Act of Adjournal (Consolidation) 1988

Application

57.—(1) An application to the court by the prosecutor or the defence under section 32(1)(b) of the 1980 Act(1) 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.

(1)

Section 32 was amended by the Criminal Justice (Scotland) Act 1987 (c. 41), section 61.