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Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2005

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Scottish Statutory Instruments

2005 No. 160

SHERIFF COURT

DISTRICT COURTS

Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2005

Made

18th March 2005

Coming into force

31st March 2005

The Lord Justice General, the Lord Justice Clerk and the Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section 305 of the Criminal Procedure (Scotland) Act 1995(1), and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2005 and shall come into force on 31st March 2005.

(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(2) shall be amended in accordance with the following sub-paragraphs.

(2) In rule 2.6 (forms of execution of service)(3)—

(a)at the end of paragraph (5)(e) “and” shall be omitted; and

(b)after paragraph (5)(f) there shall be inserted the following:–

; and

(g)rule 20.12C(2) or (3) (community reparation orders: forms of citation of offender) shall be in Form 2.6–EG.

(3) After rule 16.4 (further procedural forms) there shall be inserted the following:–

Incidental applications out of hours

16.4A.(1) Where the prosecutor makes an incidental application in Form 16.4–A when the office of the prosecutor is closed, the application shall not require to be signed by the prosecutor but shall state the name of the prosecutor.

(2) The oath of a police officer shall be sufficient to authenticate the application as being an application by the prosecutor named on the application..

(4) After rule 20.12B (drug treatment and testing orders)(4) there shall be inserted the following:–

Community reparation orders

20.12C.(1) A community reparation order under section 245K(1)(5) of the Act of 1995 shall be in Form 20.12C–A.

(2) The citation of an offender to appear before a court under section 245N(2) of the Act of 1995 (failure to comply with a community reparation order) shall be in Form 20.12C–B.

(3) The citation of an offender to appear before a court under section 245P(3) of the Act of 1995 (extension, variation and revocation of a community reparation order) shall be in Form 20.12C–C..

(5) In rule 20.17 (use of certified copy documents in certain proceedings)—

(a)at the end of paragraph (1)(c) “or” shall be omitted; and

(b)at the end of paragraph (1)(d) there shall be inserted the following:–

or

(e)a community reparation order,.

(6) In the appendix—

(a)after Form 2.6–EF there shall be inserted the form set out in Part 1 of the Schedule to this Act of Adjournal;

(b)after Form 20.12B–C there shall be inserted the forms set out in Part 2 of the Schedule to this Act of Adjournal.

Cullen of Whitekirk

Lord Justice General I.P.D.

Edinburgh

18th March 2005

Paragraph 2(6)

SCHEDULE

PART 1

Rule 2.6(5)

FORM 2.6–EGForm of execution of citation under section 245N(2) or 245P(3) of the Criminal Procedure (Scotland) Act 1995

PART 2

Rule 20.12C(1)

FORM 20.12C–AForm of community reparation order under section 245K(1) of the Criminal Procedure (Scotland) Act 1995

Rule 20.12C(2)

FORM 20.12C–BForm of citation under section 245N(2)(b) of the Criminal Procedure (Scotland) Act 1995

Rule 20.12C(3)

FORM 20.12C–CForm of citation under section 245P(3) of the Criminal Procedure (Scotland) Act 1995

Explanatory Note

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

This Act of Adjournal amends the Criminal Procedure Rules 1996 (S.I. 1996/513) (“the 1996 Rules”) to make provisions consequent upon the Antisocial Behaviour etc. (Scotland) Act 2004, which makes a community reparation order available as a sentence. It also makes provision that an incidental application by the prosecutor when the prosecutor’s office is closed can be unsigned.

Paragraph 2(2) amends rule 2.6 (forms of execution of service) to include reference to the forms of execution of service of citations of offenders subject to a community reparation order.

Paragraph 2(3) inserts a new rule 16.4A to provide that the prosecutor does not have to sign an incidental application under section 134 of the Criminal Procedure (Scotland) Act 1995 which is made when the office of the prosecutor is closed but must indicate the name of the prosecutor making the application. The oath of a police officer is sufficient to authenticate that the application has been made by the prosecutor named in it.

Paragraph 2(4) inserts a new rule 20.12C which sets out the form of a community reparation order and the forms of citation of the offender where the offender is alleged to have failed to comply with a direction under the order or an application is made to extend, vary or revoke the order.

Paragraph 2(5) amends rule 20.17 (use of certified copy documents in certain proceedings) to allow certified copy documents rather than originals to be before a court other than the court that made the order where it is dealing with proceedings relating to a community reparation order.

Paragraph 2(6) amends the appendix to the 1996 Rules by inserting various forms in connection with community reparation orders.

(2)

S.I. 1996/513, last amended by S.S.I. 2005/44.

(3)

Rule 2.6 was amended by S.S.I. 2003/468 and S.S.I. 2005/44.

(4)

Rule 20.12B was inserted by S.S.I. 1999/191 and amended by S.S.I. 2003/468.

(5)

Sections 245K to 245P were inserted by section 120 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

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