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Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 3) (Instruction of Representation in the High Court) 2016

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Scottish Statutory Instruments

2016 No. 201

High Court Of Justiciary

Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 3) (Instruction of Representation in the High Court) 2016

Made

15th June 2016

Laid before the Scottish Parliament

17th June 2016

Coming into force

3rd October 2016

The High Court of Justiciary makes this Act of Adjournal under the powers conferred by section 305 of the Criminal Procedure (Scotland) Act 1995(1), and all other powers enabling it to do so.

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 1996

2.—(1) The Criminal Procedure Rules 1996(2) 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 representation

9A.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—

CJM SUTHERLAND

Lord Justice General

I.P.D.

Edinburgh

15th June 2016

Paragraph 2(3)(a)

SCHEDULE

EXPLANATORY NOTE

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

This Act of Adjournal sets out the steps which solicitors are to take in order that they can confirm to the court that an accused has been informed of his or her options regarding representation in the High Court of Justiciary.

Paragraph 2(2) inserts a new rule 9A.3A into the Criminal Procedure Rules 1996. Rule 9A.3A(2) provides that persons prosecuted for murder are to be informed by their solicitor that they are entitled to be represented by a Queen’s Counsel and to be informed of a selection of Queen’s Counsel who are available to represent them. Rule 9A.3A(2) applies where an accused is charged on indictment, other than for murder. It sets out the steps to be taken by an accused person’s solicitor to identify a selection of advocates or solicitor advocates who are available to represent the accused.

Paragraph 2(3) inserts new forms which set out the information to be provided to the accused in each of these situations and inserts a new paragraph 2A into Form 9.2A (Form of written record of state of preparation) to ensure the court is informed that the required information has been provided to the accused.

(2)

The Criminal Procedure Rules 1996 are in Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2016/137).

(3)

Chapter 9A was inserted by S.S.I. 2005/44.

(4)

Form 9A.2 was inserted by S.S.I. 2005/44

(5)

Form 9A.4 was inserted by S.S.I. 2005/44, substituted by S.S.I. 2013/72 and last amended by S.S.I. 2013/198.

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