Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2007

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2007 and shall come into force on 2nd May 2007.

(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) After rule 7.8 (compulsion orders and hospital directions)(2) there shall be inserted the following:–

“Appeals

7.9.— (1) An appeal under–

(a) section 62 of the Act of 1995 (appeal by accused in case involving insanity); or

(b) section 63 of the Act of 1995 (appeal by prosecutor in case involving insanity),

shall be made by lodging a note of appeal in Form 7.9.

(2) At the same time as lodging a note of appeal under paragraph (1), the applicant shall send a copy to the other parties.

(3) As soon as possible after the lodging of a note of appeal under paragraph (1), the Clerk of Justiciary shall request a report from the judge who made the finding, order or acquittal which is the subject of the appeal.”.

(3) In the appendix–

(a) after Form 7.6 (form of order for diet and warrant)(3) there shall be inserted the form set out in Part 1 of the Schedule to this Act of Adjournal;

(b) for Form 20.3A-B (form of notice of requirement to notify police)(4) there shall be substituted the form set out in Part 2 of the Schedule to this Act of Adjournal.

A C HAMILTON

Lord Justice General I.P.D.

Edinburgh

11th April 2007