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Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2009

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Transfer of summary proceedings

3.—(1) After Chapter 17 of the Rules (summary pre-trial procedure) insert—

CHAPTER 17ATRANSFER OF SUMMARY PROCEEDINGS

Transfer of summary proceedings

17A.1.(1) A written application by the procurator fiscal under—

(a)section 137A(1) of the Act of 1995 (transfer within sheriffdom)(1) shall be in Form 17A.1-A;

(b)section 137B(1) of the Act of 1995 (transfer outwith sheriffdom due to exceptional circumstances)(2) shall be in Form 17A.1-B;

(c)section 137B(1A) of the Act of 1995 (transfer outwith sheriffdom where accused cited to attend diet in other summary proceedings or other summary proceedings commenced) shall be in Form 17A.1-C;

(d)section 137B(1C) of the Act of 1995 (transfer outwith sheriffdom: intention to take summary proceedings where other summary proceedings commenced) shall be in Form 17A.1-D;

(e)section 137B(3) of the Act of 1995 (transfer outwith sheriffdom due to exceptional circumstances: revocation or variation of order) shall be in Form 17A.1-E;

(f)section 137B(4) of the Act of 1995 (transfer outwith sheriffdom where other summary proceedings commenced or intended: revocation or variation of order) shall be in Form 17A.1-F;

(g)section 137C(1) of the Act of 1995 (initiating custody cases outwith sheriffdom: exceptional circumstances)(3) shall be in Form 17A.1-G;

(h)section 137D(1) of the Act of 1995 (transfer of justice of the peace court proceedings where accused person to be sentenced in sheriff court)(4) shall be in Form 17A.1-H.

(2) Where the sheriff principal consents to an application under paragraph (1)(b), (e) or (g), he shall docquet his consent to the application.

(3) Where a sheriff consents to an application under paragraph (1)(c), (d) or (f), he shall docquet his consent to the application..

(2) After Form 17.2(5) in the appendix to the Rules insert the forms set out in Part 2 of the Schedule to this Act of Adjournal.

(1)

Section 137A was inserted by section 58 of the Criminal Justice (Scotland) Act 2003 (asp 7) and amended by section 22 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6).

(2)

Section 137B was inserted by section 58 of the Criminal Justice (Scotland) Act 2003 (asp 7). Subsection (1) was amended by, and subsections (1A) and (1C) were inserted by, section 22 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6).

(3)

Section 137C was inserted by section 22 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6).

(4)

Section 137D was inserted by section 22 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6).

(5)

Form 17.2 was inserted by S.S.I. 2007/511.

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