Act of Adjournal (Extension of Time Limit for Service of Transcript of Examination) 1998

Statutory Instruments

1998 No. 2635 (S.126)

High Court of Justiciary, Scotland

Act of Adjournal (Extension of Time Limit for Service of Transcript of Examination) 1998

Made

20th October 1998

Coming into force

1st December 1998

The Lord Justice General, the Lord Justice Clerk and the Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section 305(2) of the Criminal Procedure (Scotland) Act 1995(1) 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 (Extension of Time Limit for Service of Transcript of Examination) 1998 and shall come into force on 1st December 1998.

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

Amendment of section 37(9) of the Criminal Procedure (Scotland) Act 1995

2.  At the end of section 37(9) of the Criminal Procedure (Scotland) Act 1995 (which, as regards the judicial examination of an accused in petition procedure, empowers the High Court, in respect of the case, to extend the time limit within which the prosecutor is to serve copies of the transcript of questions to and answers and declarations by the accused etc.) there shall be added–

• “; and an application to the High Court for any such extension shall be disposed of by the High Court or any Lord Commissioner of Justiciary in court or in chambers.”.

Rodger of Earlsferry

Lord Justice General, I.P.D.

Edinburgh

20th October 1998

Explanatory Note

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

This Act of Adjournal amends the Criminal Procedure (Scotland) Act 1995 so as to expedite proceedings by providing that any application to the High Court for an extension of the time limit within which the prosecutor is to serve copies of the transcript of questions to and answers and declarations by the accused in judicial examination in petition procedure in any case (or for the extension of certain other time limits) may be disposed of by that Court, or by any Lord Commissioner of Justiciary, in court or in chambers.

(1)

1995 c. 46.