272 Evidence by letter of request or on commission
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

Evidence on commission and from abroad

272  Evidence by letter of request or on commission

(1)     In any criminal proceedings in the High Court or the sheriff court the prosecutor or the defence may, at an appropriate time, apply to a judge of the court in which the trial is to take place (or, if that is not yet known, to a judge of the High Court) for—

(a)     the issue of a letter of request to a court, or tribunal, exercising jurisdiction in a country or territory outside the United Kingdom, Channel Islands and Isle of Man for the examination of a witness resident in that country or territory; or

(b)     the appointment of a commissioner to examine, at any place in the United Kingdom, Channel Islands, or Isle of Man, a witness who—

(i)     by reason of being ill or infirm is unable to attend the trial diet; or

(ii)     is not ordinarily resident in, and is, at the time of the trial diet, unlikely to be present in, the United Kingdom, Channel Islands or the Isle of Man.

(2)     A hearing, as regards any application under subsection

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