Act of Adjournal (Criminal Procedure Rules 1996 and Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015 Amendment) (Miscellaneous) 2015

Amendment of the Appendix to the Criminal Procedure Rules 1996

5.—(1) The Appendix to the Criminal Procedure Rules 1996(1) is amended in accordance with this paragraph.

(2) For Form 20.3A-B (form of notice of requirement to notify police under Part 2 of the Sexual Offences Act 2003)(2), substitute Form 20.3A-B set out in the Schedule to this Act of Adjournal.

(3) In Form 22.1 (form of child witness notice under section 271A(2) of the Criminal Procedure (Scotland) Act 1995)(3)—

(a) for “child witness notice” in each place where it occurs substitute “vulnerable witness notice”;

(b) for paragraph 4 substitute—

“[where the witness is a child witness]

4.   That [C.D.] [or [A.B.]] is a vulnerable witness under section 271(1)(a) of the Criminal Procedure (Scotland) Act 1995 [and was under the age of twelve on the date of commencement of proceedings] [and has [or has not] expressed a wish to give their evidence in the court room in accordance with section 271B of the Criminal Procedure (Scotland) Act 1995].

[or where the witness is a deemed vulnerable witness]

4.   That [C.D.] [or [A.B.]] is a vulnerable witness under section 271(1)(c) of the Criminal Procedure (Scotland) Act 1995.”;

(c) for paragraph 7, substitute—

“7.   That [C.D.] [or] [A.B.]] has expressed the following view[s]:–

(here set out the view(s) expressed, how and when they were obtained).

[where the witness is a child witness]

7A.   That [C.D.] [or [A.B.]] is a vulnerable witness under section 271(1)(a) of the Criminal Procedure (Scotland) Act 1995, and the parent[s] of [C.D.] [or [A.B.]] have [or has] expressed the following view[s]:–

(here set out the view(s) expressed, how and when they were obtained).”.

(d) the title of the Form becomes “Form of vulnerable witness notice under section 271A(2) of the Criminal Procedure (Scotland) Act 1995”.

(4) After Form 22.1, insert Form 22.1ZA set out in the Schedule to this Act of Adjournal.

(5) In Form 22.1A (form of vulnerable witness application under section 271C(2) of the Criminal Procedure (Scotland) Act 1995)(4) in paragraph 4, after “section 271(1)(b)” insert “or (d)”.

(6) After Form 22.1A, insert Form 22.2A set out in the Schedule to this Act of Adjournal.

(7) In Form 22.4 (form of application for review of arrangements for taking evidence under section 271D of the Criminal Procedure (Scotland) Act 1995)(5)—

(a) in paragraph 2, for “the minuter has cited [or intends to cite] [C.D.] as” substitute “[C.D.] is”;

(b) for paragraph 6, substitute—

“6.   That [C.D.] [or] [A.B.]] has expressed the following view[s]:–

(here set out the view(s) expressed, how and when they were obtained).

[where the witness is a child witness]

6A.   That [C.D.] [or [A.B.]] is a vulnerable witness under section 271(1)(a) of the Criminal Procedure (Scotland) Act 1995, and the parent[s] of [C.D.] [or [A.B.]] have [or has] expressed the following view[s]:–

(here set out the view(s) expressed, how and when they were obtained).”.

(1)

The Appendix was last amended by S.S.I. 2015/245.

(2)

Form 20.3A-B was substituted by S.S.I. 2007/276 and last amended by S.S.I. 2014/349.

(3)

Form 22.1 was substituted by S.S.I. 2005/188 and last amended by S.S.I. 2007/237.

(4)

Form 22.1A was inserted by S.S.I. 2006/76 and last amended by S.S.I. 2008/62.

(5)

Form 22.4 was inserted by S.S.I. 2005/188 and last amended by S.S.I. 2007/237.