keep The Transcripts of Criminal Proceedings (Scotland) Amendment Order 1995
A Scottish statutory instrument that amends the Transcripts of Criminal Proceedings (Scotland) Order 1993. It modifies Article 4 to clarify excluded proceedings (closed court proceedings under the 1975 Act, and High Court proceedings restricted by Contempt of Court Act orders), and adds Article 5(e) to permit transcript access for proceedings before the Court of Justice of the European Communities.
This regulation governs access to court transcripts in Scotland, restricting access to sensitive proceedings conducted in closed courtrooms or subject to publication bans. These restrictions protect fair trial rights, witness protection, and privacy interests. The EU reference is obsolete post-Brexit but the restriction framework itself serves legitimate purposes that would be difficult to replicate through alternative means. The regulation does not impose economic burdens, restrict trade, or distort market incentives.