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The Criminal Justice (Scotland) Act 2016 (Commencement No. 4, Transitional, Transitory and Saving Provisions) Order 2017

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Citation, commencement and interpretation

1.—(1) This Order may be cited as the Criminal Justice (Scotland) Act 2016 (Commencement No. 4, Transitional, Transitory and Saving Provisions) Order 2017 and comes into force on 11th May 2017.

(2) In this Order—

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(1);

“the 2016 Act” means the Criminal Justice (Scotland) Act 2016; and

“the court” means the sheriff court.

(3) References in this Order to a “relevant notice” are to a notice under any of the following provisions of the 1995 Act—

(a)section 66(4)(b)(2) (service and lodging of indictment, etc.);

(b)section 66(6); and

(c)section 72C(4)(b)(3) (procedure where preliminary hearing does not proceed).

Appointed day – search by police

2.    11th May 2017 is the day appointed for the coming into force of the following provisions of the 2016 Act—

(a)section 65 (limitation on what enables search);

(b)section 66 (cases involving removal of person);

(c)section 67 (public safety at premises or events);

(d)section 68 (duty to consider child’s wellbeing);

(e)section 69 (publication of information by police); and

(f)section 72 (meaning of constable etc.).

Appointed day and transitional provision – pre-trial time limits, duty of parties to communicate and indictments

3.—(1) 29th May 2017 is the day appointed for the coming into force of the following provisions of the 2016 Act, but only for the purposes of any indictment served on an accused on or after that day—

(a)section 79 (pre-trial time limits);

(b)section 80 (duty of parties to communicate); and

(c)subsections (1), (2) and (5) of section 81 (first diets).

(2) For the purposes of paragraph (1), if an accused is cited in accordance with paragraph (b) of section 66(4) of the 1995 Act, the indictment is to be treated as having been served on the accused on the date specified under sub-paragraph (i) of that paragraph.

(3) Paragraph (4) applies in relation to a relevant notice served on an accused between 29th May 2017 and 30th July 2017.

(4) Despite the coming into force of section 79(3) and (4) of the 2016 Act by virtue of paragraph (1), such a notice may, as well as calling upon the accused to appear and answer to the indictment at a first diet in accordance with section 66(6)(a) or, as the case may be, section 72C(4)(b) of the 1995 Act (as amended by section 79(3) and (4) of the 2016 Act), call on the accused to appear and answer to the indictment at a trial diet.

(5) Where a notice under section 66(4)(b) or (6) of the 1995 Act calls on the accused to appear and answer to the indictment at a first diet and a trial diet, section 66(6AB) of the 1995 Act (as inserted by section 81 of the 2016 Act) does not apply in relation to that notice.

Appointed day and saving provision – first diet procedure

4.—(1) 31st July 2017 is the day appointed for the coming into force of subsections (3) and (4) of section 81 of the 2016 Act (first diets).

(2) Despite paragraph (1), until 27th August 2017 the amendments to the 1995 Act made by those subsections do not apply for the purposes of—

(a)any first diet at which the accused is called on to appear by a relevant notice if that notice also calls on the accused to appear at a trial diet; and

(b)subject to article 6, the adjournment, postponement or any other alteration of such a first diet (including the adjournment, postponement or alteration of any previously adjourned, postponed or altered diet).

Appointed day – trial procedure

5.  28th August 2017 is the day appointed for the coming into force of subsections (6) and (7) of section 81 of the 2016 Act (first diets).

Transitory provision – adjournment and alteration of diets calling before 28th August 2017

6.—(1) This article applies until 27th August 2017 where—

(a)the accused is called on by a relevant notice to appear at a first diet calling before 28th August 2017; and

(b)that notice also calls on the accused to appear at a trial diet.

(2) In a case to which this article applies, section 71(7)(a)(4) of the 1995 Act is to be read as if, after “postpone”, there were inserted “or discharge”.

(3) If the court adjourns the first diet under section 75A(2)(5) of the 1995 Act to a date between 31st July 2017 and 27th August 2017, it may also discharge the trial diet.

(4) If the court discharges both the first diet and the trial diet under section 75A(5)(a) of the 1995 Act, or discharges the trial diet only under that section, it—

(a)is not required to fix a new trial diet under section 75A(5)(b) of that Act; and

(b)may instead fix a new first diet only, calling between 31st July 2017 and 27th August 2017.

(5) Article 4(2) does not apply for the purposes of a first diet—

(a)fixed under section 71(7)(b) of the 1995 Act for a date between 31st July 2017 and 27th August 2017 if the court also discharges the trial diet under section 71(7)(a) of that Act (as modified by paragraph (2));

(b)adjourned under section 75A(2) of the 1995 Act if the court also discharges the trial diet under paragraph (3);

(c)fixed under paragraph (4)(b); or

(d)fixed by an order under section 102A(6)(6) of that Act for a date between 31st July 2017 and 27th August 2017 if, in that order, the court also discharges the trial diet.

(6) Where the court adjourns or postpones to a date on or after 28th August 2017 a first diet at which the accused is called on to appear by a relevant notice (including the adjournment or postponement of any such diet which was previously adjourned, postponed or otherwise altered), any trial diet at which the accused is called on to appear by that notice is to be treated as having been discharged.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

29th March 2017

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