Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2008

Scottish Statutory Instruments

2008 No. 62

SHERIFF COURT

JUSTICE OF THE PEACE COURT

Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2008

Made

20th February 2008

Coming into force in accordance with paragraph 1(2) and (3)

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, commencement and interpretation

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2008 and shall come into force in accordance with subparagraphs (2) and (3).

(2) Paragraph 2 comes into force on 10th March 2008.

(3) Paragraph 3 comes into force on 1st April 2008.

(4) In this Act of Adjournal, “the Rules” means the Criminal Procedure Rules 1996(2).

(5) This Act of Adjournal shall be inserted in the Books of Adjournal.

Means Form

2.  In the appendix to the Rules, for Form 16.1-D (means form) substitute the form set out in the Schedule to this Act of Adjournal.

Adult vulnerable witnesses in summary proceedings

3.—(1) In the appendix to the Rules, in Form 22.1A(3) (vulnerable witness application) after “(place)]” insert–

• “[or has been charged in the above court on a summary complaint at the instance of the procurator fiscal with a trial diet on (date) in the sheriff court of (place).”.

(2) The following provisions are revoked:–

(a) in the Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005(4), paragraph 2(2);

(b) in the Act of Adjournal (Criminal Procedure Rules Amendment No. 6) (Vulnerable Witnesses (Scotland) Act 2004) (Evidence on Commission) 2005(5), paragraph 2(2); and

(c) in the Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006(6), paragraphs 2(2) and (3).

A C Hamilton

Lord Justice General I.P.D.

Edinburgh

20th February 2008

Paragraph 2

SCHEDULE

Rule 16.1(3)(b)

Form 16.1-D

Explanatory Note

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

This Act of Adjournal amends the Criminal Procedure Rules 1996.

Paragraph 2 substitutes a new Form 16.1-D (means form).

Paragraph 3 amends the Rules to make provision consequential on the commencement of the provisions of the Vulnerable Witnesses (Scotland) Act 2004 in relation to adult vulnerable witnesses in summary proceedings in the sheriff court.

Paragraph 3(1) amends the form of vulnerable witness application set out in the appendix to the Rules to allow it to apply in summary proceedings.

Paragraph 3(2) revokes provision which is no longer necessary in consequence of the completion of the commencement of the Vulnerable Witnesses (Scotland) Act 2004.

(1)

1995 c. 46.

(2)

The Criminal Procedure Rules 1996 are contained in Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2008/ 61).

(3)

Form 22.1A was inserted by S.S.I. 2006/76 and amended by S.S.I. 2007/495.

(4)

S.S.I. 2005/188.

(5)

S.S.I. 2005/574.

(6)

S.S.I. 2006/76.