Act of Adjournal (Consolidation Amendment No.1) 1991

Statutory Instruments

1991 No. 847 (S.80)

HIGH COURT OF JUSTICIARY, SCOTLAND

SUMMARY JURISDICTION, SCOTLAND

Act of Adjournal (Consolidation Amendment No.1) 1991

Made

21st March 1991

Coming into force

15th April 1991

The Lord Justice General, the Lord Justice Clerk and Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by sections 282 and 457 of the Criminal Procedure (Scotland) Act 1975(1), and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Adjournal may he cited as the Act of Adjournal (Consolidation Amendment No. 1) 1991 and shall come into force on 15th April 1991.

(2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of Act of Adjournal (Consolidation) 1988

2.—(1) The Act of Adjournal (Consolidation) 1988(2) shall be amended in accordance with the following sub-paragraphs.

(2) After rule 68 (notice of special defence) insert the following rule:—

“Computer Misuse Act 1990

Notice

68A.   A notice under section 8(5) of the Computer Misuse Act 1990(3)shall be served not later than 14 clear days before the trial diet.”.

(3) After rule 118 (appeal against reference to European Court) insert the following rule:—

“Computer Misuse Act 1990

Notice

118A.   A notice under section 8(5) of the Computer Misuse Act 1990(3) shall be served not later than 14 clear days before the trial diet.”.

(4) In rule 149A(6)(4)—

(a) for the words “case which”, substitute the words “case and”; and

(b) after the word “transmit”, insert the words “the case”.

(5) In rule 149B(1)(4), for “(2), (4), (5) and (6)” substitute “(2) or (4)”.

(6) In rule 156B(6)(5)—

(a) for the words “case which”, substitute the words “case and”; and

(b) after the word “transmit” insert the words “the case”.

(7) In rule 156C(1)(5), for “(2) and (4), (5) or (6)” substitute “(2) or (4)”.

J.A.D. Hope

Lord Justice General, IPD

Edinburgh

21st March 1991

Explanatory Note

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

This Act of Adjournal—

(a) sets out a time limit within which a notice under section 8(5) of the Computer Misuse Act 1990 shall be served; and

(b) makes some minor corrections to the rules applicable to extradition proccedings.

(1)

1975 c. 21; section 282 was amended by paragraph 47 of, and section 457 by 72 of, Schedule 7 to the Criminal Justice (Scotland) Act 1980 (c. 62).

(2)

S.I. 1988/110 ; relevant amending instrument is S.I. 1991/19.

(3)

1990 c. 18.

(4)

Rules 149A, 149B, 156B, and 156C were inserted by S.I. 1991/19.

(5)

Rules 149A, 149B, 156B, and 156C were inserted by S.I. 1991/19.