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Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2010

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Scottish Criminal Cases Review Commission

6.—(1) For Chapter 19B(1) substitute—

CHAPTER 19BSCOTTISH CRIMINAL CASES REVIEW COMMISSION

References

19B.1.(1) This rule applies to a reference by the Scottish Criminal Cases Review Commission to the High Court under section 194B of the Act of 1995.

(2) The Clerk of Justiciary shall—

(a)assign the reference to a procedural hearing fixed for a date not earlier than 21 days after receipt of the reference; and

(b)as soon as possible thereafter, intimate the diet to every party and to the governor of any institution in which any accused is detained.

(3) At the procedural hearing the High Court shall consider and make orders in respect of—

(a)the Court’s power to reject the reference under section 194DA of the Act of 1995(2);

(b)any application under section 194D(4B) of the Act of 1995(3);

(c)any application under section 194D(4D) of the Act of 1995(4);

(d)the procedure to be followed in the determination of the reference;

(e)any other matter which the Court considers appropriate in respect of the reference.

Applications for requests for assistance

19B.2.(1) An application under section 194IA of the Act of 1995 shall be in Form 19B.2 and shall be lodged with the Clerk of Justiciary.

(2) The High Court shall—

(a)without requiring intimation to any other party, proceed to consider the application;

(b)after considering it shall grant it, with or without any modifications which it deems appropriate, or shall refuse it.

(3) The application shall be registered by the Clerk of Justiciary as if it were an application made under section 7(1) of the Crime (International Co-operation) Act 2003 and rule 36.6(5) applied..

(2) In the appendix, after Form 19.18(6) insert Form 19B.2 set out in Part 2 of the Schedule to this Act of Adjournal.

(3) The amendments made by subparagraphs (2) and (3) do not affect a reference under section 194B of the Criminal Procedure (Scotland) Act 1995(7) made before 13th December 2010.

(1)

Chapter 19B was inserted by S.S.I. 2003/468 and amended by S.S.I. 2010/386.

(2)

Section 194DA was inserted by section 7(4) of the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (asp 15).

(3)

Section 194D(4C) was inserted by section 83 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

(4)

Section 194D(4D) was inserted by section 83 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

(5)

Chapter 36 was substituted by S.S.I. 2004/195.

(6)

Form 19.18 was inserted by S.S.I. 2003/387.

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