The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Saving Provisions) Regulations 2025

Scottish Statutory Instruments

2025 No. 101

CRIMINAL PROCEDURE

The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Saving Provisions) Regulations 2025

Made

28th March 2025

Laid before the Scottish Parliament

1st April 2025

Coming into force

30th November 2025

The Scottish Ministers make the following Regulations in exercise of the power conferred by section 58(1) of the Coronavirus (Recovery and Reform) (Scotland) Act 2022(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1 ) These Regulations may be cited as the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Saving Provisions) Regulations 2025 and come into force on 30 November 2025.

(2) In these Regulations—

“criminal proceedings” includes proceedings on petition and any subsequent proceedings on indictment,

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(2),

“the 2022 Act” means the Coronavirus (Recovery and Reform) (Scotland) Act 2022.

Saving provisions- time limits in solemn proceedings

2.—(1) Notwithstanding the expiry of paragraph 20 of the schedule of the 2022 Act in accordance with section 52(1) of that Act(3), the modifications of the 1995 Act contained in that paragraph continue to have effect in respect of any criminal proceedings in which the accused first appeared on petition prior to the end of 30 November 2025.

(2) Notwithstanding the expiry of paragraph 22 of the schedule of the 2022 Act in accordance with section 52(1) of that Act, the modifications of the 1995 Act contained in that paragraph continue to have effect in respect of any criminal proceedings in which the accused was committed until liberated in due course of law prior to the end of 30 November 2025.

ANGELA CONSTANCE

A member of the Scottish Government

St Andrew's House

Edinburgh

28th March 2025

Explanatory Note

(This note is not part of the Regulations)

These Regulations make saving provision in connection with the expiry of the extensions to criminal procedure time limits in solemn proceedings contained in paragraphs 20 and 22 of the schedule of the Coronavirus (Recovery and Reform) (Scotland) Act 2022. Those time limit extensions will expire at the end of 30 November 2025, in accordance with section 52(1) of that Act.

Paragraph 20 of the schedule increases the maximum periods of time which are permitted to elapse between an accused person’s first appearance on petition and the preliminary hearing or first diet and between that first appearance and the trial. Regulation 2(1) preserves those extended time limits in cases where the accused first appears on petition before the end of 30 November 2025.

Paragraph 22 of the schedule applies where an accused person is held on remand pending trial. It increases the maximum periods of time following the point at which the accused is committed until liberated in due course of law (“full committal”) within which the indictment must be served and each of the preliminary hearing or first diet and the trial must commence. Regulation 2(2) preserves those extended time limits in cases where full committal takes place before the end of 30 November 2025.

(1)

2022 asp 8.

(2)

1995 c. 46, as relevantly modified by the Coronavirus (Recovery and Reform) (Scotland) Act 2022 schedule, paragraphs 20 and 22.

(3)

Section 52(1) was amended by S.S.I. 2023/360 and S.S.I. 2024/322.