258 Uncontroversial evidence
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

258  Uncontroversial evidence

(1)     This section applies where, in any criminal proceedings, a party (in this section referred to as “the first party”) considers that facts which that party would otherwise be seeking to prove are unlikely to be disputed by the other parties to the proceedings.

(2)     Where this section applies, the first party may prepare and sign a statement—

(a)     specifying the facts concerned; or

(b)     referring to such facts as set out in a document annexed to the statement,

and shall, not less than [the relevant period] before the [relevant] diet, serve a copy of the statement and any such document on every other party.

[(2ZA)     In subsection (2) above, the “relevant period” means—

(a)     where the relevant diet for the purpose of that subsection is an intermediate diet in summary proceedings, 7 days;

(b)     in any other case, 14 days.]

[(2A)     In subsection (2) above, “the relevant diet” means—

(a)     in the case of proceedings in the High Court, the preliminary hearing;

[(aa)     in summary proceedings in which an intermediate diet is to be held, that diet;]

(b)

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Pension commencement lump sums (PCLSs)

Pension commencement lump sums (PCLSs)When a member of a pension scheme becomes entitled to receive their scheme benefits, they can usually take part as a tax-free lump sum. HMRC calls this a ‘pension commencement lump sum’ (PCLS). Taking a lump sum is usually at the option of the member who will

LEXISNEXIS

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary

LEXISNEXIS

Criminal damage

Criminal damageGeneralSimple criminal damage is triable either way unless the value of the alleged damage is £5,000 or less, in which case the offence will be treated as if it were triable only summarily.Where the damage is caused by fire or the racially aggravated form of the offence is charged,

LEXISNEXIS

Affray

AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The magistrates’ court may decline jurisdiction where for example in cases involving a weapon/throwing objects, or conduct that causes serious