2017 No. 145
High Court Of Justiciary
Sheriff Court

Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 2) (Human Trafficking and Exploitation) 2017

Made
Laid before the Scottish Parliament
Coming into force
The High Court of Justiciary makes this Act of Adjournal under the powers conferred by section 305 of the Criminal Procedure (Scotland) Act 19951, and all other powers enabling it to do so.

Citation and commencement, etc.1.

(1)

This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 2) (Human Trafficking and Exploitation) 2017.

(2)

It comes into force on 30th June 2017.

(3)

A certified copy is to be inserted in the Books of Adjournal.

Amendment of the Criminal Procedure Rules 19962.

(1)

The Criminal Procedure Rules 19962 are amended in accordance with this paragraph.

(2)

After Chapter 63 (Serious Crime Prevention Orders)3 insert—

“CHAPTER 64TRAFFICKING AND EXPLOITATION PREVENTION ORDERS

Interpretation64.1.

In this Chapter—

“the 2015 Act” means the Human Trafficking and Exploitation (Scotland) Act 20154;

“prosecutor” has the meaning given in section 22 of the 2015 Act;

“trafficking and exploitation prevention order” means an order made under section 17 of the 2015 Act.

Trafficking and exploitation prevention order64.2.

A trafficking and exploitation prevention order is to be in Form 64.2.

Variation, renewal or discharge of trafficking and exploitation prevention order64.3.

(1)

An application under section 22 of the 2015 Act for the variation, renewal or discharge of a trafficking and exploitation prevention order is to be made in Form 64.3.

(2)

When an application under paragraph (1) is lodged, the court must—

(a)

order intimation of the application—

(i)

in the case of an application by the person subject to the order, to the prosecutor and chief constable; or

(ii)

in the case of an application by the prosecutor, to the person subject to the order and to the chief constable;

(b)

appoint a hearing on the application; and

(c)

order intimation of the hearing to the persons referred to in sub-paragraph (a).

Representations by a third party claiming an interest in a vehicle, ship or aircraft64.4.

(1)

An application to make representations to the court under section 14(5) of the 2015 Act by a person who claims an interest in a vehicle, ship or aircraft shall be in Form 64.4.

(2)

The court may fix a diet for considering representations mentioned in paragraph (1).

(3)

Where the court fixes a diet under paragraph (2) the clerk of court shall intimate—

(a)

the representations and the diet to—

(i)

the person convicted on indictment of the offence of human trafficking;

(ii)

any other person from whose possession the vehicle, ship or aircraft was taken; and

(b)

the diet to the person claiming an interest.”.

(3)

In the Appendix after Form 63.4-B5 (form of extension of serious crime prevention order) insert the Forms set out in the schedule of this Act of Adjournal.
CJM SUTHERLAND
Lord Justice General
I.P.D.

Edinburgh

SCHEDULE

Paragraph 2(3)

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

This Act of Adjournal amends the Criminal Procedure Rules 1996 by inserting a new Chapter 64 which makes provision for trafficking and exploitation prevention orders.

Paragraph 2(2) makes provision for the form of trafficking and exploitation prevention orders, applications for variation, renewal or discharge of such orders and applications to make representations to a sheriff by a person claiming an interest in a vehicle, ship or aircraft in respect of which a forfeiture order is proposed.

Paragraph 2(3) and the Schedule insert the relevant forms.