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

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Scottish Statutory Instruments

2009 No. 144

HIGH COURT OF JUSTICIARY

SHERIFF COURT

JUSTICE OF THE PEACE COURTS

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

Made

3rd April 2009

Coming into force

30th April 2009

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) (Miscellaneous) 2009 and comes into force on 30th April 2009.

(2) This Act of Adjournal is to be inserted in the Books of Adjournal.

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

Transfer of solemn proceedings (sheriff court)

2.  (1)  After Chapter 8B of the Rules (failure of accused to appear)(3) insert—

CHAPTER 8CTRANSFER OF PROCEEDINGS (SHERIFF COURT)

Transfer of solemn proceedings outwith sheriffdom

8C.1.  A written application by the prosecutor under section 34A of the Act of 1995 (initiating proceedings outwith sheriffdom: exceptional circumstances)(4) shall be in Form 8C.1..

(2) After Form 8B.1(5) in the appendix to the Rules insert the form set out in Part 1 of the Schedule to this Act of Adjournal.

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)(6) shall be in Form 17A.1-A;

(b)section 137B(1) of the Act of 1995 (transfer outwith sheriffdom due to exceptional circumstances)(7) 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)(8) 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)(9) 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(10) in the appendix to the Rules insert the forms set out in Part 2 of the Schedule to this Act of Adjournal.

Identification procedures

4.  (1)  In the heading of Chapter 28 of the Rules (identification parades) for “parades” substitute “procedures”.

(2) For “parade” substitute “procedure” wherever it appears in each of the following places in:

(a)rule 28.2 of the Rules (order requiring accused to participate in identification parade)(11), in the heading and in paragraph (1); and

(b)the heading of Form 28.2 in the appendix to the Rules (form of application for order requiring accused to participate in identification parade)(12).

Service of bills and petitions

5.  After Chapter 29 of the Rules (precognition on oath of defence witnesses) insert–

CHAPTER 29ASERVICE OF BILLS OF ADVOCATION AND SUSPENSION AND PETITIONS TO THE NOBILE OFFICIUM

Service of bill or petition

29A.1.  (1)  Where a first order for service is sought in relation to—

(a)a bill of advocation;

(b)a bill of suspension; or

(c)a petition to the nobile officium,

the complainer or petitioner shall provide two copies of the bill or petition when presenting it to the Clerk of Justiciary for registration.

(2) Where a first order for service is granted, the Clerk of Justiciary shall provide the complainer or petitioner with a certified copy of—

(a)the bill or petition; and

(b)the interlocutor granting first order for service.

(3) The complainer or petitioner shall serve the certified copy of the bill or petition and interlocutor on the respondent.

(4) Where a bill or petition arises from proceedings in a lower court, the Clerk of Justiciary shall intimate a copy to that court..

Animal dealing licences: disqualification

6.  (1)  In rule 51.1 of the Rules (interpretation: animal health and welfare)(13) in the definition of “disqualification order” for “or section 40 of the 2006 Act” substitute—

  • , section 40 of the 2006 Act or regulation 21(2) of the Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009(14).

(2) In Form 51.5 in the appendix to the Rules(15) after the words “Animal Health and Welfare (Scotland) Act 2006]” insert—

  • [or regulation 21(1) of the Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009].

A.C. HAMILTON

Lord Justice General I.P.D.

Edinburgh

3rd April 2009

Paragraph 2(2)

SCHEDULE

PART 1

Rule 8C.1

Form 8C.1Application for transfer of petition custody proceedings under section 34A(1) of the Criminal Procedure (Scotland) Act 1995

Paragraph 3(2)

PART 2

Rule 17A.1(1)(a)

Form 17A.1-AApplication for transfer of proceedings under Section 137A(1) of the Criminal Procedure (Scotland) Act 1995

Rule 17A.1(1)(b)

Form 17A.1-BApplication for transfer of proceedings under section 137B(1) of the Criminal Procedure (Scotland) Act 1995

Rule 17A.1(1)(c)

Form 17A.1-CApplication for transfer of proceedings under section 137B(1A) of the Criminal Procedure (Scotland) Act 1995

Rule 17A.1(1)(d)

Form 17A.1-DApplication for transfer of proceedings under section 137B(1C) of the Criminal Procedure (Scotland) Act 1995

Rule 17A.1(1)(e)

Form 17A.1-EApplication for revocation or variation of order under section 137B(3) of the Criminal Procedure (Scotland) Act 1995

Rule 17A.1(1)(f)

Form 17A.1-FApplication for revocation or variation of order under section 137B(4) of the Criminal Procedure (Scotland) Act 1995

Rule 17A.1(1)(g)

Form 17A.1-GApplication for transfer of summary custody proceedings under section 137C(1) of the Criminal Procedure (Scotland) Act 1995

Rule 17A.1(h)

Form 17A.1-HApplication for transfer of proceedings from justice of the peace court to sheriff court under section 137D(1) of the Criminal Procedure (Scotland) Act 1995

Explanatory Note

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

This Act of Adjournal amends the Criminal Procedure Rules 1996.

Paragraph 2 inserts a new Chapter 8C providing a form for an application by the prosecutor for the transfer of solemn proceedings in the sheriff court under section 34A of the Criminal Procedure (Scotland) Act 1995.

Paragraph 3 inserts a new Chapter 17A, providing forms for applications by the prosecutor for the transfer of summary proceedings in the sheriff court under sections 137A, 137B, 137C and 137D of the Criminal Procedure (Scotland) Act 1995.

Paragraph 4 makes minor amendments to Chapter 28 and Form 28.2 in relation to identification procedures.

Paragraph 5 inserts a new Chapter 29A, providing rules in relation to the service of bills of advocation and suspension and petitions to the nobile officium.

Paragraph 6 amends Chapter 51 in consequence of the Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009.

(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. 2008/275).

(3)

Chapter 8B was inserted by S.S.I. 2007/511.

(4)

Section 34A was inserted by section 31 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6).

(5)

Form 8B.1 was inserted by S.S.I. 2007/511.

(6)

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).

(7)

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).

(8)

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

(9)

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

(10)

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

(11)

Rule 28.2 was inserted by S.S.I. 2007/511.

(12)

Form 28.2 was inserted by S.S.I. 2007/511 and amended by S.S.I. 2008/61.

(13)

Rule 51.1 was inserted by S.S.I. 2007/238.

(14)

S.S.I. 2009/141.

(15)

Form 51.5 was inserted by S.S.I. 2007/238.

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