CHAPTER ISOLEMN PROCEDURE

PART IPROCEDURE PRIOR TO TRIAL

Evidence on Commission

Application57

1

An application to the court by the prosecutor or the defence under section 32(1)(b) of the 1980 Act17 for the appointment of a commissioner to examine a witness to whom that section applies, shall be made by way of petition in the appropriate form set out in Form 28 of Schedule 1.

2

An application so made shall be lodged—

a

where it relates to proceedings in the High Court or to proceedings in respect of which the court where the trial is to take place is not yet known, with the Clerk of Justiciary;

b

where it relates to proceedings in the sheriff court, with the sheriff clerk.