Act of Adjournal (Criminal Procedure Rules Amendment) 1997

Statutory Instruments

1997 No. 63 (S.3)

HIGH COURT OF JUSTICIARY, SCOTLAND

SHERIFF COURT, SCOTLAND

SUMMARY JURISDICTION, SCOTLAND

Act of Adjournal (Criminal Procedure Rules Amendment) 1997

Made

16th January 1997

Coming into force

3rd February 1997

The Lord Justice General, Lord Justice-Clerk and Lords Commissioners of Justiciary under and by virtue of the powers conferred on them by section 16A of the Criminal Law (Consolidation) (Scotland) Act 1995(1) and section 305 of the Criminal Procedure (Scotland) Act 1995(2), and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment) 1997 and shall come into force on 3rd February 1997.

(2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of the Criminal Procedure Rules 1996

2.—(1) Schedule 2 (Criminal Procedure Rules) to the Act of Adjournal (Criminal Procedure Rules) 1996(3) shall be amended in accordance with the following sub-paragraphs.

(2) At Rule 18.4 (Record of Proceedings to be written or printed) insert the following:–

“18.4— (1) Where the record of proceedings or minute of proceedings or orders of the Court referred to in paragraph (1) or (2) are for whatever reason unavailable to the Court, it shall be competent for the Court to proceed with a copy certified as a true copy by the clerk of court.”.

(3) After rule 27.3 (form of notice in relation to certain evidential certificates) insert the following rule:–

“Notices under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995

27.4— (1) A notice under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 (notice disputing that condition is satisfied and requiring prosecutor to prove such) shall be in Form 27.4.

(2) A notice by an accused under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 (notice disputing condition specified in section 16A(3)) may be served on the prosecutor by any of the methods of service in rule 2.3 (general provisions for service).

(3) At the same time as he serves a notice on the prosecutor under paragraph (2), the accused shall serve a copy of that notice on any co-accused or his solicitor.

(4) An accused shall serve a notice under paragraphs (2) or (3), no later than 21 days of trial.”.

(4) In the Appendix, after Form 27.3, insert Form 27.4 in the Schedule to this Act of Adjournal.

Rodger of Earlsferry

Lord Justice General I.P.D.

Edinburgh

10 January 1997

Paragraph 2(3)

SCHEDULE

Rule 27.4

FORM 27.4 Form of notice under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995

IN THE HIGH COURT OF JUSTICIARY [or IN THE SHERIFF COURT]

AT (place)

NOTICE

by

[A.B.] (address [or Prisoner in the Prison of (place)]

under

Section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995

To: (name of prosecutor, or co-accused)

I HEREBY GIVE NOTICE that under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 that on the facts as alleged with respect to the relevant conduct, the condition in section 16A(3)(r) [or (b)] of the Criminal Law (Consolidation) (Scotland) Act 1995 is not satisfied for the following reasons:–

(here set out reasons for regarding condition as unsatisfied)

I HEREBY REQUIRE (insert name and designation of prosecutor) to prove that the said condition is satisfied.

(Signed)

[A.B.]

[or Solicitor for [A.B.]]

(Address and telephone number of Solicitor)

Explanatory Note

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

This Act of Adjournal amends the Criminal Procedure Rules in order to:–

(a) provide that the clerk may certify minutes of proceedings where these are unavailable to the court (paragraph 2(2));

(b) provide for a form of notice to be served by the accused on the prosecutor disputing that a condition is satisfied and requiring the prosecutor to prove such in terms of section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 (paragraph 2(3)).

(1)

1995 c. 39; section 16A was inserted by the Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29), section 6.

(2)

1995 c. 46.

(3)

S.I. 1996/513.