Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2004

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2004 and shall come into force on 26th November 2004.

(2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of the Act of Adjournal (Criminal Procedure Rules) 1996

2.—(1) The Act of Adjournal (Criminal Procedure Rules) 1996(1) shall be amended in accordance with the following sub-paragraphs.

(2) In rule 8A.2(1) (further pre-trial diet) for “72F(3)” there shall be substituted “72F(5)”.

(3) In rule 13A.1 (citation of witnesses for precognition) for “of this Act” there shall be substituted “of the Act”.

(4) After rule 20.19 (reduction of disqualification period for drink-drive offenders) there shall be inserted the following:–

“Antisocial behaviour orders

20.20.   An antisocial behaviour order made under section 234AA of the Act of 1995(2) shall be in Form 20.20.”.

(5) After Chapter 46 (parental directions under the Sexual Offences Act 2003), there shall be inserted the following:–

“CHAPTER 47 PROTECTION OF CHILDREN (SCOTLAND) ACT 2003

References under the Protection of Children (Scotland) Act 2003

47.1.   Where section 10(5) of the Protection of Children (Scotland) Act 2003(3) applies, the clerk of court shall forthwith–

(a) post a notice of reference in Form 47.1; and

(b) transmit, by facsimile or other electronic means, a copy of that notice,

to the Scottish Ministers.”.

(6) In the appendix–

(a) in the heading for Form 13A.1–A (form of citation of witness for precognition) for “Form 13A.1–A” there shall be substituted “Form 13A.1”;

(b) after Form 20.19–B there shall be inserted the form set out in Part 1 of the Schedule to this Act of Adjournal;

(c) at the end there shall be inserted the form set out in Part 2 of the Schedule to this Act of Adjournal.

Cullen of Whitekirk

Lord Justice General I.P.D.

Edinburgh

5th November 2004