Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 3) (Supervision Default Orders) 2016

Made28th September 2016

Laid before the Scottish Parliament30th September 2016

Coming into force31st 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 19951 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) (Supervision Default Orders) 2016.

2

It comes into force on 31st 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 rule 2.3 (general provisions for service)3, after paragraph (1) insert—

1A
The citation of a person to appear before the sheriff under an enactment mentioned in paragraph (1B) is to be effected in the same manner, with the necessary modifications, as the citation of an accused in summary proceedings under section 141 of the Act of 1995 (manner of citation), but—
a
the citation is to be signed by the sheriff clerk instead of the prosecutor;
b
the forms relating to the citation of an accused do not apply to such a citation.
1B
The enactments are—
a
section 256AC(1)(a) of;
b
section 256C(1)(a) of; and
c
paragraph 8(1)(a) of schedule 19A of,
the Criminal Justice Act 20034, as applied by paragraph 8(2) or (4) of schedule 1 of the Crime (Sentences) Act 19975.

3

In rule 2.6(5) (forms of execution of service)6, after subparagraph (j) insert—

k
rule 20.23(4) (supervision default orders: failure to comply) shall be in Form 2.6–EK;
l
rule 20.23(5) (supervision default orders: hearing of application to amend or vary) shall be in Form 2.6–EL.

4

After rule 20.22 (community payback orders)7, insert—

Supervision default orders20.23
1
This rule applies where paragraph 8(2) or (4) of schedule 1 to the Crime (Sentences) Act 1997 (restricted transfers from England and Wales to Scotland) applies to a transfer to Scotland.
2
A supervision default order made under section 256AC(1)(a) of the 2003 Act (breach of supervision requirements) is to be in Form 20.23–A.
3
An application under paragraph 10(1) of schedule 19A of the 2003 Act (amendment or revocation of supervision default order) is to be in Form 20.23–B.
4
The citation of an offender to appear before the sheriff under the following enactments is to be in Form 20.23–C—
a
section 256AC(1)(a) of the 2003 Act;
b
section 256C(1)(a) of the 2003 Act;
c
paragraph 8(1)(a) of schedule 19A of the 2003 Act.
5
The citation of an offender to appear before the sheriff under paragraph 10(5) of schedule 19A of the 2003 Act (amendment or revocation of supervision default order: hearing) is to be in Form 20.23–D.
6
In this rule, “the 2003 Act” means the Criminal Justice Act 20038.

5

In the Appendix—

a

after Form 2.6–EJ (form of execution of citation of offender under section 227Z(13) of the Criminal Procedure (Scotland) Act 1995)9, insert Forms 2.6–EK and 2.6–EL set out in Part 1 of the schedule of this Act of Adjournal;

b

after Form 20.22–E (form of citation of offender under section 227Z(13) of the Criminal Procedure (Scotland) Act 1995)10 insert Forms 20.23–A, 20.23–B, 20.23–C and 20.23–D set out in Part 2 of the schedule of this Act of Adjournal.

CJM SUTHERLANDLord Justice GeneralI.P.D.Edinburgh28th September 2016

SCHEDULEFORMS

Paragraph 2(5)

PART 1

PART 2

EXPLANATORY NOTE

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

The Offender Rehabilitation Act 2014 (“2014 Act”) amends the Criminal Justice Act 2003 (“2003 Act”) to provide for post-release supervision of certain categories of offender in England and Wales. On release, the offender may be made subject to supervision requirements specified in a notice given to the prisoner by the Secretary of State. Failure to comply may result in the imposition of a supervision default order (“SDO”).

The 2014 Act also amends the Crime (Sentences) Act 1997 (“1997 Act”) to the effect that the SDO provisions of the 2003 Act will apply to an offender who is transferred to Scotland to serve a sentence or period of supervision. Paragraph 8 of schedule 1 to the 1997 Act provides that various provisions of the 2003 Act (sections 256AA to 256E and schedule 19A) apply (with modifications) to such offenders.

This Act of Sederunt amends the Criminal Procedure Rules 1996 (“1996 Rules”) to make provision for such offenders. Paragraph 2(2) makes an exception to the general rule on service in rule 2.3 of the 1996 Rules to provide that the citation provisions in section 141 of the Criminal Procedure (Scotland) Act 1995, which provide for citation by the clerk of court, apply to SDOs.

Paragraphs 2(3) and (4) prescribe forms to be used in relation to SDOs, and 2(5) inserts these forms into the Appendix to the 1996 Rules.