The Transcripts of Criminal Proceedings (Scotland) Order 1993

• Citation: S.I. 1993/2226
• Sections: 6

Section 1 Citation and commencement

This Order may be cited as the Transcripts of Criminal Proceedings (Scotland) Order 1993 and shall come into force on 1st October 1993.

Section 2 Interpretation

In this Order–

“specified class of person” means, in relation to any specified class of proceedings, any of the classes specified in article 3 of this Order;

“specified class of proceedings” means any of the classes specified in article 4 of this Order;

“specified purpose” means any of the purposes specified in article 5 of this Order;

“the 1975 Act ” means the Criminal Procedure (Scotland) Act 1975.

Section 3 Specified class of person

The following classes of person are, in relation to any specified class of proceedings, specified for the purposes of this Order, namely:–

(a) the prosecutor in those proceedings;

(b) any person convicted in those proceedings;

(c) any other person named in, or immediately affected by, any order made by the court in those proceedings;

(d) any person authorised to act on behalf of any person falling within any class of person specified in paragraphs (a) to (c) of this article.

Section 4 Specified class of proceedings

The following classes of proceedings are specified for the purposes of this Order, namely:–

(a) any proceedings of the High Court in which the judge has exercised the power conferred upon him by section 145(3) of the 1975 Act;

(b) any proceedings of the High Court during any period when–

(i) the court has made an order under section 4(2) of the Contempt of Court Act 1981 postponing publication of a report for a period; and

(ii) that period has not expired.

Section 5 Specified purpose

The following purposes are specified for the purposes of this Order:–

(a) the purpose of an appeal to the High Court;

(b) the purpose of any reference of a case to the High Court under section 263(1) of the 1975 Act or any application or petition in connection therewith;

(c) the purpose of any petition for the exercise of Her Majesty’s Prerogative of Mercy;

(d) the purpose of any proceedings before the European Commission of Human Rights or the European Court of Human Rights.

Section 6 Restriction on availability of transcripts

In any specified class of proceedings, the Clerk of Justiciary shall only make a direction under section 275(2)(b) of the 1975 Act if satisfied that the person requesting the transcript is a person who falls within a specified class of person and intends to use it only for a specified purpose.