Sexual Offences Court records 5 53 Sexual Offences Court records (1) The Public Records (Scotland) Act 1937 is amended as follows. (2) After section 1 (High Court and Court of Session records), insert— “1ZA Sexual Offences Court records (1) The records of the Sexual Offences Court are to be transmitted to the Keeper 10 at such times, and subject to such conditions, as may be prescribed by act of 1 adjournal. (2) An act of adjournal under subsection (1) may— (a) fix different times and conditions of transmission for different descriptions or records, 15 (b) make provision for— (i) re-transmission of records to the Sexual Offences Court or the High Court of Justiciary when necessary for the purposes of proceedings in either court, (ii) the return to the Keeper of records re-transmitted under 20 sub-paragraph (i) as soon as they are no longer required for such purposes. (3) Before making an act of adjournal under subsection (1), the High Court must consult the Keeper.”. 54 Sexual Offences Court records: authentication and electronic form 25 (1) A record of the Sexual Offences Court is authenticated by being signed by— (a) a Judge of the Sexual Offences Court, or (b) the Clerk of the Sexual Offences Court. (2) A record authenticated in accordance with subsection (1), or a certified copy of such a record or of an extract of such a record, is sufficient evidence of the facts recorded in 30 the record. (3) The Sexual Offences Court may keep (and produce) records in electronic form. (4) For the purposes of this section, a reference to a record or a copy of a record being signed or, as the case may be, certified, includes a reference to the record or copy being authenticated by means of— 35 (a) an electronic signature, or (b) such other means of authentication as may be specified for that purpose by act of adjournal. 43 Victims, Witnesses, and Justice Reform (Scotland) Bill Part 5—Sexual Offences Court Chapter 4—Procedure (5) Before making an act of adjournal under subsection (4)(b), the High Court of Justiciary must consult the Keeper of the Records of Scotland. (6) In this section— “certified copy” means a copy certified by the Clerk of the Sexual Offences Court 5 as a true copy, “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document, “record” means any interlocutor, decree, minute or other document by which the 10 proceedings and decisions of the Sexual Offences Court are recorded. 1 C HAPTER 4 P ROCEDURE Procedure 55 Sexual Offences Court procedure 15 (1) The provisions of the 1995 Act apply to proceedings in the Sexual Offences Court as though the proceedings were taking place in the High Court of Justiciary (and references are to be construed accordingly) except where and to the extent that the provisions of the 1995 Act are inconsistent with provision made by or under this Act. (2) The Scottish Ministers may, by regulations, make further provision for the procedure 20 which applies to proceedings in the Sexual Offences Court for the purpose of ensuring the proper functioning of the Court. (3) Before making regulations under subsection (2), the Scottish Ministers must consult the Lord Justice General. (4) Regulations under subsection (2) may modify any enactment (including this Act). 25 (5) The High Court may by act of adjournal make any incidental, supplementary, consequential, transitional, transitory or saving provision it considers appropriate, including modifying any enactment (including this Act), for the purposes of, in connection with or for giving full effect to this Part and any provision made under it. (6) Subsection (5) is without prejudice to section 305 of the 1995 Act. 30 Prohibition on personal conduct of defence 56 Prohibition on personal conduct of defence (1) An accused is prohibited from conducting their own case in person at, or for the purposes of, any hearing in the course of proceedings in the Sexual Offences Court at which a witness is to give evidence. 35 (2) If, at any point in the proceedings, the Sexual Offences Court— (a) ascertains that an accused does not have a solicitor to conduct the accused's case at, or for the purposes of, any hearing at which a witness is to give evidence, and (b) is not satisfied that the accused intends to engage a solicitor to do so, 44 Victims, Witnesses, and Justice Reform (Scotland) Bill Part 5—Sexual Offences Court Chapter 4—Procedure the Court must appoint a solicitor to conduct the accused's case. (3) The Sexual Offences Court may only appoint a solicitor who has a right of audience in the Court in accordance with section 47. (4) An appointed solicitor— 5 (a) is to ascertain and act upon the instructions of the accused, (b) in the event that the accused gives no instructions, or gives instructions that are inadequate or perverse, is to act in the accused’s best...