Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 3) (Supervision Default Orders) 2016

EXPLANATORY NOTE

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

The Offender Rehabilitation Act 2014 (“2014 Act”) amends the Criminal Justice Act 2003 (“2003 Act”) to provide for post-release supervision of certain categories of offender in England and Wales. On release, the offender may be made subject to supervision requirements specified in a notice given to the prisoner by the Secretary of State. Failure to comply may result in the imposition of a supervision default order (“SDO”).

The 2014 Act also amends the Crime (Sentences) Act 1997 (“1997 Act”) to the effect that the SDO provisions of the 2003 Act will apply to an offender who is transferred to Scotland to serve a sentence or period of supervision. Paragraph 8 of schedule 1 to the 1997 Act provides that various provisions of the 2003 Act (sections 256AA to 256E and schedule 19A) apply (with modifications) to such offenders.

This Act of Sederunt amends the Criminal Procedure Rules 1996 (“1996 Rules”) to make provision for such offenders. Paragraph 2(2) makes an exception to the general rule on service in rule 2.3 of the 1996 Rules to provide that the citation provisions in section 141 of the Criminal Procedure (Scotland) Act 1995, which provide for citation by the clerk of court, apply to SDOs.

Paragraphs 2(3) and (4) prescribe forms to be used in relation to SDOs, and 2(5) inserts these forms into the Appendix to the 1996 Rules.