Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Witness Citations in Solemn Proceedings) 2023

Scottish Statutory Instruments

2023 No. 276

High Court Of Justiciary

Sheriff Court

Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Witness Citations in Solemn Proceedings) 2023

Made

27th September 2023

Laid before the Scottish Parliament

29th September 2023

Coming into force

1st November 2023

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 1995(1) 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) (Witness Citations in Solemn Proceedings) 2023.

(2) It comes into force on 1st November 2023.

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

Amendment of the Criminal Procedure Rules 1996

2.—(1) The Criminal Procedure Rules 1996(2) are amended in accordance with this paragraph.

(2) In the appendix—

(a) for Form 8.2-D (form of postal citation of witness to appear at a trial on indictment)(3) substitute Form 8.2-D set out in schedule 1 of this Act of Adjournal;

(b) for Form 8.2-F (form of personal citation of witness to appear at a trial on indictment)(4) substitute Form 8.2-F set out in schedule 2 of this Act of Adjournal.

CJM SUTHERLAND

Lord Justice General

I.P.D.

Edinburgh

27th September 2023

Paragraph 2(2)(a)

SCHEDULE 1

Paragraph 2(2)(b)

SCHEDULE 2

EXPLANATORY NOTE

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

This Act of Adjournal amends the appendix of the Criminal Procedure Rules 1996 (“the 1996 Rules”) to insert revised solemn witness citation forms.

Paragraph 2 substitutes a new Form 8.2-D and Form 8.2-F. Both of these forms have been revised to contain more accessible language and explain what steps a witness must take if they are unwell on the day of trial or if they are concerned about attending court.

(1)

1995 c. 46. Section 305 was amended by section 111(1) of the Criminal Justice (Scotland) Act 2016 (asp 1) and by S.S.I. 2015/338, and was extended by section 386(3)(a) of the Proceeds of Crime Act 2002 (c. 29), section 36A(4) of the Serious Crime Act 2007 (c. 27) and section 32(5) of the Psychoactive Substances Act 2016 (c. 2).

(2)

The Criminal Procedure Rules 1996 are in schedule 2 of the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513), last amended by S.S.I. 2023/169.

(3)

Form 8.2-D was substituted by S.S.I. 2005/44.

(4)

Form 8.2-F was substituted by S.S.I. 2005/44.