Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003

Explanatory Note

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

This Act of Adjournal inserts new rules into the Criminal Procedure Rules 1996 (S.I.1996/513) (“the 1996 Rules”) and makes certain other miscellaneous amendments.

Paragraph 2(2) makes a minor amendment to rule 2.2(1) of the 1996 Rules.

Paragraph 2(3) removes rule 2.3(2) of the 1996 Rules. Sections 232 and 233 of the Criminal Procedure (Scotland) Act 1995 (“the Act of 1995”) apply the citation provisions of section 216(5) and (6)(a) and (b) of that Act to the citation of probationers.

Paragraph 2(4) provides two forms of execution in relation to the citation of accused persons in the manner referred to in rule 8.2(1A) and 16.1(2A) of the 1996 Rules. Those rules are inserted by paragraphs 2(6) and 2(8) and relate to the citation of offenders by the affixing of notices. Paragraph 2(4) also introduces new forms of execution in respect of the citation of offenders and probationers to hearings connected with the breach or amendment of various orders.

Paragraph 2(5) makes minor amendments to rule 3.1 of the 1996 Rules which prescribes the form and content of the Books of Adjournal.

Paragraphs 2(6) and (8) provide forms of notice of citation of an accused pursuant to sections 66(4) and 141(2A) respectively of the Act of 1995 which provide for the citation of accused persons by the affixing of notices.

Paragraph 2(7) substitutes rule 9.2 of the 1996 Rules to remove from the Crown the requirement of lodging an execution of service of a minute under rule 9.1 at the same time as the lodging of the minute.

Paragraph 2(9) corrects a minor error in numbering the 1996 Rules.

Paragraph 2(10) inserts new Chapter 19A into the 1996 Rules to make provision for cases where the High Court of Justiciary has adjourned for sentence or has deferred sentence, to allow the Clerk of Justiciary to make an order altering the place where the case is to be called. The Clerk must make the order and intimate it to the parties to the proceedings and to the governor of any institution where the accused is detained no later than two days before the case is called. This paragraph also inserts new Chapter 19B to make provision for regulating the procedure in cases referred to the High Court of Justiciary by the Scottish Cases Review Commission.

Paragraphs 2(11) to (14) introduce new forms of citation of offenders and probationers to hearings connected with the breach or amendment of various orders. They also make various consequential and other minor amendments.

Paragraph 2(15) makes amendments to rule 37AA.9 of Chapter 37 of the 1996 Rules rectifying references to other rules in that Chapter. It applies to the Sheriff Court and High Court of Justiciary.

Paragraph 2(16) inserts new Chapters 44 and 45 into the 1996 Rules. Chapter 44 makes provision for consent to surrender and waiver of the right to review, being given in terms of section 7 of the International Criminal Court Act 2001. Chapter 45 provides for representations to be made in terms of section 2(7) of the Fur Farming (Prohibition) (Scotland) Act 2002.

Paragraph 2(17) inserts new forms into the Appendix to the 1996 Rules as well as making various minor and consequential amendments to existing forms.

Schedule 1 sets out the forms of execution referred to in paragraph 2(3) in relation to the citation of offenders and probationers to hearings connected with the breach or amendment of various orders.

Schedule 2 sets out an amended Form 20.12-B.

Schedule 3 sets out the other forms of execution referred to in paragraph 2(3) and the other forms referred to in paragraphs, 2(6), (8) and (11) to (14).