Citation and commencement, etc.1
1
This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 3) (Instruction of Representation in the High Court) 2016.
2
It comes into force on 3rd October 2016.
3
A certified copy is to be inserted in the Books of Adjournal.
Amendment of the Criminal Procedure Rules 19962
1
The Criminal Procedure Rules 19962 are amended in accordance with this paragraph.
2
In Chapter 9A (Preliminary Hearings (High Court of Justiciary))3, after Rule 9A.3 (Notice to appear where preliminary hearing deserted) insert—
Instruction of representation9A.3A
1
This rule applies apply where—
a
the accused has been cited to answer an indictment at a preliminary hearing in the High Court; and
b
a solicitor has given notification under section 72F(1) of the Act of 1995 of having been engaged by the accused.
2
Where the accused is charged with murder, before the preliminary hearing the accused’s solicitor must,—
a
take reasonable steps to identify a selection of Queen’s Counsel who appear to be available to accept instructions to represent the accused;
b
inform the accused of the accused’s right to be represented by Queen’s Counsel;
c
give the accused a copy of Form 9A.3A-A; and
d
give the accused a summary of the selection referred to in subparagraph (a).
3
In any other case, before the preliminary hearing the accused’s solicitor must—
a
take reasonable steps to identify a selection of counsel who appear to be available to accept instructions to represent the accused;
b
give the accused a copy of Form 9A.3A-B; and
c
give the accused a summary of the selection referred to in subparagraph (a).
4
In this rule “Queen’s Counsel” means counsel holding the rank of Queen’s Counsel or Queen’s Counsel, Solicitor Advocate.
3
In the Appendix—
a
after Form 9A.2 (Form of application for dispensing with a preliminary hearing)4 insert Form 9A.3A-A (Form of information regarding right to representation by Queen’s Counsel) and Form 9A.3A-B (Form of information regarding counsel) set out in the Schedule to this Act of Adjournal;
b
In Schedule 2 to Form 9A.4 (Form of written record of state of preparation)5, after paragraph (2) (Section 196) insert a new paragraph 2A as follows—
