Act of Adjournal (Criminal Procedure Rules) 1996

CHAPTER 20 SENTENCING

Form of sentence of death

20.1.—(1) The pronouncement of the sentence of death shall be in Form 20.1.

(2) After the verdict of the jury finding the accused guilty has been recorded, the presiding judge shall sign the sentence on a paper separate from the record of proceedings and immediately thereafter shall pronounce sentence.

(3) The accused need not be present in court after the presiding judge has pronounced sentence.

(4) On sentence being pronounced, the clerk of court shall engross the sentence in the record of proceedings and the presiding judge shall sign it.

Detention in police custody instead of imprisonment

20.2.  An order under section 206(2) of the Act of 1995 (detention in police custody instead of imprisonment) shall be in Form 20.2.

Form of supervised release orders

20.3.  An order under section 209 of the Act of 1995 (supervised release orders) shall be in Form 20.3.

Application of money found on offender towards fine

20.4.—(1) A direction under section 212(1) of the Act of 1995 that money found on an offender should not be applied towards payment of a fine shall be in Form 20.4-A.

(2) A notice for the purposes of section 212(7) of the Act of 1995 (notice to governor of prison as warrant to convey offender to court) shall be in Form 20.4-B.

Extension of time for payment of fine

20.5.  An order under section 214(7) or 215(3) of the Act of 1995 (order allowing further time for payment of fine) shall be in Form 20.5.

Forms for enquiry for non-payment of fine

20.6.—(1) The citation of an offender issued under section 216(3)(a) of the Act of 1995 (citation to appear for enquiry before imprisonment in default of payment of fine) shall be in Form 20.6-A.

(2) The execution of a citation referred to in paragraph (1) which is served other than by post shall be in Form 20.6-B.

(3) The—

(a) execution of a citation referred to in paragraph (1) which is served by post,

(b) warrant for apprehension of an offender issued under section 216(3)(b) of the Act of 1995, and

(c) record of proceedings at an enquiry under section 216 of that Act,

shall be in Form 20.6-C.

Supervision of payment of fine

20.7.  A notice to be sent to an offender under section 217(7) of the Act of 1995 (appointment of different supervising officer to offender allowed time to pay fine) shall be in Form 20.7.

Forms of warrant for execution and charge for payment of fine or other financial penalty

20.8.—(1) In every extract of a sentence of a fine or other financial penalty, there shall be included a warrant for execution in the following terms:—“and the Lords [or sheriff or justice(s)] grant(s) warrant for all lawful execution hereon”.

(2) The charge for payment of a fine or other financial penalty to be used by a sheriff officer under section 90 of the Debtors (Scotland) Act 1987(1) (provisions relating to charges for payment) shall be in Form 20.8.

Transfer of fines

20.9.—(1) A transfer of fine order under section 222(1), and a notice of it required by section 223(1), of the Act of 1995 shall be in Form 20.9-A.

(2) A transfer of fine order made by virtue of section 222(5) of the Act of 1995, and a notice of it required by section 223(1), shall be in Form 20.9-B.

(3) Where a notice of a transfer of fine order is received by a court in Scotland, the clerk of that court shall serve by post a notice to the offender in Form 20.9-C.

Probation orders

20.10.—(1) A probation order shall be in Form 20.10-A.

(2) The citation of a probationer to appear before a court under section 232(1) (failure to comply with requirement of probation order), or section 233(1) (commission of further offence while on probation), of the Act of 1995 shall be in Form 20.10-B.

Form of supervised attendance orders

20.11.—(1) A supervised attendance order made under section 235(1) of the Act of 1995 shall be in Form 20.11-A.

(2) A supervised attendance order made under section 236 of the Act of 1995 (supervised attendance orders in place of fines for 16 and 17 year olds) shall be in Form 20.11-B.

Community service orders

20.12.—(1) A community service order made under section 238 of the Act of 1995 shall be in Form 20.12-A.

(2) The citation of an offender to appear before a court under section 239(4) (failure to comply with requirement of community service order), or section 240(3) (amendment or revocation of community service order), of the Act of 1995 shall be in Form 20.12-B.

Terms of compensation orders to record of proceedings

20.13  Entries shall be made in the record of proceedings by the clerk of court on the making of a compensation order,specifying the terms of the order and in particular—

(a) the name of the convicted person required to pay compensation;

(b) the amount of compensation required to be paid by such person;

(c) the name of the person entitled to the compensation payable; and

(d) where there is more than one person entitled to compensation, the amount of compensation each is entitled to and the priority, if any, among those persons for payment

Legal disability of person entitled to compensation

20.14.—(1) The prosecutor, if he knows that any person entitled to payment of compensation under a compensation order is under any legal disability, shall so inform the court immediately it makes any such order in respect of any such person, and that information shall be entered by the clerk of court in the record of proceedings.

(2) Where payment of any sum is made under a compensation order to the clerk of court in respect of a person known to be under a legal disability, Part IV (except rule 36.17(1) (receipt sufficient discharge) of Chapter 36 of the Ordinary Cause Rules 1993 in Schedule 1 to the Sherriff Courts(Scotland Act 1907(2) (management of damages payable to persons under legal disability) shall apply to the administratio of that sum as they apply to the administration of a sum of money paid into court in respect of damages for such a person.

Variation of compensation orders

20.15.—(1) The court may, at any time before a compensation order is fully complied with, and after such further inquiry as the court may order, vary the terms of the order as it thinks fit.

(2) A variation made under paragraph (1) may be made in chambers and in the absence of the parties or any of them.

Discharge or reduction of compensation order

20.16.—(1) An application to discharge a compensation order or to reduce the amount that remains to be paid under section 25(1) of the Act of 1995 (review of compensation order) shall be made writing to the clerk of the court which made the order.

(2) The clerk of court shall, on any such application being made to him, serve a copy of the application on the prosecutor by post.

(3) The court to which the application is made may dispose of the application after such inquiry as it thinks fit.

Use of certified copy documents in certain proceedings

20.17.—(1) Subject to paragraph (2), in proceedings relating to—

(a) an order which imposed a fine,

(b) a supervised attendance record,

(c) a community service order,

(d) a probation order,

in a court other than the court which made the order, the principal indictment, complaint, record or minute of proceedings, or notice of previous conviction need not be before the court.

(2) The court to which paragraph (1) applies shall have before it a copy of the principal of each such documents certified as a true copy by the clerk of the court which made the order.

Form of extract of sentence

20.18.—(1) An extract of a custodial sentence following a conviction on indictment, and warrant of detention and return of sentence, required for any purpose in connection with any case shall be in Form 20.18-A.

(2) An extract of a sentence of imprisonment, a fine or caution in summary proceedings under the Act of 1995 shall be in the appropriate form in Form 20.18-B

(3) An extract issued in accordance with paragraph (1) or (2) shall be warrant and authority for execution

Reduction of disqualification period for drink-drive offencers

20.19.—(1) In this rule—

“the Act of 1988” means the Road Traffic Offencers Act 1988(3);

“course organiser” has the meaning assigned in section 34C(2) of the Act of 1988;

“date specified” means the date specified in an order under section 34A of the Act of 1088;

“supervising court” has the meaning assigned in section 34C(2) of the Act of 1988.

(2) An application to the supervising court for a declaration under section 34B(6) of the Act of 1988 shall be

(a) in Form 20.19-A;

(b) accompanied by a copy of the written notice required by section 34B(5) of the Act of 1988 intimating the course organiser’s decision not to give a course completion certificate; and

(c) lodged with the clerk of court within 28 days after the date specified.

(3) An application to the supervising court for a declaration under section 34B(7) of the Act of 1988 shall be—

(a) in Form 20.19.-B; and

(b) lodged with the clerk of court within 28 days after the date specified.

(4) On the lodging of an application under section 34B(6) or (7) of the Act of 1988—

(a) the sheriff or stipendiary magistrate, as the case may be, shall fix a date for hearing the appliction; and

(b) the clerk of court shall—

(i) notify the applicant of the date of hearing; and

(ii) serve a copy of the application, with notice of the hearing, on the course organiser and the procurator fiscal.

(1)

1987 c. 18.

(2)

1907 c. 51; Schedule 1 was substituted by S.I. 1993/1956.

(3)

1988 c. 53; sections 34A, 34B and 34C were inserted by the Road Traffic Act 1991 (c. 40), section 30.