Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015

Amendment of the Criminal Procedure Rules 1996: miscellaneous

4.—(1) The Criminal Procedure Rules 1996 are amended in accordance with this paragraph.

(2) In rule 4.2 (attendance of accused at Crown bail appeals)—

(a) in paragraph (2), for “Clerk of Justiciary” substitute “clerk of the appropriate Appeal Court”;

(b) after paragraph (2), insert—

“(3) In this rule, “clerk of the appropriate Appeal Court” has the meaning given by section 32(11) of the Act of 1995(1).”.

(3) In rule 7.9 (mental disorder: appeals)(2)—

(a) in paragraph (3), for “Clerk of Justiciary” substitute “clerk of the appropriate Appeal Court”;

(b) after paragraph (3), insert—

“(4) In this rule, “clerk of the appropriate Appeal Court” means—

(a) in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;

(b) in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of the Sheriff Appeal Court.”.

(4) In rule 17.1 (appeals against extension of period of detention)(3)—

(a) in paragraph (1), for “High Court” substitute “Sheriff Appeal Court”;

(b) in each of paragraphs (3), (4), (4A) and (5), for “Clerk of Justiciary” in each place where it occurs substitute “Clerk of the Sheriff Appeal Court”.

(5) In rule 27A.1 (recovery of documents: appeal against decision of sheriff)(4)—

(a) in paragraph (1), for “Clerk of Justiciary” substitute “clerk of the appropriate Appeal Court”;

(b) after paragraph (3), insert—

“(4) In this rule, “clerk of the appropriate Appeal Court” means—

(a) in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;

(b) in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of the Sheriff Appeal Court.”.

(6) In rule 29A.1 (service of bill or petition)(5)—

(a) in each of paragraphs (1), (2) and (4), for “Clerk of Justiciary” substitute “clerk of the appropriate Appeal Court”;

(b) after paragraph (4), insert—

“(5) In this rule, “clerk of the appropriate Appeal Court” means—

(a) in a case where the bill or petition is presented to the High Court, the Clerk of Justiciary;

(b) in a case where the bill is presented to the Sheriff Appeal Court, the Clerk of the Sheriff Appeal Court.”.

(7) After rule 31.3 (notice of references in summary proceedings), insert—

“References in proceedings in the Sheriff Appeal Court

31.3A.— (1) Where a question is to be raised in the Sheriff Appeal Court in any proceedings, notice of intention to do so shall be given by the party raising the question.

(2) Where such notice is given, a record of the notice shall be entered in the minute of proceedings.

(3) The court may hear parties on the question forthwith or may adjourn the case to a specified date for such hearing.

(4) After hearing parties, the court may determine the question or may decide that a preliminary ruling should be sought.

(5) Where the court determines the question, it shall then make such order in respect of further procedure as it thinks fit.”.

(8) The heading of rule 31.4 (proceedings on appeal etc.) becomes “Proceedings on appeal etc. to the High Court”.

(9) In rule 38 (applications for transfer under section 303A of the Act of 1995)(6), for “the High Court” substitute “the appropriate Appeal Court”.

(10) In rule 56.3(4) (interim orders: representations)(7), after subparagraph (a) insert—

“(aa) the office of the Sheriff Appeal Clerk is open for criminal court business, where the interim order was made by the Sheriff Appeal Court;”.

(11) In rule 56.4(b) (notification of reporting restrictions)(8), for “Scottish Court Service” substitute “Scottish Courts and Tribunals Service”.

(12) In rule 58.3 (Control of Dogs (Scotland) Act 2010: appeal to the High Court)(9)—

(a) for “High Court” substitute “Sheriff Appeal Court”;

(b) the heading becomes “Appeal to the Sheriff Appeal Court”.

(1)

Section 32(11) was inserted by section 122(8) of the Courts Reform (Scotland) Act 2013 (asp 18).

(2)

Rule 7.9 was inserted by S.S.I. 2007/276.

(3)

Rule 17.1 was amended by S.S.I. 2012/125.

(4)

Rule 27A.1 was inserted by S.S.I. 2007/511 and amended by S.S.I. 2010/184.

(5)

Rule 29A.1 was inserted by S.S.I. 2009/144.

(6)

Rule 38 was inserted by S.I. 1997/1834.

(7)

Rule 56.3 was substituted by S.S.I. 2015/84.

(8)

Rule 56.4 was substituted by S.S.I. 2015/84.

(9)

Rule 58.3 was inserted by S.S.I. 2011/194.