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The Justice of the Peace Courts (Scotland) Amendment Order 2013

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25.—(1) With effect from the appointed date—

(a)anything done in the closing court under article 24 has effect as if done in or in relation to the receiving court;

(b)any cases, proceedings or matters instituted in the closing court, but which have not yet been completed, are to continue in the receiving court as if instituted there;

(c)ongoing cases, proceedings or matters at the closing court are to be heard and disposed of at the receiving court as if the receiving court always had jurisdiction for such cases, proceedings or matters;

(d)any—

(i)verdict, sentence (deferred or otherwise), order or other determination (interim or otherwise);

(ii)document, (including any complaint, citation, warrant or notice);

which makes reference (in whatever terms) to the closing court, the judge of the closing court, the clerk of the closing court or the sheriff court district where the closing court is situated has effect as though that reference is a reference to the receiving court, the judge of the receiving court, the clerk of the receiving court or where different, the sheriff court district where the receiving court is situated (whichever is applicable);

(e)any sentence, order, fine, penalty, conditional offer, compensation offer or other alternative to prosecution that was enforceable in the sheriff court district where the closing court is situated is to continue to be enforceable in the sheriff court district where the receiving court is situated;

(f)all documents held by the closing court are to be treated as held by the receiving court.

(2) The operation of this article does not affect the power or jurisdiction of the receiving court, apart from this article, to deal with any matter prior to, or with effect from, the appointed date.

(3) Despite the operation of this article, any document which makes reference to the closing court, may be treated as referring to the closing court, where—

(a)it is in the interests of justice; or

(b)the context otherwise requires.

(4) In this article—

1988 Act” means the Road Traffic Offenders Act 1988(1);

“clerk” means, as the context requires—

(a)

the clerk of a JP court in terms of section 63(3) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007(2);

(b)

the sheriff clerk;

“conditional offer” means, as the case may be, a conditional offer within the meaning of—

(a)

section 302(3) (fixed penalty: conditional offer by procurator fiscal) of the 1995 Act; or

(b)

section 75(5) (issue of conditional offer) of the 1988 Act;

“compensation offer” means a compensation offer within the meaning of section 302A(4) (compensation offer) of the 1995 Act;

“fixed penalty” means, as the case may be, a fixed penalty within the meaning of Part III (fixed penalties) of the 1988 Act, or Part 11 (fixed penalties) of the Antisocial Behaviour etc. (Scotland) Act 2004(5);

“judge” means, as the context requires—

(a)

a JP;

(b)

a sheriff or sheriff principal;

“order” includes an order for payment (including pecuniary forfeiture or compensation), imprisonment in default of payment of any sum of money or contempt of court;

“penalty” includes a fixed penalty;

“sheriff” includes a part-time sheriff and an honorary sheriff;

“sheriff clerk” includes sheriff clerk depute;

“sheriff principal” includes a temporary sheriff principal.

(1)

1988 c.53; to which there are amendments not relevant to this Order.

(2)

There are amendments to section 63 not relevant to this Order.

(3)

There are amendments to section 302 not relevant to this Order.

(4)

Section 302A was added by the 2007 Act, section 50(2), there are amendments to section 302A which are not relevant to this Order.

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