Page 770 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
(5) A citation effected outside the United Kingdom—
(a) must not include notice of a penalty,
(b) must be accompanied by a notice giving any information required to be given by
rules of court.
(6) If a citation is effected outside the United Kingdom, no obligation under the law of Scot-
land to comply with the citation is imposed by virtue of its being so effected.
(7) Accordingly, failure to comply with the citation does not constitute contempt of court and
is not a ground for issuing a warrant to secure the attendance of the person in question or for
imposing any penalty.
(8) But the citation may subsequently be effected against the person in question in the United
Kingdom (with the usual consequences for non-compliance).
6-Effecting Scottish citation etc. otherwise than by post
(1) A citation or document to which section 5 applies may, instead of being effected or served
by post, be effected against or served on a person outside the United Kingdom in accordance
with arrangements made by the Lord Advocate.
(2) But where the person is in a participating country, the citation may be effected or docu-
ment served in accordance with those arrangements only if one of the following conditions is
met.
(3) The conditions are—
(a) that the correct address of the person is unknown,
(b) that it has not been possible to effect the citation or serve the document by post,
(c) that there are good reasons for thinking that citation or (as the case may be) service
by post will not be effective or is inappropriate.
CHAPTER 2
MUTUAL PROVISION OF EVIDENCE
Assistance in obtaining evidence abroad
7- Requests for assistance in obtaining evidence abroad
(1) If it appears to a judicial authority in the United Kingdom on an application made by a