciary to the party on whose behalf they were lodged at the following times or as soon thereafter as may be convenient—

(a)in any case in which a verdict of acquittal is returned, at the conclusion of the proceedings;

(b)in any case in which no appeal is taken, after the lapse of 14 days from the conclusion of the proceedings; and

(c)in any other case, upon the determination of any matters which may have been referred to the Court under the provisions of section 228(1).

(2) Without prejudice to rule 160(4), the Lord Justice General or the Lord Justice Clerk or the presiding judge at the trial may by order direct that any production or other document relating to any case indicted in the High Court of Justiciary remain in the custody of the Clerk of Justiciary.