Scottish Law Online Discussion Forum
http://www.scottishlaw.org.uk/cgi-bin/yabb2/YaBB.pl
Help >> Legal Advice and Questions >> The Lodging Of Productions
http://www.scottishlaw.org.uk/cgi-bin/yabb2/YaBB.pl?num=1106762029

Message started by stax2004 on Jan 26th, 2005 at 10:53pm

Title: The Lodging Of Productions
Post by stax2004 on Jan 26th, 2005 at 10:53pm
Why is it necessary to lodge a production (from the defence) before the commencement of a trial?

Title: Re: The Lodging Of Productions
Post by mr_physical on Feb 1st, 2005 at 1:09am
Do you mean  (a) where do you find the provision that makes it necessary, or (b) what is the reason for the requirement?

(a)  [i] In solemn proceedings - Criminal Procedure (Scotland) Act 1995 section 78 (4).  See Renton & Brown's Criminal Procedure [6th edition] para 14-29 et seq
[ii] In summary proceedings - no requirement for either side to lodge productions before the start of the trial.

(b) Fairness.  The Crown have to give the accused 29 clear days notice of the evidence it intends to lead.  It is not unreasonable to ask the defence to give the prosecution 10 days notice.

Title: Re: The Lodging Of Productions
Post by stax2004 on Feb 2nd, 2005 at 12:06am
I meant b)

If the defence lodges a production, can the Crown challenge its admissibility?

In the case of "yes"....if no challenge is forthcoming from the Crown, is the production duly noted as being authentic?

Title: Re: The Lodging Of Productions
Post by mr_physical on Feb 4th, 2005 at 12:21am
(a) Yes
(b) No

Title: Re: The Lodging Of Productions
Post by stax2004 on Feb 4th, 2005 at 4:27am
Ok, thanks Mr P.

If the production is led in court and its authenticity is the key to the accused's innocence, yet its authenticity has not been established or disproved by any party, is it reasonable conduct for the trial judge to proceed and come to a ruling without asking that the production be authenticated?

If one party is relying on a production and another party is relying on that same production being disproved as authentic, surely the trial judge, in the name of fairness and justice, should ask that the production is authenticated (which would be the responsibility of the defence in this instance) and if the defence then failed to prove its authenticity the trial judge could advance towards his ruling? Relying on the rule that an accused person need not prove anything unless challenged on a specific point (which would be the case here), if the Crown does not challenge the admissibility of the production or demand that the production is authenticated, surely it is unreasonable for the trial judge to arrive at a ruling which, due to the contents of this particular production, would be an absolute impossibility?

Title: Re: The Lodging Of Productions
Post by stax2004 on Oct 29th, 2007 at 11:34pm
Well?

Title: Re: The Lodging Of Productions
Post by stax2004 on May 19th, 2009 at 11:23pm
I've been waiting over 4 years for an answer.

Scottish Law Online Discussion Forum » Powered by YaBB 2.5 AE!
YaBB Forum Software © 2000-2010. All Rights Reserved.