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NOTE OF APPEAL UNDER SECTION 74(1) OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995
Respondents: Welsh, Q.C., Johnston; Anderson Strathern: Davidson, Q.C., Monaghan; Ness Gallagher
In this Crown appeal the respondents are David Shields Montgomery and Andrew Alexander Marshall Coulter. On 2 July 1999 they were served with an indictment containing a number of charges, including a charge in these terms:
Rules 40.2 and 40.5 of the Act of Adjournal (Criminal Procedure Rules) 1996, which were added by the Act of Adjournal (Devolution Issues Rules) 1999, provide inter alia :
"40.2 (1) Where a party to proceedings on indictment proposes to raise a devolution issue he shall, not later than 7 days after the date of service of the indictment, give written notice of his intention to do so in Form 40.2A to the clerk of the court in which the trial is to take place; and a copy of the notice shall, at the same time, be served on the other parties to the proceedings and on the relevant authority.
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