Act of Adjournal (Criminal Procedure Rules Amendment No. 2) 1999

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 2) 1999 and shall come into force on 1st May 1999.

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

Amendment of the Criminal Procedure Rules 1996

2.—(1) Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (criminal procedure)((1) shall be amended in accordance with this paragraph.

(2) In rule 31.1(1) (which defines certain expressions for the purposes of Chapter 31), in the definition of “question”, for “177” substitute “234”.

(3) In rule 31.5 (preparation of case for reference)–

(a) in paragraph (2)–

(i) in sub-paragraph (a), at the beginning insert “except in so far as the court may otherwise direct,”; and

(ii) in sub-paragraph (b), for the words from “be”, where it first occurs, to the end substitute “if necessary, be further adjusted to take account of any adjustments required by the court”; and

(b) after paragraph (2) there shall be added–

“(3) In preparing a reference, the parties shall have regard to the guidance set out in the annex to these Rules.”.

(4) In the appendix, for Form 31.5 there shall be substituted the form set out in Schedule 1 to this Act of Adjournal.

(5) After the appendix there shall be added the Annex set out in Schedule 2 to this Act of Adjournal.

Saving

3.  Nothing in this Act of Adjournal affects any reference made before the coming into force of this Act of Adjournal.

Rodger of Earlsferry

Lord Justice General I.P.D.

Edinburgh,

28 April 1999.