Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 2) (Serious Crime Prevention Orders) 2016

EXPLANATORY NOTE

(This note is not part of the Act of Adjournal)

This Act of Adjournal inserts a new Chapter 63 (serious crime prevention orders) into the Criminal Procedure Rules 1996 in consequence of the amendments made to the Serious Crime Act 2007 by the Serious Crime Act 2015. Those amendments extend the availability of serious crime prevention orders so that they may be made in Scotland.

Paragraph 2(2) inserts the new Chapter. New rule 63.2 prescribes the form in which an application for a serious crime prevention order is to be made and the form of such an order. When an application is lodged, the court must order the application to be intimated to the proposed subject and appoint a hearing. Rule 63.3 makes similar provision for applications to vary (or replace) a serious crime prevention order. Rule 63.4 makes similar provision for applications to extend a serious crime prevention order by varying it pending the outcome of certain criminal proceedings. Rule 63.5 goes on to make provision about how the making of an order, its variation or replacement is to be brought to the attention of the subject. If the person is present in court or represented when the order is made, varied or replaced, the clerk is to give a copy of the order or variation to that person. Where, exceptionally, the person is neither present nor represented, the rules require the Lord Advocate (who is the applicant in all Scottish cases) to serve notice on the person in accordance with section 10 of the Serious Crime Act 2007. The forms referred to in the new Chapter are inserted by paragraph 2(4)(b).

Paragraph 2(3) revokes Chapter 49 (financial reporting orders). As a consequence of the extension of serious crime prevention orders to Scotland, the provisions about financial reporting orders in the Serious Organised Crime and Police Act 2005 are repealed on 1st March 2016 by section 50 of the Serious Crime Act 2015. Chapter 49 is accordingly revoked, as are its associated forms (paragraph 2(4)(a)).

Paragraph 3(1) disapplies new Chapter 63 and its associated forms in relation to a person who is being dealt with on or after 1st March 2016 in relation to an offence of which the person was convicted before that date. This mirrors the saving provision for sections 22A to 22C of the Serious Crime Act 2007 in regulation 5(1) of the Serious Crime Act 2015 (Commencement No. 5 and Transitional Provisions and Savings) Regulations 2016.

Paragraph 3(2) contains a saving provision in respect of the revocation of Chapter 49 and its forms, so that those provisions continue in force in connection with any financial reporting order made prior to 1st March 2016.

The Act of Adjournal comes into force on 17th March 2016.