The Criminal Procedure (Amendment) (Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2005

Citation and commencement

1.—(1) This Order may be cited as the Criminal Procedure (Amendment) (Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2005.

(2) Subject to paragraph (3) below, this Order shall come into force on 31st January 2005.

(3) Article 4(3) shall come into force on the day appointed for the coming into force of section 1 of the 2004 Act, so far as that section inserts sections 271A and 271C into the 1995 Act, but where section 1 of the 2004 Act comes into force for a particular purpose, article 4(3) shall come into force only for that purpose.

Interpretation

2.  In this Order–

“the 2004 Act” means the Vulnerable Witnesses (Scotland) Act 2004(1)

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(2).

Amendments to the Criminal Procedure (Amendment) (Scotland) Act 2004

3.—(1) The Criminal Procedure (Amendment) (Scotland) Act 2004 is amended in accordance with the following paragraphs of this article.

(2) In section 9, in section 81(4) of the 1995 Act as substituted, after “appointed” where it first occurs, insert “or the accused has been cited to a trial diet in the sheriff court”.

(3) In section 10(3), in inserted section 92(2F) of the 1995 Act, for paragraph (b) substitute–

“(b) in respect of which section 288E of this Act applies; or

(c) in which an order has been made under section 288F(2) of this Act.”.

(4) In section 18(2), in inserted section 25(2A)(a) of the 1995 Act, after “Crown Agent” insert–

“and for that purpose the application shall be taken to be intimated to the Crown Agent if intimation of it is sent to the procurator fiscal for the sheriff court district in which bail was granted”.

(5) In paragraph 50(b) of the schedule, in inserted section 281A(3) of the 1995 Act for “the relevant time” substitute “the required time”.

Amendments to the Criminal Procedure (Scotland) Act 1995

4.—(1) The 1995 Act is amended in accordance with the following paragraphs of this article.

(2) Section 24A (bail: extradition proceedings)(3) is renumbered as section 24F.

(3) In section 71, after subsection (2) insert–

“(2XA) At a first diet the court shall also dispose of any child witness notice under section 271A(2) or vulnerable witness application under section 271C(2) appointed to be disposed of at that diet.”.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House, Edinburgh

24th January 2005