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

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Scottish Statutory Instruments

2007 No. 276

HIGH COURT OF JUSTICIARY

SHERIFF COURT

DISTRICT COURTS

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

Made

11th April 2007

Coming into force

2nd May 2007

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

(2) After rule 7.8 (compulsion orders and hospital directions)(3) 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)(4) 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)(5) 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

Paragraph 2(3)

SCHEDULE

PART 1

Rule 7.9

Form 7.9Form of note of appeal under section 62 or 63 of the Criminal Procedure (Scotland) Act 1995

PART 2

Rule 20.3A(2)

Form 20.3A-BForm of notice of requirement to notify police under Part 2 of the Sexual Offences Act 2003

Explanatory Note

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

This Act of Adjournal amends the Criminal Procedure Rules (S.I. 1996/513) (“the 1996 Rules”). It inserts a new rule and form in relation to appeals in cases involving insanity.

It also amends the form of notice of requirement to notify the police under Part 2 of the Sexual Offences Act 2003 (“the 2003 Act”) to include new requirements to notify details of any passports, bank accounts or credit cards held. These changes are consequent upon amendment of the 2003 Act by the Police, Public Order and Criminal Justice (Scotland) Act 2006 and commencement of the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2007.

(2)

S.I. 1996/513, last amended by S.S.I. 2007/237 and 238.

(3)

Rule 7.8 was inserted by S.S.I. 2005/457.

(4)

Form 7.6 was inserted by S.S.I. 2005/457.

(5)

Form 20.3A-B was substituted by S.S.I. 2004/206 and amended by S.S.I. 2006/436.

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