Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005

Explanatory Note

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

This Act of Adjournal amends the Criminal Procedure Rules 1996 (S.I.1996/513) (“the 1996 Rules”) to make provision consequential upon amendments to the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) by the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5) (“the 2004 Act”) and to make various other minor amendments. Paragraph 2(2) to (5) sets out transitional provisions which are linked to the commencement of the 2004 Act under S.S.I. 2004/405.

Paragraph 2(5) inserts a new rule 2.2A into the 1996 Rules making provision regarding the citation of an accused person by service of documents on his or her solicitor under section 66(6C) of the 1995 Act which was inserted by section 7 of the 2004 Act (citation).

Paragraph 2(6) makes provision for a form of execution of service on a solicitor under new rule 2.2A (citation in solemn proceedings by service on solicitor) and also under existing rule 2.3A (service etc. on accused through solicitor) of the 1996 Rules.

Paragraph 2(7) makes provision in connection with the alteration of the bail address of a witness who has been admitted to bail under section 90B(1)(b) of the 1995 Act which was inserted by section 11 of the 2004 Act (obstructive witnesses).

Paragraph 2(8) amends rule 8.1 of the 1996 Rules (appeals in relation to extension of time for trial) in connection with the amendments by section 6 of the 2004 Act (time limits) to section 65 of the 1995 Act (prevention of delay in trials).

Paragraph 2(9) omits rule 8.1A (fresh indictment as alternative to serving notice fixing new trial diet) and rule 8.1B (fresh indictment as alternative to serving notice fixing new trial diet) of the 1996 Rules as a consequence of the repeal by the 2004 Act of section 80 of the 1995 Act (alteration and postponement of trial diet).

Paragraph 2(10) makes various changes to the manner and form of citation of the accused and witnesses in solemn proceedings.

Paragraph 2(11) substitutes for Chapter 9 of the 1996 Rules (first diets and preliminary diets), a new Chapter 9 dealing only with first diets in the sheriff court and a new Chapter 9A dealing only with preliminary hearings in the High Court of Justiciary. The paragraph also inserts a new Chapter 9B which deals with objections to the admissibility of evidence in solemn proceedings after the first diet or preliminary hearing.

Paragraph 2(12) makes minor amendments to rule 10 of the 1996 Rules (plea of guilty).

Paragraph 2(13) substitutes for Chapter 12 of the 1996 Rules (alteration and postponement of solemn trial diet) a new Chapter 12 (adjournment and alteration of diets in solemn proceedings).

Paragraph 2(14) makes minor and consequential amendments to rule 13.1 of the 1996 Rules (list of jurors).

Paragraph 2(15) makes provision in connection with the apprehension of witnesses under section 90A and 90D of the 1995 Act. Both of those sections were inserted by section 11 of the 2004 Act (obstructive witnesses).

Paragraph 2(16) provides for a form of application for a direction from the court under section 258(4A) of the 1995 Act that a challenge of evidence as uncontroversial be disregarded. Subsection (4A) of section 258 of the 1995 Act was inserted by section 16 of the 2004 Act.

Paragraph 2(17) makes minor and consequential amendments to rule 40.2(5) of the 1996 Rules (raising devolution issues: proceedings on indictment).

Paragraph 2(18) adds new forms to those set out in the annexe to the 1996 Rules.