Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Sheriff Appeal Court Rules Amendment) (Age of Criminal Responsibility (Scotland) Act 2019) 2021

EXPLANATORY NOTE

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

This Act of Sederunt amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (“the Summary Application Rules”) and the Act of Sederunt (Sheriff Appeal Court Rules) 2015 (“the Sheriff Appeal Court Rules”) in consequence of the Age of Criminal Responsibility Act 2019 (“the 2019 Act”).

Paragraph 2(2) inserts a new Part LIII into Chapter 3 of the Summary Application Rules setting out the procedures which apply when a constable seeks an order under section 34 (application for order authorising search in relation to child under 12), section 42 (application for child interview order), or section 61 (application for order authorising taking of prints and samples from child) of the 2019 Act. In addition, it provides for the procedure by which permission to appeal against a decision of the sheriff under sections 36, 44(2) or 63 of that Act must be made.

Paragraph 2(3) inserts new Forms 76 to 79 (forms of application) and Forms 79 to 81 (forms of order) into the Summary Application Rules.

Paragraph 3(2) inserts a new paragraph into rule 6.1 of the Sheriff Appeal Court Rules to provide that appeals under the 2019 Act follow the procedure set out in new Chapter 31.

Paragraph 3(3) inserts new Chapter 31 into the Sheriff Appeal Court Rules and provides that an appeal to the Court under section 38(1) (appeal against decision under section 36), section 46(1) (appeal against decision under section 44) and section 67(1) (appeal against decision under section 63) of the 2019 Act is made by lodging a note of appeal in Form 31.2.

Paragraph 3(5) inserts Form 31.2 into the Sheriff Appeal Court Rules.