Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002

Explanatory Note

(This note is not part of the Order)

This Act of Adjournal amends the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513) following the provisions of the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9). The Act regulates procedure in pre-trial diets and further pre-trial diets held to establish whether an accused has legal representation where he is charged with a sexual offence. It sets out forms notifying the accused that he must be legally represented and that if he fails to appoint a solicitor, the court will do so. The Act prevents legal aid being withdrawn from an accused whose solicitor has been appointed by the court for these purposes. It also ensures that the Scottish Legal Aid Board is advised of the appointment of a solicitor by the court.

It makes further provision in relation to applications to introduce evidence relating to sexual offences. It sets out the form for such applications and regulates the procedure for preliminary diets held to hear such applications. It also makes provision to ensure that the terms of the application and decision by the court are recorded.