2022 No. 120
High Court Of Justiciary
Sheriff Appeal Court
Sheriff Court
Justice Of The Peace Court

Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Electronic Monitoring) 2022

Made
Laid before the Scottish Parliament
Coming into force
The High Court of Justiciary makes this Act of Adjournal under the powers conferred on it by section 305 of the Criminal Procedure (Scotland) Act 19951, section 1(6) of the Management of Offenders (Scotland) Act 20192 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) (Electronic Monitoring) 2022.

(2)

It comes into force on 17th May 2022.

(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 19963 are amended in accordance with this paragraph.

(2)

After Chapter 70 (Challenges to Validity of EU Instruments (EU Exit))4, insert—

“CHAPTER 71ELECTRONIC MONITORING REQUIREMENT UNDER THE MANAGEMENT OF OFFENDERS (SCOTLAND) ACT 2019

71.1.

An order making a requirement under section 1(1) of the Management of Offenders (Scotland) Act 2019 is made in Form 71.1.”.

(3)

In the appendix—

(a)

in Form 20.12A-A (restriction of liberty order)5 for the two paragraphs which appear immediately before “(Signed)”, where it first appears, substitute—

“[ORDERS that the offender comply with the electronic monitoring requirement in respect of (state the aspects of the disposal specified by the court) under the Management of Offenders (Scotland) Act 2019 as set out in the attached Form 71.1.]”;

(b)

in Form 20.12B-A (form of drug treatment and testing order made under section 234B of the Criminal Procedure (Scotland) Act 1995)6 for paragraph (vii), substitute—

“(vii)

(to comply with the electronic monitoring requirement in respect of (state the aspects of the disposal specified by the court) under the Management of Offenders (Scotland) Act 2019 as set out in the attached Form 71.1);

(viii)

(any additional requirement)”;

(c)

in Form 20.22-A (form of community payback order under section 227A [or 227M] of the Criminal Procedure (Scotland) Act 1995)7 after “or any other educational establishment”, insert—

“[AND requires the offender to comply with the electronic monitoring requirement in respect of (state the aspects of disposal specified by the court) under the Management of Offenders (Scotland) Act 2019 as set out in the attached Form 71.1]”; and

(d)

after Form 70.3-A (form of notice to court under regulation 6 of the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019)8, insert Form 71.1 as set out in the schedule of this Act of Adjournal.
CJM SUTHERLAND
Lord Justice General
I.P.D.

Edinburgh

SCHEDULE

Paragraph 2(3)(d)

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

This Act of Adjournal amends the Criminal Procedure Rules 1996 in consequence of the commencement of the electronic monitoring provisions of the Management of Offenders (Scotland) Act 2019 (asp 14).

Paragraph 2(2) inserts a new Chapter 71 (Electronic Monitoring Requirement under the Management of Offenders (Scotland) Act 2019) which prescribes the form to be used when the court makes an electronic monitoring order.

Paragraph 2(3)(a) to (c) makes amendments to certain forms.

Paragraph 2(3)(d) inserts a new form of electronic monitoring order (Form 71.1).