Explanatory Note
(This note is not part of the Act of Adjournal)
This Act of Adjournal amends the Act of Adjournal (Criminal Procedure Rules) 1996 in consequence of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6).
Paragraph 2 amends rule 2.3A to include reference to summary proceedings.
Paragraph 3 inserts a new chapter A4 and a new rule A4.1 which provides a form of written application for the court to excuse a procedural irregularity. Such an application may also be made orally in court.
Paragraph 4 provides a form of warrant for the apprehension of an accused who has failed to appear in solemn proceedings.
Paragraph 5 amends rule 16.6 to allow for electronic citation of witnesses, providing a form of citation and form of reply to be returned by the witness.
Paragraph 6 inserts a new chapter 16A and a new rule 16A.1 which provides a form of written notification to the court that a solicitor has been engaged by an accused and a separate form for a solicitor to notify the court that he has been dismissed by, or has withdrawn from acting for, the accused. Such notification may also be given orally in court.
Paragraph 7 inserts a new rule 17.2 which provides a form for the notification to the prosecutor of a defence under section 149B and provides that a copy of the form should be served on any co-accused.
Paragraph 8 inserts a new chapter 27A and new rule 27A.1, which provides that an appeal from the decision of a sheriff on a petition for recovery of documents under section 301A of the 1995 Act must be lodged with the Clerk of Justiciary within 2 days of the sheriff’s decision. It also provides a form of appeal.
Paragraph 9 inserts a new rule 28.2 which provides a form of written application by the prosecutor for an order requiring the accused to participate in an identification parade. It also provides that there may be a hearing. Such an application may also be made orally in court.
Paragraph 10 inserts a new paragraph into Form 15.1-D (form of petition to High Court of Justiciary for bail pending appeal) requiring the appellant to specify the address that would be his normal place of residence if bail were granted.
Paragraph 11 amends various forms in the appendix to the Rules by extending to commissioner proceedings the prohibition on the accused conducting his own defence in sexual offence proceedings.
Paragraph 12 amends Form 19.4 to reflect that a request for an extension of the time limit for a summary appeal under section 180 of the 1995 Act will be considered on cause shown.