Act of Adjournal (Criminal Procedure Rules) 1996

Statutory Instruments

1996 No. 513 (S.47)

HIGH COURT OF JUSTICIARY, SCOTLAND

SHERIFF COURT, SCOTLAND

SUMMARY JURISDICTION, SCOTLAND

Act of Adjournal (Criminal Procedure Rules) 1996

Made

29th February 1996

Coming into force

1st April 1996

The Lord Justice General, Lord Justice-Clerk and Lords Commissioners of Justiciary under and by virtue of the powers conferred on them by section 305 of the Criminal Procedure (Scotland) Act 1995(1), the provisions specified in Schedule 1 to this Act of Adjournal and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement S

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules) 1996 and shall come into force on 1st April 1996.

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

Commencement Information

I1 Para. 1 in force at 1.4.1996, see para. 1(1)

Criminal Procedure Rules S

2.  Schedule 2 to this Act of Adjournal shall have effect for the purpose of providing new rules of procedure in the High Court of Justiciary, in the sheriff court in exercise of its criminal jurisdiction, and in the district court.

Commencement Information

I2 Para. 2 in force at 1.4.1996, see para. 1(1)

Revocations S

3.  The Acts of Adjournal mentioned in Schedule 3 to this Act of Adjournal are revoked to the extent specified in the third column of that Schedule.

Commencement Information

I3 Para. 3 in force at 1.4.1996, see para. 1(1)

Hope of Craighead

Lord Justice General, I.P.D.

Edinburgh,

29th February 1996

Preamble

SCHEDULE 1 S POWERS UNDER AND BY VIRTUE OF WHICH THIS ACT OF ADJOURNAL IS MADE

Commencement Information

I4 Sch. 1 in force at 1.4.1996, see para. 1(1)

Column 1	Column 2	Column 3
Relevant enactment conferring power	Relevant amending enactment	Relevant provision in Schedule 2
Section 1 of the Public Records (Scotland) Act 1937 (c. 43)		Rule 3.6
Section 2A(3) of the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)	Inserted by paragraph 5 of Schedule 1 to the Criminal Justice Act 1988 (c. 33) and continued by section 37(5) of the Extradition Act 1989 (c. 33)	Rule 30.3(2) and (6)
Section 8 of the Backing of Warrants (Republic of Ireland) Act 1965	Amended by paragraph 5 of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)	Chapter 30
Section 38 of the Legal Aid (Scotland) Act 1986 (c. 47)		Chapter 33
Section 90(4) of the Debtors (Scotland) Act 1987 (c. 18)		Rule 20.8(2)
Section 10(3) of the Extradition Act 1989 (c. 33)		Rule 34.2(2) to (8)
Section 14(3) of, and paragraph 9(3) of Schedule 1 to, the Extradition Act 1989		Rule 34.5
Section 8(5) of the Computer Misuse Act 1990 (c. 18)		Rule 35.1
Section 10 of the Criminal Justice (International Co-operation) Act 1990 (c. 5)		Chapter 36
Section 19(2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)		Rule 15.2(6)
Section 18(7) of the Proceeds of Crime (Scotland) Act 1995 (c. 43)		Rule 37.2

Paragraph 2

SCHEDULE 2 S CRIMINAL PROCEDURE RULES 1996

PART I S Preliminary and administration

CHAPTER 1 S CITATION, INTERPRETATION [F1 ETC.]

Textual Amendments

F1 Word in Sch. 2 Ch. 1 heading substituted (19.5.1999) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1999 (S.I. 1999/1387), paras. 1(1), 2(2)(a)

Citation of these Rules S

1.1.  These Rules may be cited as the Criminal Procedure Rules 1996.

Commencement Information

I5 Sch. 2 rule 1.1 in force at 1.4.1996, see para. 1(1)

Interpretation S

1.2.—(1) In these Rules, unless the context otherwise requires—

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

“counsel” means a practising member of the Faculty of Advocates or a solicitor having a right of audience before the High Court by virtue of section 25A of the Solicitors (Scotland) Act 1980(3);

(2) Unless the context otherwise requires, a reference to a specified Chapter, Part, rule or form is a reference to the Chapter, Part, rule, or form in the appendix to these Rules, so specified in these Rules; and a reference to a specified paragraph, sub-paragraph or head is a reference to that paragraph of the rule or form, that sub-paragraph of the paragraph or that head of the sub-paragraph, in which the reference occurs.

Commencement Information

I6 Sch. 2 rule 1.2 in force at 1.4.1996, see para. 1(1)

Forms S

1.3.  Where there is a reference to the use of a form in these Rules, that form in the appendix to these Rules, or a form substantially to the same effect, shall be used with such variation as circumstances may require.

Commencement Information

I7 Sch. 2 rule 1.3 in force at 1.4.1996, see para. 1(1)

[F2 Direction relating to Advocate General S

1.4.   The Lord Justice General may, by direction, specify such arrangements as he considers necessary for, or in connection with, the appearance in court of the Advocate General for Scotland.]

Textual Amendments

F2 Sch. 2 rule 1.4 inserted (19.5.1999) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1999 (S.I. 1999/1387), paras. 1(1), 2(2)(b)

CHAPTER 2 S SERVICE OF DOCUMENTS

Service on Crown S

2.1.  Any document that requires to be sent to or served on the Lord Advocate or the prosecutor under any enactment or rule of law shall be sent to or served on, as the case may be—

(a) if it relates to a case set down for trial in the High Court, the Crown Agent;

(b) if it relates to a case set down for trial in the sheriff court or district court, the appropriate procurator fiscal.

Commencement Information

I8 Sch. 2 rule 2.1 in force at 1.4.1996, see para. 1(1)

Citation in solemn proceedings S

2.2.—(1) Subject to rule 2.4 (service on witnesses), this rule applies to the citation of, and service on, an accused under [F3 section 66(4)(a)] of the Act of 1995 (service and lodging of indictment, etc).

(2) Service shall be effected by an officer of law—

(a) delivering the document to the accused personally;

(b) leaving the document in the hands of a member of the family of the accused or other occupier or employee at the proper domicile of citation of the accused;

(c) affixing the document to the door of, or depositing it in, the proper domicile of citation of the accused; or

(d) where the officer of law serving the document has reasonable grounds for believing that the accused, for whom no proper domicile of citation has been specified, is residing at a particular place but is unavailable—

(i) leaving the document in the hands of a member of the family of the accused or other occupier or employee at that place; or

(ii) affixing the document to the door of, or depositing it in, that place.

(3) In this rule,“proper domicile of citation” means the address at which the accused may be cited to appear at any diet relating to the offence with which he is charged or an offence charged in the same proceedings as that offence or to which any other intimation or document may be sent.

Textual Amendments

F3 Words in Sch. 2 rule 2.2(1) substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(2)

Commencement Information

I9 Sch. 2 rule 2.2 in force at 1.4.1996, see para. 1(1)

[F4 Citation in solemn proceedings by service on solicitor S

2.2A.   Where the documents mentioned in section 66(6C) of the Act of 1995 (citation by service on solicitor) are to be served on a solicitor under that section, they shall be–

(a) delivered to the solicitor personally at the solicitor’s place of business;

(b) left for the solicitor with an employee or partner of the solicitor at the solicitor’s place of business; or

(c) posted to the solicitor’s place of business by the first class recorded delivery service,

with a notice in Form 2.2A.]

Textual Amendments

F4 Sch. 2 rule 2.2A inserted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(5) (with para. 2(2)-(4))

General provisions for service S

2.3.—(1) Subject to the following paragraphs of this rule [F5 and to rule 2.3A], the citation of, or the service of any document on, a person under or by virtue of the Act of 1995, these Rules or any other enactment shall, unless otherwise provided in the relevant enactment, be effected in the same manner, with the necessary modifications, as the citation of an accused in summary proceedings under section 141 of that Act (manner of citation) or under rule 2.2 of these Rules (citation in solemn proceedings).

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The citation in Form 29.3 of a person to attend a diet fixed for taking his precognition on oath under section 291 of the Act of 1995 (precognition on oath of defence witnesses) shall be made by personal service on him by an officer of law acting on the instructions of the accused or his solicitor.

Textual Amendments

F5 Words in Sch. 2 rule 2.3(1) inserted (4.10.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2004 (S.S.I. 2004/434), paras. 1(1), 2(2)

F6 Sch. 2 rule 2.3(2) omitted (27.10.2003) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(3)

Commencement Information

I10 Sch. 2 rule 2.3 in force at 1.4.1996, see para. 1(1)

[F7 Service etc. on accused through a solicitor S

2.3A.   Where in proceedings on indictment anything is to be served on, given, notified or intimated to a solicitor under section 72G of the Act of 1995 it shall be—

(a) delivered to the solicitor personally;

(b) left for the solicitor with an employee or partner of the solicitor at the solicitor’s place of business; or

(c) posted to the solicitor’s place of business by the first class recorded delivery service,

with a notice in Form 2.3A.]

Textual Amendments

F7 Sch. 2 rule 2.3A inserted (4.10.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2004 (S.S.I. 2004/434), paras. 1(1), 2(3)

Service on witnesses S

2.4.—(1) Service of a citation by the prosecution or defence on a witness in any proceedings may, in the first instance, be by post.

(2) Where citation of a witness has been attempted by post but has not been effected, or the witness has not returned Form 8.2-D or Form 16.6-B, as the case may be, within the period prescribed in rule 8.2(3) or 16.6(1), as the case may be, citation of that witness shall be effected by an officer of law delivering the document to the witness personally.

Commencement Information

I11 Sch. 2 rule 2.4 in force at 1.4.1996, see para. 1(1)

Service by post S

2.5.—(1) Subject to any provision in the Act of 1995 [F8 or of these Rules], service by post shall be by registered post, ordinary first class post or the first class recorded delivery service.

(2) Where the citation of, or service on, any person is effected by post under these Rules, the date of citation shall be deemed to be the day after the date of posting.

Textual Amendments

F8 Words in Sch. 2 rule 2.5(1) inserted (4.10.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2004 (S.S.I. 2004/434), paras. 1(1), 2(4)

Commencement Information

I12 Sch. 2 rule 2.5 in force at 1.4.1996, see para. 1(1)

Forms of execution of service S

2.6.—(1) The execution of service of a citation and notice to appear of a person accused on indictment referred to in rule 8.2(1) (citation of accused and witnesses) shall be in Form 2.6-A.

[F9 (1A) The execution of a citation of a person accused on indictment referred to in rule 8.2(1A) (citation of accused by affixing a notice) shall be in Form 2.6-AA.]

(2) The execution of service of a complaint on an accused shall be in Form 2.6-B.

[F10 (2A) The execution of a citation of an accused referred to in rule 16.1(2A) (citation of accused by affixing a notice) shall be in Form 2.6-BA.]

(3) The execution of personal service of a citation of a witness cited to appear at a trial on indictment shall be in Form 2.6-C.

(4) The execution of personal service of a citation of a witness cited to appear at a trial on summary complaint shall be in Form 2.6-D.

[F11 (5) The execution of a citation referred to in–

(a) rule 20.3(2) or (3) (supervised release orders: form of citation of offender) shall be in Form 2.6-EA;

(b) rule 20.10(2) or (3) (probation orders: forms of citation of probationer) shall be in Form 2.6-EB;

(c) rule 20.11(3) or (4) (supervised attendance orders: forms of citation of offender) shall be in Form 2.6-EC;

(d) rule 20.12(2) (community service orders: forms of citation of offender) shall be in Form 2.6-ED;

(e) rule 20.12A(3) or (4) (restriction of liberty orders: forms of citation of offender) shall be in Form 2.6-EE; F12 ...

(f) rule 20.12B(2) or (3) (drug treatment and testing orders: forms of citation of offender) shall be in Form 2.6-EF] [F13 ; and

(g) rule 20.12C(2) or (3) (community reparation orders: forms of citation of offender) shall be in Form 2.6–EG.]

(6) The execution of a citation or service under rule 2.3(1) (general provisions for service) shall, with the necessary modifications, be in Form 2.6-F.

[F14 (7) The execution of service of documents under rule 2.2A (citation in solemn proceedings by service on solicitor) or rule 2.3A (service etc. on accused through a solicitor) shall be in Form 2.6–G.]

Textual Amendments

F9 Sch. 2 rule 2.6(1A) inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(4)(a)

F10 Sch. 2 rule 2.6(2A) inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(4)(b)

F11 Sch. 2 rule 2.6(5) substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(4)(c)

F12 Word in Sch. 2 rule 2.6(5)(e) omitted (31.3.2005) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2005 (S.S.I. 2005/160), paras. 1(1), 2(2)(a)

F13 Sch. 2 rule 2.6(5)(g) and word inserted (31.3.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2005 (S.S.I. 2005/160), paras. 1(1), 2(2)(b)

F14 Sch. 2 rule 2.6(7) inserted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(6) (with para. 2(2)-(4))

Commencement Information

I13 Sch. 2 rule 2.6 in force at 1.4.1996, see para. 1(1)

Proof of service furth of Scotland S

2.7.  Where any citation of an accused is served in England, Wales or Northern Ireland by an officer effecting such service in accordance with section 39(3) of the Criminal Law Act 1977(4) (citation of person charged with crime or offence to appear before a court in Scotland), the evidence of—

(a) that officer on oath, or

(b) written execution of service by him,

shall be sufficient evidence of that service.

Commencement Information

I14 Sch. 2 rule 2.7 in force at 1.4.1996, see para. 1(1)

CHAPTER 3 S COURT RECORDS

Books of Adjournal S

3.1.—(1) The Edinburgh Book of Adjournal and the Book of Adjournal for cases heard outwith Edinburgh shall respectively contain—

(a) in the case of a trial in the High Court—

(i) the record copy of the indictment;

[F15 (ii) the minute of proceedings prepared by the Clerk of Justiciary;]

(iii) the relative printed list of assize;

(b) in the case of a petition to the High Court—

(i) the record copy of the petition;

[F16 (ii) the minute of proceedings prepared by the Clerk of Justiciary;]

(2) The Edinburgh Book of Adjournal shall contain the Acts of Adjournal.

(3) The [F17 minute] of proceedings referred to in paragraph (1) shall be signed by the Clerk of Justiciary; and, on being so signed, shall have effect and shall be treated for all purposes, including extracts, as a true and sufficient record of the proceedings to which it relates.

Textual Amendments

F15 Sch. 2 rule 3.1(1)(a)(ii) substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(5)(a)

F16 Sch. 2 rule 3.1(1)(b)(ii) substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(5)(a)

F17 Word in Sch. 2 rule 3.1(3) substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(5)(b)

Commencement Information

I15 Sch. 2 rule 3.1 in force at 1.4.1996, see para. 1(1)

Form of minuting in solemn proceedings S

3.2.  Subject to the provisions of any other enactment, the forms of minuting in solemn proceedings before the sheriff shall be in accordance with the forms used in the High Court.

Commencement Information

I16 Sch. 2 rule 3.2 in force at 1.4.1996, see para. 1(1)

Interlocutors in High Court to be signed by clerk of court S

3.3.  In the High Court, an interlocutor shall be distinctly minuted or entered in the record, and that entry shall be signed by the clerk of court.

Commencement Information

I17 Sch. 2 rule 3.3 in force at 1.4.1996, see para. 1(1)

Record copies of indictments etc. to be inserted in record books S

3.4.—(1) The record copies of indictments brought before the High Court, and the record copies of all printed proceedings in that court, shall be inserted in the books of adjournal, either at their proper place in the body of such books, or at the end of the volume in which the relative procedure is recorded (in which case they shall be distinctly referred to as so appended); and the books of adjournal so made up and completed shall be and be taken to be and be used as the books of adjournal of that court.

(2) Where an indictment in solemn proceedings in a sheriff court is either wholly or partly printed, a copy of it, either wholly or partly printed, shall be inserted in the record book of court, either in its proper place in the body of that book or at the end of the volume in which the relative procedure is recorded (in which case it shall be distinctly referred to as so appended).

Commencement Information

I18 Sch. 2 rule 3.4 in force at 1.4.1996, see para. 1(1)

Form of recording warrants for remission of sentences S

3.5.  The Clerk of Justiciary shall cause all warrants under the royal sign manual for remission of sentences received by him to be bound in volumes and indexed, and a note of each warrant referring to a High Court sentence shall be entered in the margin of the minute book opposite the case to which it relates.

Commencement Information

I19 Sch. 2 rule 3.5 in force at 1.4.1996, see para. 1(1)

[F18 Registers kept by High Court S

3.5A.   Any register kept by the High Court, whether or not under or by virtue of these Rules, may be kept either—

(a) in documentary form; or

(b) in electronic form (that is to say in a form accessible only by electronic means).]

Textual Amendments

F18 Sch. 2 rule 3.5A inserted (19.5.1999) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1999 (S.I. 1999/1387), paras. 1(1), 2(3)

Custody and transmission of records S

3.6.—(1) Subject to the following provisions of this rule, the records of the High Court shall, after the Keeper of the Records of Scotland and the Clerk of Justiciary have consulted as to what records or parts of them may first be destroyed as not being considered to have a value for legal purposes or for historical or other research, be transmitted to the Keeper of the Records of Scotland under arrangements to be agreed between him and the Clerk of Justiciary.

(2) The Clerk of Justiciary and the Keeper of the Records of Scotland shall arrange for such transmissions at intervals of not less than five years nor more than 10 years from the date of the immediately preceding transmission and after similar consultation, for such periods as may be deemed by them to be appropriate.

(3) The Lord Justice General or Lord Justice-Clerk may make a direction from time to time in relation to the retention, disposal, transmission or destruction by the Clerk of Justiciary of any document or category of document in the records of the High Court.

Commencement Information

I20 Sch. 2 rule 3.6 in force at 1.4.1996, see para. 1(1)

PART II S General

CHAPTER 4 S BAIL

Application to alter address in bail order S

4.1.—(1) An application under section 25(2) of the Act of 1995 (alteration of address specified in the order granting bail) shall—

(a) include the following information:—

(i) identification of the proceedings in which the order was made;

(ii) details of the new address;and

(iii) reasons for the proposed change of address; and

(b) be served on—

(i) the clerk of the court which made the order; and

(ii) the prosecutor.

(2) The prosecutor shall, within seven days of receipt of the copy of the application, notify the clerk of court in writing whether or not he intends to oppose the application.

(3) Where the prosecutor notifies the clerk of court that he does not intend to oppose the application, the court shall proceed to dispose of the application and may do so in the absence of the applicant.

(4) Where the prosecutor notifies the clerk of court that he intends to oppose the application, the clerk of court shall arrange a hearing before the court in chambers at which the applicant and the prosecutor may appear or be represented.

(5) The clerk of court shall give notice in writing of the decision of the court on an application referred to in paragraph (1) to—

(a) the applicant;

(b) the prosecutor; and

(c) any co-accused.

[F19 (6) Where–

(a) the application is made by a witness who has been granted bail under section 90B(1)(b) of the Act of 1995; and

(b) the warrant to apprehend the witness under section 90A(1) of the Act of 1995 was issued on the application of a party other than the prosecutor,

paragraphs (1) to (5) shall also apply to that party as they apply to the prosecutor.]

Textual Amendments

F19 Sch. 2 rule 4.1(6) inserted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(7) (with para. 2(2)-(4))

Commencement Information

I21 Sch. 2 rule 4.1 in force at 1.4.1996, see para. 1(1)

CHAPTER 5 S JUDICIAL EXAMINATION

Procedure in examination S

5.1.  Subject to the following provisions of this Chapter, the procedure to be followed in relation to examination of the accused under sections 35 to 39 of the Act of 1995 (which relate to judicial examination) on any charge shall be in accordance with existing law and practice.

Commencement Information

I22 Sch. 2 rule 5.1 in force at 1.4.1996, see para. 1(1)

Record of examination S

5.2.—(1) The record of all proceedings under the sections of the Act of 1995 mentioned in rule 5.1 (procedure in examination) shall be kept by the sheriff clerk in Form 5.2, and shall be kept by him with the petition containing the charge or charges in respect of which the accused is brought before the sheriff for examination.

(2) The sheriff clerk shall transmit to the prosecutor a certified copy of the petition under section 34 of the Act of 1995 (petition for warrant) and the record of proceedings—

(a) in relation to proceedings at which the accused is liberated in due course of law, on the conclusion of those proceedings; and

(b) in relation to any further examination, on the conclusion of that examination.

Commencement Information

I23 Sch. 2 rule 5.2 in force at 1.4.1996, see para. 1(1)

Verbatim record S

5.3.—(1) Where the prosecutor provides a shorthand writer for the purposes of section 37(1) of the Act of 1995 (verbatim record of proceedings), the shorthand writer shall be—

(a) a person recognised by a court as a shorthand writer for the purposes of section 93 of the Act of 1995 (record of trial) or rule 29.18 of Schedule 1 to the Sheriff Courts (Scotland) Act 1907(5) (recording of evidence); or

(b) a person, other than a person mentioned in sub-paragraph (a) of this paragraph, who is skilled in the writing of shorthand (whether or not in the service of the prosecutor).

(2) In proceedings where a verbatim record is made by a person mentioned in paragraph (1)(b), a tape-recorded record of the proceedings shall also be made by the sheriff clerk in accordance with rule 5.4(1) and (2)(use of tape recorders).

(3) The name and address of the shorthand writer or the person recording the questions, answers and declarations by mechanical means shall be recorded in the record of proceedings.

(4) The shorthand writer shall record the whole proceedings relating to—

(a) the emitting by the accused of a declaration under section 35(4) of the Act of 1995; and

(b) any questions the accused is asked and any answers given including his declining to answer, under section 35(5) (accused brought before sheriff for further examination), or section 36 (judicial examination: questioning by prosecutor), of the Act of 1995.

(5) The shorthand writer shall not include in the transcript he makes of the proceedings any questions disallowed by the sheriff and any answers to such questions.

(6) The shorthand writer shall, in addition to the transcript of proceedings he makes under paragraph (4), also make such further transcript of the record made by him as either the judge at a first diet or, as the case may be, preliminary diet, or the High Court of Justiciary on an appeal, may direct for the purposes of considering an application under section 278(2) of the Act of 1995 (application that record of judicial examination not be read or be held inadmissible).

(7) The shorthand writer shall, as soon as possible after the conclusion of the proceedings, deliver to the prosecutor the transcript signed and certified by him in accordance with section 37(4)(b) of the Act of 1995.

Commencement Information

I24 Sch. 2 rule 5.3 in force at 1.4.1996, see para. 1(1)

Use of tape recorders S

5.4.—(1) Any tape-recorded record of the proceedings made under rule 5.3(2), shall be made on two separate tapes simultaneously which shall be marked (and in this rule referred to as)“tape A” and“tape B” respectively.

(2) The sheriff clerk shall record on both tapes any proceedings mentioned in rule 5.3(5) (questions disallowed by sheriff), and for the purposes of maintaining a continuous record of the proceedings on both tapes, the proceedings may be interrupted at the instance of the sheriff clerk for such reasonable period as he may require.

(3) The sheriff clerk shall note in the record of proceedings the time of commencement and the time of termination of the tape-recording.

(4) On the conclusion of the proceedings in question, the sheriff clerk shall—

(a) cause tape A to be sealed in an envelope or other similar container on which the following information shall be endorsed:—

(i) the name of the accused;

(ii) the date of examination;

(iii) the name of the presiding sheriff;

(iv) the name of the shorthand writer;

(v) the time of commencement and of termination of the tape; and

(vi) the time and date of sealing of the tape; and

(b) deliver tape B to the prosecutor.

(5) The sheriff clerk shall retain tape A until he is informed in writing by the prosecutor that the proceedings against the accused in respect of the charge or charges in relation to which he was examined have come to an end.

(6) The sheriff clerk shall not permit the seal on the container of tape A to be broken while he retains it except on being authorised to do so by a judge.

(7) On being so authorised the sheriff clerk shall only permit such access to tape A for such period as may be required for the purposes of the authorisation and, on the expiry of that period, shall again comply with the requirements of paragraphs (4)(a) an d (5).

(8) The sheriff clerk shall, on being informed in writing by the prosecutor that the proceedings mentioned in paragraph (5) have come to an end, return tape A to the prosecutor.

(9) For the purposes of paragraph (8), the circumstances in which the proceedings have come to an end include—

(a) a decision by the prosecutor to take no further action against the accused in respect of the charge in question;

(b) following conviction and sentence of the accused in respect of the charge in question, the expiry of any statutory period of appeal without an appeal being taken; and

(c) the final disposal of any appeal which has been taken.

Commencement Information

I25 Sch. 2 rule 5.4 in force at 1.4.1996, see para. 1(1)

Questions by prosecutor S

5.5.—(1) The sheriff before whom the accused is brought for examination shall, if the prosecutor proposes to ask the accused questions regarding the alleged making by the accused of an extrajudicial confession to which section 36(3) of the Act of 1995 (confession in the hearing of constable) applies, be provided by the prosecutor before the commencement of the examination with a copy of the written record of the confession allegedly made.

(2) If the sheriff has not been provided with the written record required under paragraph (1), the prosecutor shall not ask the accused any such questions.

(3) The accused shall not be put on oath in the course of any proceedings on examination.

(4) The judge presiding at the trial of an accused who has declined to answer any question under section 36(1) of the Act of 1995 (prosecutor’s questions as to matters in the charge or as to confession or declaration) may, in determining whether his having so declined may be commented upon by virtue of section 36(8) of the Act of 1995 (comments at trial), have regard to the terms of the charge to which the question related.

(5) The petition containing the terms of the charge to which the question referred to in paragraph (4) related, or a copy of the petition certified by the sheriff clerk as such, shall be sufficient evidence of the terms of that charge for the purposes of that paragraph; but the petition or a certified copy of the petition need not be included in any list of productions made available at the trial.

(6) The prosecutor shall, if the presiding judge proposes to have regard to the terms of that charge for the purposes of paragraph (4), provide the presiding judge with the petition or certified copy of the petition referred to in paragraph (5).

Commencement Information

I26 Sch. 2 rule 5.5 in force at 1.4.1996, see para. 1(1)

Rectification of errors in transcript S

5.6.—(1) A notice served under section 38(1)(a) of the Act of 1995 (notice of error or incompleteness in transcript) shall be in Form 5.6-A.

(2) The prosecutor shall, on serving or receiving such a notice, immediately lodge with the sheriff clerk the transcript certified in accordance with section 37(4)(b) of the Act of 1995.

(3) An application to the sheriff under section 38(1)(b) of the Act of 1995 (rectification of error or incompleteness) shall be in Form 5.6-B.

(4) The application referred to in paragraph (3) shall be lodged with the sheriff clerk with—

(a) a copy of the notice served under section 38(1)(a) of the Act of 1995; and

(b) an execution of service of that notice.

(5) Where the person on whom notice is served under section 38(1)(a) of the Act of 1995 agrees with the opinion to which that notice relates—

(a) he may intimate his agreement in Form 5.6-C to the person serving notice; and

(b) he shall, at the same time as intimating his agreement, send a copy of that form to the sheriff clerk.

(6) On the lodging of an application under paragraph (3), the sheriff shall, unless he dispenses with a hearing, by an order endorsed on the application—

(a) fix a date for a hearing; and

(b) order intimation of the date of the hearing to be made by the sheriff clerk to the prosecutor and to the accused person to whose examination the transcript relates.

(7) Where the sheriff authorises rectification of the transcript, he shall by an order endorsed on the application and signed by him specify the rectification authorised.

(8) The sheriff clerk shall give effect to any authorised rectification by amending the signed and certified transcript in accordance with the terms of the order of the sheriff and by initialling any amendment.

(9) On making any such amendment, the sheriff clerk shall—

(a) attach to the rectified transcript a copy of the order of the sheriff certified by the sheriff clerk;

(b) return the rectified transcript to the prosecutor;

(c) retain the application for rectification and the order of the sheriff made in respect of the application; and

(d) attach the documents mentioned in sub-paragraph (c) of this paragraph to the record of proceedings mentioned in rule 5.2 (record of examination).

Commencement Information

I27 Sch. 2 rule 5.6 in force at 1.4.1996, see para. 1(1)

Alteration of time limits by sheriff S

5.7.  Any direction made by the sheriff under section 37(7)(a) of the Act of 1995 (modifications as to time limits) shall be entered in the record of proceedings mentioned in rule 5.2 (record of examination) and authenticated by the sheriff subscribing his signature.

Commencement Information

I28 Sch. 2 rule 5.7 in force at 1.4.1996, see para. 1(1)

Postponement of trial diet by sheriff S

5.8.—(1) The sheriff shall not make an order under section 37(7)(b) of the Act of 1995 (postponement of trial diet) in respect of a case set down for trial in the High Court.

(2) Any order by a sheriff under section 37(7)(b) of the Act of 1995 in a case not set down for trial in the High Court shall be—

(a) endorsed on the record copy of the indictment;

(b) authenticated by the signature of the sheriff; and

(c) intimated—

(i) by the prosecutor to any co-accused by serving on him an intimation of postponement in Form 5.8; and

(ii) by the sheriff clerk to the governor of any institution in which any co-accused is detained.

Commencement Information

I29 Sch. 2 rule 5.8 in force at 1.4.1996, see para. 1(1)

Postponement of trial diet by High Court S

5.9.—(1) If the sheriff considers that it may be appropriate to make an order under section 37(7)(b) of the Act of 1995 (postponement of trial diet) in respect of a case set down for trial in the High Court, he shall report the circumstances (including the making of any direction under section 37(7)(a) (modifications as to time limits)) to the Clerk of Justiciary.

(2) The Clerk of Justiciary, on receiving the report of the sheriff, shall—

(a) fix a diet (to which the trial diet shall be treated as being postponed) for the determination by a single judge of the High Court of the diet to which the trial shall be postponed; and

(b) intimate that diet to the prosecutor, the accused and the governor of any institution in which any accused is detained.

(3) The single judge of the High Court, in determining the diet to which the trial shall be postponed, shall have regard to the terms of the report of the sheriff.

Commencement Information

I30 Sch. 2 rule 5.9 in force at 1.4.1996, see para. 1(1)

Alteration of time limits by High Court S

5.10.—(1) An application to the High Court for a direction to extend a time limit referred to in section 37(9) of the Act of 1995 shall be made by petition.

(2) A petition under paragraph (1) shall be intimated to the other party and lodged with a certificate of intimation with the sheriff clerk.

(3) The sheriff clerk shall, on the lodging of a petition, transmit it to the Clerk of Justiciary with a certified copy of the relative petition and record of proceedings.

(4) A petition under paragraph (1) may be disposed of by a single judge of the High Court.

(5) The Clerk of Justiciary shall, as soon as possible after he receives the petition—

(a) fix a diet for the hearing; and

(b) intimate the diet to the prosecutor and the accused.

(6) The Clerk of Justiciary shall, on the disposal of the petition by the High Court, transmit a certified copy of the order of the High Court to the sheriff clerk.

(7) The sheriff clerk shall, on receiving the certified copy of the order, attach it to the record of proceedings.

Commencement Information

I31 Sch. 2 rule 5.10 in force at 1.4.1996, see para. 1(1)

CHAPTER 6 S PROCEEDINGS INVOLVING CHILDREN

Interpretation of this Chapter S

6.1.  In this Chapter—

“the Act of 1937” means the Children and Young Persons (Scotland) Act 1937(6);

“court” means the sheriff sitting as a court of summary jurisdiction.

Commencement Information

I32 Sch. 2 rule 6.1 in force at 1.4.1996, see para. 1(1)

Application of summary procedure S

6.2.  The procedure in summary proceedings shall apply, in relation to proceedings against a child as it applies to proceedings against an adult, subject to the provisions of the Act of 1937, the Act of 1995 and this Chapter.

Commencement Information

I33 Sch. 2 rule 6.2 in force at 1.4.1996, see para. 1(1)

Assistance for unrepresented child S

6.3.—(1) Where a child is unrepresented in any proceedings, the parent or guardian of the child may assist him in conducting his defence.

(2) Where the parent or guardian of the child cannot be found, or cannot in the opinion of the court reasonably be required to attend, the court may allow a relative or other responsible person to assist the child in conducting his defence.

Commencement Information

I34 Sch. 2 rule 6.3 in force at 1.4.1996, see para. 1(1)

Procedure in summary proceedings S

6.4.  In a case where a child is brought before a court on a complaint, the sheriff—

(a) shall explain to the child the substance of the charge in simple language suitable to his age and understanding, and shall then ask the child whether he admits the charge;

(b) if satisfied, after trial or otherwise, that the child has committed an offence, shall so inform the child and—

(i) the child and his parent, guardian, relative or other responsible person assisting the child, or the person representing the child, shall be given an opportunity to make a statement, and

(ii) shall obtain such information as to the general conduct, home surroundings, school record, health and character of the child as may enable the sheriff to deal with the case in the best interests of the child and may remand the child for such enquiry as may be necessary; and

(c) if the sheriff considers it necessary in the interests of the child while considering disposal after conviction, may require the parent, guardian, relative or other responsible person assisting the child, or the person representing the child, or the child, as the case may be, to withdraw from the court.

Commencement Information

I35 Sch. 2 rule 6.4 in force at 1.4.1996, see para. 1(1)

Failure to comply with probation order S

6.5.—(1) Any citation requiring the appearance of a child before the court in respect of a failure to comply with a probation order shall be accompanied by a notice—

(a) giving the reasons for the issue of such citation, and

(b) stating in what respects it is alleged that any one or more of the requirements of the probation order has or have not been complied with by him;

and, in any case where the child has been apprehended without prior citation, such a notice shall be handed to him in court.

(2) On the child appearing in court, the sheriff shall explain to the child in simple language suitable to his age and understanding the effect of the notice, and shall then ask him whether he admits having failed to comply with the requirements of the probation order as alleged.

(3) Where the child does not admit the alleged failure to comply with the requirements of the probation order, the proceedings shall thereafter be conducted and the matter shall be determined by the court in the same manner as if the same were a matter which had arisen for determination on the original complaint.

Commencement Information

I36 Sch. 2 rule 6.5 in force at 1.4.1996, see para. 1(1)

Separation of children at sittings S

6.6.—(1) The court shall take steps, so far as possible, to prevent children attending sittings of the court from mixing with one another.

(2) If this cannot be achieved by holding separate sittings or fixing different hours for the different cases and types of cases coming before it, the court may order additional waiting rooms to be brought into use or may provide for an attendant in the waiting room.

Commencement Information

I37 Sch. 2 rule 6.6 in force at 1.4.1996, see para. 1(1)

Restrictions on reports of proceedings involving children S

6.7.—(1) Any direction made by a court under subsection (3)(a) (person under 16 is a witness only) of section 47 (restriction on report of proceedings involving children) of the Act of 1995 shall specify the person in respect of whom the direction is made.

(2) Any direction made by a court under subsection (3)(b) of section 47 of the Act of 1995 (restrictions dispensed with) shall specify the person in respect of whom the direction is made and the extent to which the provisions of the section are dispensed with in relation to that person.

(3) Any such direction shall be pronounced in open court and its terms shall be recorded in the record of proceedings; and the direction as so recorded shall be authenticated by the signature of the clerk of court.

Commencement Information

I38 Sch. 2 rule 6.7 in force at 1.4.1996, see para. 1(1)

[F20 CHAPTER 7 S MENTAL DISORDER

Textual Amendments

F20 Sch. 2 Ch. 7 substituted (5.10.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Mental Health (Care and Treatment) (Scotland) Act 2003) 2005 (S.S.I. 2005/457), paras. 1(1), 2(2)

Application for assessment orders S

7.1.— (1) A written application under—

(a) section 52B(1) of the Act of 1995 (assessment order: prosecutor); or

(b) section 52C(1) of the Act of 1995 (assessment order: Scottish Ministers),

shall be in Form 7.1.

(2) Where an application is made under paragraph (1)—

(a) the court shall appoint a diet for hearing the application; and

(b) the clerk of court shall intimate the diet to the applicant, the person in respect of whom the application is made or the solicitor for that person, the governor of any institution in which the person in respect of whom the application is made is detained and, where the application is by the Scottish Ministers, the prosecutor.

Assessment orders ex proprio motu S

7.2.   Where the court considers making an assessment order under section 52E of the Act of 1995 (assessment order: ex proprio motu) and considers it appropriate to do so—

(a) the court shall appoint a diet for parties to be heard; and

(b) the clerk of court shall intimate the diet to the prosecutor, the person in respect of whom the order may be made or the solicitor for that person, and the governor of any institution in which the person in respect of whom the application is made is detained.

Applications for treatment orders S

7.3.— (1) A written application under—

(a) section 52K(1) of the Act of 1995 (treatment order: prosecutor); or

(b) section 52L(1) of the Act of 1995 (treatment order: Scottish Ministers),

shall be in Form 7.3.

(2) Where an application is made under paragraph (1)—

(a) the court shall appoint a diet for hearing the application; and

(b) the clerk of court shall intimate the diet to the applicant, the person in respect of whom the application is made or the solicitor for that person, the governor of any institution in which the person in respect of whom the application is made is detained, and where the application is by the Scottish Ministers, the prosecutor.

Treatment orders ex proprio motu S

7.4.   Where the court considers making a treatment order under section 52N of the Act of 1995 (treatment order: ex proprio motu) and considers it appropriate to do so—

(a) the court shall appoint a diet for parties to be heard; and

(b) the clerk of court shall intimate the diet to the prosecutor, the person in respect of whom the order may be made or the solicitor for that person, and the governor of any institution in which the person in respect of whom the application is made is detained.

Variation of assessment orders or review of treatment orders S

7.5.   Where the court receives a report under section 52G(9) (report for variation of assessment order) or section 52Q(1) (report for review of treatment order) of the Act of 1995—

(a) the court shall, by interlocutor in Form 7.5, appoint a hearing for parties to be heard and where appropriate, grant warrant to authorised officers of the hospital or officers of law, to bring the offender from the hospital to the court for that diet; and

(b) the clerk of court shall intimate the diet to the prosecutor, the person in respect of whom the order has been made or the solicitor for that person.

Interim compulsion order S

7.6.— (1) Subject to paragraph (2), where the court receives a report under section 53B(1) of the Act of 1995 (interim compulsion order) —

(a) the court shall—

(i) by interlocutor in Form 7.6, appoint a hearing for parties to be heard and where appropriate, grant warrant to authorised officers of the hospital or officers of law, to bring the offender from the hospital to the court for that diet;

(ii) discharge the diet already fixed; and

(b) the clerk of court shall intimate the diet to the prosecutor, the person in respect of whom the order has been made or the solicitor for that person.

(2) Where the report referred to in paragraph (1) is received within 14 days before the diet already fixed, paragraph (1) shall not apply.

Assessment, treatment and interim compulsion orders: specified hospital S

7.7.   Where the court makes a direction under section 52F(1)(b) (assessment order: specified hospital), section 52P(1)(b) (treatment order: specified hospital) or section 53A(1) (interim compulsion order: specified hospital) of the Act of 1995 the court shall send a copy of the direction to the person in respect of whom the order has been made, the solicitor for that person, the prosecutor and Scottish Ministers.

Compulsion orders and hospital directions: specified hospital S

7.8.   Where the court makes a direction under 57D(1) (compulsion order: specified hospital) or specifies another hospital in a direction under section 59C(1) (hospital direction: specified hospital) of the Act of 1995 the court shall send a copy of the direction or specification, as the case may be, to the person in respect of whom the order has been made and the solicitor for that person.

[F21 Appeals S

7.9.— (1) An appeal under–

(a) section 62 of the Act of 1995 (appeal by accused in case involving insanity); or

(b) section 63 of the Act of 1995 (appeal by prosecutor in case involving insanity),

shall be made by lodging a note of appeal in Form 7.9.

(2) At the same time as lodging a note of appeal under paragraph (1), the applicant shall send a copy to the other parties.

(3) As soon as possible after the lodging of a note of appeal under paragraph (1), the Clerk of Justiciary shall request a report from the judge who made the finding, order or acquittal which is the subject of the appeal.]]

Textual Amendments

F21 Sch. 2 rule 7.9 inserted (2.5.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2007 (S.S.I. 2007/276), paras. 1(1), 2(2)

PART III S Solemn proceedings

CHAPTER 8 S THE INDICTMENT

Appeals in relation to extension of time for trial S

8.1.—(1) A note of appeal under section 65(8) of the Act of 1995 (appeal to High Court against grant or refusal of extension of time) in respect of an appeal from a decision under section 65(3) of that Act [F22 (extension of periods for commencement of preliminary hearing or trial diet)] shall be in Form 8.1-A.

(2) A note of appeal under section 65(8) of the Act of 1995 in respect of an appeal from a decision under section 65(5) F23 ... of that Act [F24 (extension of 80, 110 or 140 days period of committal)] shall be in Form 8.1-B.

(3) A note of appeal mentioned in paragraph (1) or (2) shall be served by the appellant on—

(a) the respondent;

(b) any co-accused; and

(c) the clerk of the court against the decision of which the appeal is taken.

(4) The appellant shall lodge with the Clerk of Justiciary—

(a) the note of appeal; and

(b) the execution of service in respect of the persons mentioned in paragraph (3).

(5) The clerk of the court against the decision of which the appeal is taken shall, as soon as practicable after being served with the note of appeal, transmit to the Clerk of Justiciary the original application and all the relative documents; and the Clerk of Justiciary shall, on receiving them, assign the appeal to the roll and intimate the date of the diet to the appellant and the respondent.

Textual Amendments

F22 Words in Sch. 2 rule 8.1(1) substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(8)(a) (with para. 2(2)-(4))

F23 Words in Sch. 2 rule 8.1(2) omitted (1.2.2005) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(8)(b) (with para. 2(2)-(4))

F24 Words in Sch. 2 rule 8.1(2) substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(8)(b) (with para. 2(2)-(4))

Commencement Information

I39 Sch. 2 rule 8.1 in force at 1.4.1996, see para. 1(1)

Further provision as respects extension of twelve months period for commencement of trial on indictment S

F25 8.1A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Sch. 2 rule 8.1A omitted (1.2.2005) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(9) (with para. 2(2)-(4))

Fresh indictment as alternative to serving notice fixing new trial diet S

F26 8.1B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 2 rule 8.1B omitted (1.2.2005) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(9) (with para. 2(2)-(4))

[F27 Citation of accused and witnesses S

8.2.— (1) Subject to paragraph (5), the notice to be affixed to the door of the relevant premises for the purposes of section 66(4)(b) of the Act of 1995 shall be in Form 8.2–A.

(2) Subject to paragraph (5), the notice for the purposes of section 66(6) of the Act of 1995 to be served on a person accused on indictment shall be in Form 8.2–B or, where the charge is of committing a sexual offence to which section 288C of that Act applies, [F28 or, where it is known by the prosecutor that the offence is one to which section 288E of that Act (prohibition of personal conduct of defence where a child witness is under the age of 12) applies,] Form 8.2–C.

(3) The form of postal citation of a witness under section 66(1) of the Act of 1995 shall be in Form 8.2–D; and the witness shall return Form 8.2–E to the procurator fiscal, or the accused person or his solicitor, as the case may be, in the pre-paid envelope provided, within 14 days after the date of citation.

(4) The form of personal citation of a witness under section 66(1) of the Act of 1995 shall be in Form 8.2–F.

(5) Where the accused is a body corporate,

(a) the notice to be affixed to the door of the relevant premises for the purposes of section 66(4)(b) of the Act of 1995 shall be in Form 8.2–G;

(b) the notice for the purposes of section 66(6) of the Act of 1995 shall be in Form 8.2–H.]

Textual Amendments

F27 Sch. 2 rule 8.2 substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(10) (with para. 2(2)-(4))

F28 Words in Sch. 2 rule 8.2(2) inserted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), paras. 1(1), 2(3) (with para. 2(2))

Notice of previous convictions S

8.3.  Any notice to be served on an accused under section 69(2) of the Act of 1995 (notice of previous convictions) shall be in Form 8.3.

Commencement Information

I40 Sch. 2 rule 8.3 in force at 1.4.1996, see para. 1(1)

[F29 CHAPTER 8A S ENGAGEMENT, DISMISSAL AND WITHDRAWAL OF SOLICITORS IN SOLEMN PROCEEDINGS

Textual Amendments

F29 Sch. 2 Ch. 8A inserted (4.10.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2004 (S.S.I. 2004/434), paras. 1(1), 2(5)

Notification S

8A.1.— (1) The notification to the court in writing under section 72F(1) of the Act of 1995 that a solicitor has been engaged by the accused for the purposes of his defence in any part of proceedings on indictment shall be in Form 8A.1–A.

(2) The notification to the court in writing under section 72F(2) of the Act of 1995 that a solicitor has been dismissed by the accused or has withdrawn from acting shall be in Form 8A.1–B.

Further pre–trial diet S

8A.2.— (1) An order for a further pre–trial diet under section [F30 72F(5)] of the Act of 1995 may be signed by the clerk of court.

(2) An order mentioned in paragraph (1) shall be intimated by the clerk of court to all parties and to the governor of any institution in which the accused is detained.]

Textual Amendments

F30 Word in Sch. 2 rule 8A.2(1) substituted (26.11.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/481), paras. 1(1), 2(2)

[F31 CHAPTER 9 S FIRST DIETS (SHERIFF COURT)

Textual Amendments

F31 Sch. 2 Chs. 9-9B substituted for Sch. 2 Ch. 9 (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(11) (with para. 2(2)-(4))

Minute giving notice of preliminary pleas or preliminary issues S

9.1.— (1) Any notice given under section 71(2) of the Act of 1995 (notice of preliminary pleas or preliminary issues before first diet) shall be by minute in Form 9.1.

(2) That minute shall be lodged with the sheriff clerk and served on every other party by the minuter.

Procedure on lodging minute S

9.2.   On the lodging of a minute under rule 9.1 (minute giving notice of preliminary pleas or preliminary issues) with a certificate of execution of service, the sheriff clerk shall endorse on the minute the time and date on which it was received.

Orders for further diets under section 71 of the Act of 1995 S

9.3.— (1) An order for a further diet under section 71(2ZA) of the Act of 1995 (further diet to consider objection to the admissibility of evidence) may be signed by the sheriff clerk.

(2) Intimation of the terms of an order–

(a) mentioned in paragraph (1); or

(b) for an adjourned diet under section 71(5A) of the Act of 1995 (adjournment of first diet),

shall be given by the sheriff clerk to the governor of any institution in which the accused is detained.

Procedure at first diet S

9.4.— (1) A first diet shall commence on the diet being called.

(2) A record of the proceedings at the first diet, including–

(a) a note of the decision made by the court in respect of any notice placed before it;

(b) any adjournment, and

(c) the plea stated under section 71(6) of the Act of 1995 (plea at first diet),

shall be kept in accordance with existing law and practice.

Applications for leave to appeal S

9.5.— (1) An application for leave to appeal to the High Court under section 74(1) of the Act of 1995 (appeal against a decision of the sheriff at a first diet) shall be made by motion to the sheriff at that diet immediately following the making of the decision in question, and shall be granted or refused at that time.

(2) A decision under this rule shall be recorded in the minute of proceedings.

Note of appeal S

9.6.— (1) An appeal under section 74(1) of the Act of 1995 against a decision of the sheriff at a first diet shall be made by lodging a note of appeal in Form 9.6.

(2) The note of appeal shall be lodged with the sheriff clerk not later than two days after the making of the decision in question.

Procedure on lodging note of appeal S

9.7.— (1) On the lodging of a note of appeal with the sheriff clerk, he shall endorse on it a certificate that leave to appeal has been granted and the date and time of lodging.

(2) As soon as possible after the lodging of a note of appeal with the sheriff clerk, he shall–

(a) send a copy of the note of appeal to the other parties or their solicitors;

(b) request a report on the circumstances relating to the decision from the sheriff; and

(c) transmit the note of appeal to the Clerk of Justiciary with a certified copy of–

(i) the indictment;

(ii) the record of proceedings; and

(iii) any other relevant document.

Report of sheriff S

9.8.— (1) The sheriff, on receiving a request for a report under rule 9.7(2)(b) (report on circumstances relating to decision) shall, as soon as possible, send his report to the Clerk of Justiciary.

(2) The Clerk of Justiciary shall, on receiving the report of the sheriff–

(a) send a copy of the report to the parties or their solicitors;

(b) arrange for a hearing of the appeal as soon as possible; and

(c) cause to be copied any documents necessary for the appeal.

Intimation of order postponing trial diet S

9.9.— (1) Where, in relation to an appeal under section 74(1) of the Act of 1995 (appeal in connection with first diet) in a case set down for trial in the sheriff court, the High Court makes an order under section 74(3) of that Act (postponement of trial diet), the Clerk of Justiciary shall send a copy of the order to–

(a) the sheriff clerk;

(b) all parties to the proceedings; and

(c) the governor of any institution in which any accused is detained.

(2) If, in relation to any case a trial diet has been postponed by virtue of an order mentioned in paragraph (1), any requirement to call that diet shall have effect only in relation to the date to which the diet has been postponed.

Orders of appeal court S

9.10.   The Clerk of Justiciary shall intimate to the sheriff clerk the decision of the High Court disposing of an appeal under section 74(1) of the Act of 1995 in relation to a first diet.

Abandonment of appeal S

9.11.— (1) An appellant who has taken an appeal under section 74(1) of the Act of 1995 (appeal in connections with first diet) may abandon the appeal at any time before the hearing of the appeal.

(2) An abandonment of such an appeal shall be made by lodging a minute of abandonment in Form 9.11 with the Clerk of Justiciary.

(3) The Clerk of Justiciary, on receiving such a minute of abandonment, shall inform the sheriff clerk and the other parties or their solicitors.

(4) The sheriff, on the sheriff clerk being so informed, may proceed as accords with the case.

CHAPTER 9A S PRELIMINARY HEARINGS (HIGH COURT OF JUSTICIARY)

Notice of preliminary pleas and preliminary issues S

9A.1.— (1) Any notice given under section 72(3) (notice of preliminary pleas) or section 72(6)(b)(i) (notice of preliminary issues) of the Act of 1995 shall be by minute in Form 9A.1.

(2) A minute under paragraph (1) shall be lodged with the Clerk of Justiciary and served on every other party by the minuter.

Applications to dispense with preliminary hearings S

9A.2.— (1) An application to dispense with a preliminary hearing shall made in Form 9A.2.

(2) Prior to making an application under paragraph (1), the parties shall consult with the Clerk of Justiciary as to a suitable date for a trial diet.

(3) An application under paragraph (1) shall indicate whether or not a date for a trial diet has been agreed by the parties with the Clerk of Justiciary and shall give details of any applicable time limits under section 65 of the Act of 1995.

(4) On the lodging of an application under paragraph (1), the Clerk of Justiciary shall attach it to the record copy of the indictment and place it before a judge in chambers.

(5) The order made by the judge in chambers in respect of the application shall be–

(a) recorded by endorsation on the record copy of the indictment;

(b) signed by the Clerk of Justiciary;

(c) entered in the record of proceedings; and

(d) intimated by the Clerk of Justiciary to the applicants or their solicitors.

(6) The Clerk of Justiciary shall send to the governor of any institution in which any accused is detained a copy of any order of the court dispensing with a preliminary hearing.

Notice to appear where preliminary hearing deserted S

9A.3.   A notice referred to in section 72C(4) of the Act of 1995 (notice to appear at further preliminary hearing) shall be in Form 8.2–B or, where the charge is of committing a sexual offence to which section 288C of the Act of 1995 (prohibition of personal conduct of defence in cases of certain sexual offences) applies, Form 8.2–C.

Written record of state of preparation S

9A.4.— (1) A written record referred to in section 72E of the Act of 1995 (written record of the state of preparation in certain cases) shall be in Form 9A.4 and shall contain the information indicated in that form.

(2) A written record under paragraph (1) may be lodged by sending a copy by facsimile or other electronic means followed by the lodging of the principal and the time and date of lodging shall be the date and time on which the copy was received by the Clerk of Justiciary.

(3) A written record under paragraph (1) which is lodged after 2pm on the last date for lodging under section 72E of that Act shall be deemed to have been lodged on the next day after that date.

Proceedings at preliminary hearing S

9A.5.— (1) Any order under section 72(9)(a) (appointment of further diet) of the Act of 1995 shall be intimated by the Clerk of Justiciary to the parties or their solicitors.

(2) On the making of an order mentioned in paragraph (1), the Clerk of Justiciary shall send a copy of the order to the governor of any institution in which the accused is detained.

(3) On the appointment of a trial diet, the Clerk of Justiciary shall intimate the date of that diet to the governor of any institution in which the accused is detained.

Applications for leave to appeal S

9A.6.— (1) An application for leave to appeal to the High Court under section 74(1) of the Act of 1995 against a decision of the High Court at a preliminary hearing shall be made by motion to the court at that hearing immediately following the making of the decision in question, and shall be granted or refused at that time.

(2) A decision made under this rule shall be recorded in the record of proceedings.

Note of appeal S

9A.7.— (1) An appeal under section 74(1) of the Act of 1995 against a decision of the High Court at a preliminary hearing shall be made by lodging a note of appeal in Form 9A.7 with the Clerk of Justiciary.

(2) The appellant shall send a copy of a note of appeal under paragraph (1) to the other parties.

Abandonment of appeal S

9A.8.— (1) An appellant who has taken an appeal under section 74(1) of the Act of 1995 (appeals against decision at a preliminary hearing) may abandon the appeal at any time before the hearing of the appeal.

(2) An abandonment of such appeal shall be made by lodging a minute of abandonment in Form 9A.8.

CHAPTER 9B S OBJECTIONS TO THE ADMISSIBILITY OF EVIDENCE RAISED AFTER FIRST DIET OR PRELIMINARY HEARING

Notice etc. of objections raised after first diet or preliminary hearing S

9B.1.— (1) Any notice given under section 79A(2) of the Act of 1995(objections to the admissibility of evidence after first diet or preliminary hearing) shall be by minute in Form 9B.1 and shall be served on the other parties by the minuter.

(2) On the lodging of a minute under paragraph (1), the Clerk of Justiciary or the sheriff clerk, as the case may be, shall place the minute before a judge in chambers.

(3) On considering the minute in the absence of the parties or of any person acting on their behalf, the judge shall appoint–

(a) a further diet to be held before the trial diet for the purpose of hearing the parties on whether leave should be granted for the objection to be raised; or

(b) the question of whether leave should be granted under section 79A(2) of the Act of 1995 for the objection to be disposed of at the trial diet.

(4) The Clerk of Justiciary or the sheriff clerk, as the case may be, shall intimate the order under paragraph (3) to the parties and to the governor of any institution in which the accused is detained.]

CHAPTER 10 S PLEA OF GUILTY

Procedure for plea of guilty S

10.1.—(1) A notice to appear at a diet of the appropriate court served on an accused under section 76(1) of the Act of 1995 (procedure where accused desires to plead guilty) shall—

(a) if an indictment has not already been served, be in Form 10.1-A;

(b) if an indictment has already been served, be in Form 10.1-B.

(2) In any case set down for trial in the High Court, any diet fixed by virtue of section 76(1) of the Act of 1995 may be called before the High Court sitting in Edinburgh whether or not—

(a) the case has already been set down for trial F32 ... elsewhere, or

(b) any notice has already been served on the accused under section 66(6) of that Act [F33 (notice of first diet and trial diet or preliminary hearing)].

(3) In the application of subsection (3) of section 76 of the Act of 1995, the court may postpone the trial diet under that section if, but only if—

(a) all the accused have been served with a notice in accordance with subsection (1) of that section;

(b) all the accused are present at the diet called by virtue of subsection (1) of that section; and

(c) a motion to postpone the trial diet is made to the court at that diet.

(4) Where the court grants that motion, the order granting it shall—

(a) be endorsed on the record copy of the indictment;

(b) be signed by the presiding judge;

(c) be entered in the record of proceedings; and

F34 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A copy of the order shall be sent by the clerk of court to the governor of any institution in which any accused is detained.

(6) Any requirement to call the diet in any case where such an order has been made shall have effect only in relation to the postponed trial diet.

Textual Amendments

F32 Words in Sch. 2 rule 10.1(2)(a) omitted (1.2.2005) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(12)(a) (with para. 2(2)-(4))

F33 Words in Sch. 2 rule 10.1(2)(b) substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(12)(b) (with para. 2(2)-(4))

F34 Sch. 2 rule 10.1(4)(d) omitted (1.2.2005) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(12)(c) (with para. 2(2)-(4))

Commencement Information

I41 Sch. 2 rule 10.1 in force at 1.4.1996, see para. 1(1)

CHAPTER 11 S NOTICES BY ACCUSED IN RELATION TO DEFENCE

Notices of special defence etc. S

11.1.  Where a notice under section 78(1) of the Act of 1995 (plea of special defence etc.) is to be served on a co-accused, that notice may be served on his solicitor.

Commencement Information

I42 Sch. 2 rule 11.1 in force at 1.4.1996, see para. 1(1)

Notices by accused of witnesses and productions S

11.2.  Any notice given by an accused under section 78(4) of the Act of 1995 (notice of witnesses and productions) shall be served on any co-accused [F35 or his solicitor].

Textual Amendments

F35 Words in Sch. 2 rule 11.2 inserted (9.9.1996) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 1996 (S.I. 1996/2147), paras. 1(1), 2(2)

Commencement Information

I43 Sch. 2 rule 11.2 in force at 1.4.1996, see para. 1(1)

[F36 CHAPTER 12 S ADJOURNMENT AND ALTERATION OF DIETS IN SOLEMN PROCEEDINGS

Textual Amendments

F36 Sch. 2 Ch. 12 substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(13) (with para. 2(2)-(4))

Adjournment S

12.1.— (1) Where circumstances arise in which the court may adjourn a diet under section 75A(2) of the Act of 1995 (adjournment and alteration of diets), and the prosecutor proposes such an adjournment, he may for that purpose require the diet to be called on the date for which it was originally fixed at such time as he thinks appropriate.

(2) The presence of the accused in court when the diet was so called and adjourned shall be sufficient intimation to him of the adjourned diet.

(3) If the diet was so called and adjourned in the absence of the accused, the prosecutor shall forthwith serve on the accused an intimation of adjournment in Form 12.1.

(4) The calling and the adjournment of the diet including a record as to the presence or absence of the accused, as the case may be, shall be endorsed by the clerk of court on the record copy indictment and entered in the record of proceedings in accordance with existing law and practice.

(5) A copy of the order of the court adjourning the diet under section 75A(2) of the Act of 1995 shall be sent by the clerk of court to the governor of any institution in which the accused is detained.

Applications for alteration of diet S

12.2.— (1) Subject to paragraph (2), an application under section 75A(5) of the Act of 1995 (application for alteration of diet) shall be made by minute in Form 12.2–A.

(2) Where all parties join in the application, the application shall be made by joint minute in Form 12.2–B.

(3) A minute under this rule shall be lodged–

(a) in the case of proceedings in the High Court, with the Clerk of Justiciary,

(b) in the case of proceedings in the sheriff court, with the sheriff clerk.

Orders fixing diet for hearing application to alter diet S

12.3.   Where a minute referred to in rule 12.2 (applications for alteration of diet) has been lodged, the court shall, or, in a case in which all parties join in the application, may, make an order endorsed on the minute–

(a) fixing a diet for a hearing of the application; and

(b) for service of the minute with the date of the diet on all parties.

Calling of diet for hearing application S

12.4.   A diet fixed under rule 12.3 (orders fixing diet for hearing application to alter diet) shall be held in open court in the presence of all parties unless the court permits the hearing to proceed in the absence of the accused under section 75A(8) of the Act of 1995, and shall be commenced by the calling of the diet.

Joint applications without hearing S

12.5.— (1) Where, in the case of a joint application under subsection (5) of section 75A of the Act of 1995 (application for alteration of diet), the court proposes to proceed without hearing the parties by virtue of subsection (7) of that section (joint application for alteration of diet), the clerk of court shall on the lodging of the minute attach it to the record copy of the indictment and place it before a judge in chambers.

(2) The order made by the judge in chambers in respect of the joint application shall be–

(a) recorded by endorsation on the record copy of the indictment;

(b) signed by the clerk of court;

(c) entered in the record of proceedings; and

(d) intimated by the clerk of court to the applicants or their solicitors.

(3) The clerk of court shall send to the governor of any institution in which the accused is detained a copy of the following orders of the court–

(a) an order under rule 12.3 (order fixing diet for hearing of application to alter diet);

(b) an order under section 65(3) or (5) of the Act of 1995 (extension of time limits); and

(c) an order under section 75A(5) of the Act of 1995( discharging a diet and fixing a new diet).

Form of notice where trial diet does not take place S

12.6.   A notice referred to in section 81(5) of the Act of 1995 (notice to appear where trial diet has not taken place) shall be in Form 8.2–B or, where the charge is of committing a sexual offence to which section 288C of that Act (prohibition of personal conduct of defence in cases of certain sexual offences) applies, Form 8.2–C.

Floating diets in the High Court of Justiciary S

12.7.— (1) A minute referred to in section 83A(2)(a) of the Act of 1995 (minute of continuation of floating trial diet) shall be in Form 12.7.

(2) The maximum number of days for which a floating diet may be continued from sitting day to sitting day shall be four days after the day originally appointed for the trial diet.]

CHAPTER 13 S SUMMONING OF JURORS

[F37 List of jurors S

13.1.— (1) A list of jurors shall–

(a) contain not less than 30 names;

(b) be prepared under the directions of the clerk of court before which the trial is to take place;

(c) be kept at the office of the sheriff clerk of the district in which the court of the trial diet is situated; and

(d) be headed “List of Assize for the sitting of the High Court of Justiciary (or the sheriff court of.at.) on the.of.”.

(2) The clerk of the court before which the trial is to take place, in preparing a list of jurors for the trial diet, shall have regard, in determining the number of jurors to be listed, to the powers of altering the date of or adjourning any trial diet exercisable under the following provisions of the Act of 1995:–

• section 74(3) (postponement of trial diet in appeals in connection with first diets or preliminary hearings),

• section 75A (adjournment and alteration of diets),

• section 76(3) (postponement where not guilty plea accepted).]

Textual Amendments

F37 Sch. 2 rule 13.1 substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(14) (with para. 2(2)-(4))

Citation of jurors S

13.2.—(1) The citation under section 85(4) of the Act of 1995 of a person summoned to serve as a juror shall be served on that person in Form 13.2-A.

(2) The execution of citation under section 85(4) of the Act of 1995 of persons summoned to serve as jurors shall be in Form 13.2-B.

Commencement Information

I44 Sch. 2 rule 13.2 in force at 1.4.1996, see para. 1(1)

[F38 CHAPTER 13A S WITNESSES

Textual Amendments

F38 Sch. 2 Ch. 13A inserted (4.10.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2004 (S.S.I. 2004/434), paras. 1(1), 2(6)

Citation of witnesses for precognition S

13A.1.   The form of citation of a witness for precognition under section 267A [F39 of the Act] of 1995 shall be in Form 13A.1.

Textual Amendments

F39 Words in Sch. 2 rule 13A.1 substituted (26.11.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/481), paras. 1(1), 2(3)

[F40 Warrants for apprehension S

13A.2.— (1) An application made in writing for a warrant for the apprehension of a witness under section 90A or 90D of the Act of 1995 shall be in Form 13A.2–A.

(2) On receipt of an application under paragraph (1), the Clerk of Justiciary or sheriff clerk, as the case may be, shall fix a diet for the hearing of the application and intimate the date of that hearing to the parties.

(3) A warrant for the apprehension of a witness under section 90A of the Act of 1995 shall be in Form 13A.2–B.

Textual Amendments

F40 Sch. 2 rules 13A.2-13A.4 inserted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(15) (with para. 2(2)-(4))

Review of orders S

13A.3.   An application for review under section 90D of the Act of 1995 of an order under section 90A(1)(a) or (b) of that Act shall be in Form 13A.3.

Textual Amendments

F40 Sch. 2 rules 13A.2-13A.4 inserted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(15) (with para. 2(2)-(4))

Appeals S

13A.4.   An appeal under section 90E(1) of the Act of 1995 (appeal in respect of an order under section 90B(1) of the Act of 1995) shall be made by lodging a note of appeal in Form 13A.4 with the Clerk of Justiciary.]]

Textual Amendments

F40 Sch. 2 rules 13A.2-13A.4 inserted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(15) (with para. 2(2)-(4))

CHAPTER 14 S PROCEDURE AT TRIAL IN SOLEMN PROCEEDINGS

Recording of not guilty plea S

14.1.  Where the accused pleads not guilty, the clerk of court shall make an entry in the record of proceedings for the purposes of section 88(1) of the Act of 1995 (recording plea of not guilty and balloting jury) that, in respect that the accused pleaded not guilty, the accused was remitted to an assize and that the jurors were balloted for and duly sworn to try the libel.

Commencement Information

I45 Sch. 2 rule 14.1 in force at 1.4.1996, see para. 1(1)

Balloting of jurors S

14.2.—(1) The clerk of court shall cause the name and address of each juror to be written on a separate piece of paper, all the pieces being of the same size, and shall cause the pieces to be folded up, as nearly as may be in the same shape, and to be put into a box or glass and mixed, and the clerk shall draw out the pieces of paper one by one from the box or glass.

(2) Where any of the persons whose names shall be so drawn does not appear, or is challenged (with or without cause assigned) and is set aside or, before any evidence is led, is excused, then such further names shall be drawn until the number required for the trial is completed.

Commencement Information

I46 Sch. 2 rule 14.2 in force at 1.4.1996, see para. 1(1)

Form of oath or affirmation to jurors S

14.3.—(1) Where the clerk of court administers the oath to the jury in terms of section 88(6) of the Act of 1995 (administration of oath in common form), he shall do so in accordance with the form in Form 14.3-A.

(2) In the case of any juror who elects to affirm, the clerk of court shall administer the affirmation in accordance with the form in Form 14.3-B.

(3) The oath or the affirmation administered in accordance with paragraph (1) or (2), as the case may be, shall be treated as having been administered for the purposes of section 88(6) of the Act of 1995.

Commencement Information

I47 Sch. 2 rule 14.3 in force at 1.4.1996, see para. 1(1)

Jurors chosen for one trial may continue to serve S

14.4.—(1) Where the conditions in section 88(4) of the Act of 1995 (circumstances in which jurors for one trial may serve on another) are met, and subject to paragraph (2) of this rule, the clerk of court shall at the commencement of the first trial engross the names and addresses of the jurors in the record of proceedings; and in the record of proceedings of the subsequent trial it shall be sufficient to mention—

(a) that the jurors who served on the preceding trial also served on the assize of the accused then under trial; and

(b) that no objection was made to the contrary.

(2) The jurors referred to in paragraph (1) shall be sworn together in the presence of the accused in the subsequent trial.

Commencement Information

I48 Sch. 2 rule 14.4 in force at 1.4.1996, see para. 1(1)

Form of oath or affirmation to witnesses S

14.5.—(1) Where the judge administers the oath to a witness, he shall do so in accordance with the form in Form 14.5-A.

(2) In the case of any witness who elects to affirm, the judge shall administer the affirmation in accordance with the form in Form 14.5-B.

(3) The oath or affirmation administered in accordance with paragraph (1) or (2), as the case may be, shall be treated as having been administered in common form.

Commencement Information

I49 Sch. 2 rule 14.5 in force at 1.4.1996, see para. 1(1)

Sheriff’s notes of evidence S

14.6.  The sheriff who has presided at a trial on solemn procedure shall duly authenticate and preserve the notes of the evidence taken by him in the trial and, if called upon to do so by the High Court, shall produce them, or a certified copy of them, to the High Court.

Commencement Information

I50 Sch. 2 rule 14.6 in force at 1.4.1996, see para. 1(1)

Form of record of proceedings S

14.7.  Where the proceedings at a trial are recorded, the entry in the record of proceedings shall be signed by the clerk of court and shall be in the form in Form 14.7.

Commencement Information

I51 Sch. 2 rule 14.7 in force at 1.4.1996, see para. 1(1)

Interruption of trial for other proceedings S

14.8.—(1) Where a trial is interrupted under section 102 of the Act of 1995 (interruption of trial for other proceedings), a minute of continuation of the diet of the interrupted trial shall be entered in the record of proceedings.

(2) Where a trial is interrupted under section 102 of the Act of 1995, the trial shall be continued to a time later on the same day or to such other time as may be specified in the minute of proceedings.

Commencement Information

I52 Sch. 2 rule 14.8 in force at 1.4.1996, see para. 1(1)

Interruption of proceedings for conviction or sentence S

14.9.—(1) On conviction of an accused in solemn proceedings, the presiding judge may, without adjourning those proceedings, interrupt them by—

(a) considering a conviction against that accused in other proceedings pending before that court for which he has not been sentenced; or

(b) passing sentence on that accused in respect of the conviction in those other proceedings.

(2) Where the judge has interrupted any proceedings under paragraph (1), he may, in passing sentence on an accused person in respect of a conviction in those proceedings, at the same time pass sentence on that person in respect of any other conviction he has considered.

(3) No interruption of any proceedings under paragraph (1) shall cause the instance to fall in respect of any person accused in those proceedings or shall otherwise affect the validity of those proceedings.

Commencement Information

I53 Sch. 2 rule 14.9 in force at 1.4.1996, see para. 1(1)

Issue of extract convictions S

14.10.—(1) Subject to the following paragraphs, no extract of a conviction shall be issued during the period of four weeks after the day on which the conviction took place.

(2) An extract of a conviction may be issued at any time where it is required as a warrant for the detention of the person convicted under any sentence which shall have been pronounced against him.

(3) In the event of—

(a) an appeal under section 108 (Lord Advocate’s appeal against sentence) [F41 or section 210F(3) (prosecutor’s appeal against refusal to make an order for lifelong restriction)],

(b) an intimation of intention to appeal under section 109(1), or

(c) a note of appeal under section 110 in respect of an appeal under section 106(1)(b) (appeal against sentence passed on conviction),

of the Act of 1995 being lodged, no extract of a conviction shall be issued until such appeal, if it is proceeded with, is determined.

(4) Where an accused is convicted on indictment in the sheriff court of any crime or offence and an extract of that conviction is subsequently required in evidence, such extract shall be issued at any time by the clerk of the court having the custody of the record copy of the indictment although the plea of the accused may have been taken and the sentence on him pronounced in another court.

Textual Amendments

F41 Words in Sch. 2 rule 14.10(3)(a) inserted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(2)

Commencement Information

I54 Sch. 2 rule 14.10 in force at 1.4.1996, see para. 1(1)

CHAPTER 15 S APPEALS FROM SOLEMN PROCEEDINGS

Register and lists of appeals S

15.1.—(1) The Clerk of Justiciary shall keep a register, in such form as he thinks fit, of all cases in which he receives intimation of intention to appeal or, in the case of an appeal under section 106 (right of appeal) [F42 , section 108 (Lord Advocate’s appeal against sentence) or section 210F(3) (prosecutor’s appeal against refusal to make an order for lifelong restriction)] of the Act of 1995, a note of appeal under section 110 of that Act.

(2) The register kept under paragraph (1) shall be open for public inspection at such place and at such hours as the Clerk of Justiciary, subject to the approval of the Lord Justice General, considers convenient.

(3) The Clerk of Justiciary shall—

(a) prepare from time to time, a list of appeals to be dealt with by the High Court; and

(b) cause such list to be published in such manner as, subject to the approval of the Lord Justice General, he considers convenient for giving due notice to persons having an interest in the hearing of such appeals by the High Court.

[F43 (4) Subject to paragraph (5), the Clerk of Justiciary shall give the respective solicitors representing parties to an appeal so listed at least 14 days notice of the date fixed for the hearing of the appeal.

(5) In an appeal under sections 106(1)(b) to (e) [F44 , 108(1) or 210F(3)] of the Act of 1995, the period of notice mentioned in paragraph (4) shall be 42 days.]

Textual Amendments

F42 Words in Sch. 2 rule 15.1(1) substituted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(3)(a)

F43 Sch. 2 rule 15.1(4)(5) inserted (1.9.2003) by Act of Adjournal (Criminal Appeals) 2003 (S.S.I. 2003/387), paras. 1(1), 3(2)(a) (with para. 4)

F44 Words in Sch. 2 rule 15.1(5) substituted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(3)(b)

Commencement Information

I55 Sch. 2 rule 15.1 in force at 1.4.1996, see para. 1(1)

Forms of appeal S

15.2.—(1) Any intimation under section 109(1) of the Act of 1995 (written intimation of intention to appeal) shall be in Form 15.2-A.

(2) A note under section 110(1) of the Act of 1995 (written note of appeal) shall be in Form 15.2-B.

(3) An application under section 111(2) of the Act of 1995 (application to extend time) shall be made in Form 15.2-C.

(4) An application under section 112(1) of the Act of 1995 (application of appellant for bail) shall be made in Form 15.2-D.

(5) The following documents shall be signed by the appellant or by his counsel or solicitor:—

(a) an intimation of intention to appeal under section 109(1) of the Act of 1995 except where the appellant is the Lord Advocate; [F45 or]

(b) an application under section 111(2) of the Act of 1995 (application to extend time); F46 ...

F47 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F48 (5A) The note of appeal shall be signed by—

(a) the counsel or solicitor advocate who has drafted it; or

(b) the appellant where the appellant has drafted it and intends to conduct the appeal himself.]

(6) An appeal under section 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1993(7) (appeals in respect of decisions relating to supervised release orders) shall be in Form 15.2-B.

Textual Amendments

F45 Word in Sch. 2 rule 15.2(5)(a) inserted (23.9.2002) by Act of Adjournal (Criminal Appeals) 2002 (S.S.I. 2002/387), paras. 1(2), 3(2)(a)(i)

F46 Word in Sch. 2 rule 15.2(5)(b) omitted (23.9.2002) by virtue of Act of Adjournal (Criminal Appeals) 2002 (S.S.I. 2002/387), paras. 1(2), 3(2)(a)(ii)

F47 Sch. 2 rule 15.2(5)(c) omitted (23.9.2002) by virtue of Act of Adjournal (Criminal Appeals) 2002 (S.S.I. 2002/387), paras. 1(2), 3(2)(a)(iii)

F48 Sch. 2 rule 15.2(5A) inserted (23.9.2002) by Act of Adjournal (Criminal Appeals) 2002 (S.S.I. 2002/387), paras. 1(2), 3(2)(b)

Commencement Information

I56 Sch. 2 rule 15.2 in force at 1.4.1996, see para. 1(1)

Appeals against refusal of applications heard by single judge S

15.3.—(1) Where an application has been dealt with by a single judge of the High Court by virtue of section 103(5) of the Act of 1995 (powers exercisable by single judge), the Clerk of Justiciary shall notify the decision to the applicant in Form 15.3-A.

(2) In the event of such judge refusing any such application, the Clerk of Justiciary on notifying such refusal to the applicant shall forward to him a form in Form 15.3-B to complete and return forthwith if he desires to have his application determined by the High Court as constituted for the hearing of appeals under Part VIII of the Act of 1995 (appeals from solemn proceedings).

Commencement Information

I57 Sch. 2 rule 15.3 in force at 1.4.1996, see para. 1(1)

Extension of time by Clerk of Justiciary S

15.4.  Where, under section 110(2) of the Act of 1995, the Clerk of Justiciary extends the period for lodging a note of appeal, the period of any such extension shall be recorded on the completed form of intimation of intention to appeal.

Commencement Information

I58 Sch. 2 rule 15.4 in force at 1.4.1996, see para. 1(1)

Intimation of appeal against sentence of death S

15.5.  The Clerk of Justiciary shall intimate an appeal against a conviction in respect of which sentence of death has been pronounced, and the determination in any such appeal, immediately on such intimation or determination, as the case may be, to—

(a) the Secretary of State for Scotland; and

(b) the governor of the prison in which the appellant is detained.

Commencement Information

I59 Sch. 2 rule 15.5 in force at 1.4.1996, see para. 1(1)

[F49 Procedural hearing S

15.5A— (1) In any appeal against conviction or conviction and sentence, the Clerk of Justiciary may fix a procedural hearing for the purposes of determining whether the parties are ready to proceed to a hearing of the appeal.

(2) The procedural hearing shall be heard by a judge of the High Court and, where the appellant is an individual and is represented, may be held in his absence.

(3) The Clerk of Justiciary shall intimate to the parties in Form 15.5A-A the date of the procedural hearing fixed under paragraph (1), not later than twenty-one days before that date.

(4) Not later than seven days before the date of the procedural hearing, the appellant shall complete and lodge a notice in Form 15.5A-B with the Clerk of Justiciary and send a copy to the respondent. The said notice shall be signed by the counsel or solicitor advocate representing the appellant in the appeal, or by the appellant where the appellant intends to conduct the appeal himself.

(5) Where the appellant has lodged a notice in accordance with paragraph (4), the Clerk of Justiciary, having considered the terms of the said notice and any representations made to him by the respondent, may determine that it is unnecessary to proceed with the procedural hearing and, if he so determines, shall intimate this to the parties not less than forty-eight hours before the date of the procedural hearing.

(6) Not later than seven days after the last day of the appeal court sitting during which

(a) the procedural hearing at which it has been determined that the appeal is ready to proceed has been heard; or

(b) the procedural hearing was due to be heard but in respect of which the Clerk of Justiciary has made a determination in terms of paragraph (5),

the Clerk of Justiciary shall fix and intimate to the parties the date when the appeal is to be heard.

(7) Not later than seven days before the date of the appeal hearing, the appellant shall submit a list of the authorities upon which he intends to rely with references to the relevant passages and shall send a copy to the respondent.]

Textual Amendments

F49 Sch. 2 rule 15.5A inserted (26.8.2002) by Act of Adjournal (Criminal Appeals) 2002 (S.S.I. 2002/387), paras. 1(2), 3(3)

Abandonment of appeals S

15.6.  A notice of abandonment under section 116(1) of the Act of 1995 (abandonment of appeal) shall be in Form 15.6.

Commencement Information

I60 Sch. 2 rule 15.6 in force at 1.4.1996, see para. 1(1)

Note of proceedings at trial S

15.7.  In an appeal under section 106(1) of the Act of 1995 (right of appeal), the High Court may require the judge who presided at the trial to produce any notes taken by him of the proceedings at the trial.

Commencement Information

I61 Sch. 2 rule 15.7 in force at 1.4.1996, see para. 1(1)

Clerk to give notice of date of hearing S

15.8.—(1) Where the High Court fixes the date for the hearing of an appeal or of an application under section 111(2) of the Act of 1995 (application to extend time), the Clerk of Justiciary shall give notice to the Crown Agent and to the solicitor of the convicted person, or to the convicted person himself if he has no known solicitor; and the appellant or applicant shall, within seven days before the hearing, lodge three copies (typed or printed) of the appeal or application for the use of the court.

(2) Where the powers of the court are to be exercised by a single judge under section 103(5) of the Act of 1995 (powers exerciseable by single judge), a copy of the application to be determined shall be lodged for the use of the judge.

(3) A notice by the Clerk of Justiciary to the Secretary of State for the purposes of section 117(4) of the Act of 1995 (notice that appellant or applicant be present at a diet) shall be in Form 15.8.

Commencement Information

I62 Sch. 2 rule 15.8 in force at 1.4.1996, see para. 1(1)

Continuation of hearings S

15.9.—(1) The High Court, or any single judge exercising the powers of the High Court under section 103(5) of the Act of 1995 (powers exerciseable by single judge), may continue the hearing of any appeal or application to a date, fixed or not fixed.

(2) Any judge of the High Court, or the person appointed by the court to take additional evidence, may fix any diet or proof necessary for that purpose.

Commencement Information

I63 Sch. 2 rule 15.9 in force at 1.4.1996, see para. 1(1)

Note to be kept of appeal S

15.10.—(1) The Clerk of Justiciary shall, in all cases of appeal from a conviction obtained or sentence pronounced in the High Court, note on the margin of the record of the trial the fact of an appeal having been taken and the result of the appeal.

(2) In the case of an appeal taken against any conviction obtained or sentence pronounced in the sheriff court on indictment, the Clerk of Justiciary shall notify the clerk of that court of the result of the appeal; and it shall be the duty of the clerk of that court to enter on the margin of the record of the trial a note of such result.

Commencement Information

I64 Sch. 2 rule 15.10 in force at 1.4.1996, see para. 1(1)

Suspension of disqualification from driving pending appeal S

15.11.—(1) Where a person who has been disqualified from holding or obtaining a driving licence following a conviction on indictment appeals against that disqualification to the High Court, any application to suspend that disqualification pending the hearing of the appeal shall be made—

(a) if the sentencing court was the sheriff, by application to the sheriff; or

(b) if the sentencing court was the High Court, or if an application to the sheriff under sub-paragraph (a) has been refused, by petition to the High Court.

(2) An application to the sheriff under paragraph (1)(a) shall be—

(a) in Form 15.11-A, and

(b) lodged with the sheriff clerk with a copy of the note of appeal endorsed with the receipt of the Clerk of Justiciary;

and the sheriff clerk shall record the order made by the sheriff on the application in the minute of proceedings.

(3) A petition to the High Court under paragraph (1)(b) shall be—

(a) in Form 15.11-B; and

(b) lodged with the Clerk of Justiciary.

Commencement Information

I65 Sch. 2 rule 15.11 in force at 1.4.1996, see para. 1(1)

Provisions supplemental to rule 15.11(3) S

15.12.—(1) The petitioner or his solicitor shall, on lodging a petition under rule 15.11(3), send a copy of it to—

(a) the Crown Agent; and

(b) if the sentencing court was the sheriff, the clerk of that court.

(2) The High Court may order such further intimation (including intimation to the Lord Advocate) as it thinks fit, and may dispose of the application in open court or in chambers.

(3) An order made by a single judge under paragraph (2) shall not be subject to review.

(4) On an order being made on a petition under rule 15.11(3), the Clerk of Justiciary shall, if the sentencing court was the sheriff, send a certified copy of the order to the clerk of that court.

(5) Where the order referred to in paragraph (4) suspends a disqualification from driving, the Clerk of Justiciary shall also send a certified copy of the order to the Secretary of State with such further information as the Secretary of State may require.

(6) The Clerk of Justiciary shall, on determination of the appeal against a disqualification from driving—

(a) if the sentencing court was the sheriff, send the clerk of that court a certified copy of the order determining the appeal and the clerk of that court shall, if appropriate, make the appropriate endorsement on the appellant’s driving licence and intimate the disqualification to the persons concerned; or

(b) if the appeal against the disqualification is refused, make the appropriate endorsement on the appellant’s driving licence and intimate the disqualification to the persons concerned.

(7) Where leave to appeal has been refused under section 107 of the Act of 1995,“determination” in paragraph (6) of this rule means—

(a) the fifteenth day after the date of intimation to the appellant or his solicitor of refusal of leave under subsection (1)(b) of that section, unless the appellant applies to the High Court for leave to appeal; or

(b) the day two days after the date of intimation to the appellant or his solicitor of the refusal of leave by the High Court under subsection (5)(b) of that section.

Commencement Information

I66 Sch. 2 rule 15.12 in force at 1.4.1996, see para. 1(1)

[F50 Suspension of sentence under s.121A of the Act of 1995 S

15.12A   –

(1) Where under section 109(1) of the Act of 1995 a person lodges intimation of intention to appeal, any application for suspension of a relevant sentence under section 121A of that Act shall be made by petition to the High Court in Form 15.12A-A.

(2) Where a convicted person or the prosecutor lodges a note of appeal in respect of an appeal under section 106(1)(b) to (e) or 108 of the Act of 1995, as the case may be, any application for suspension of a relevant sentence under section 121A of that Act shall be made by petition to the High Court in Form 15.12A-B.

(3) A petition to the High Court under paragraph (1) or (2) shall be lodged with the Clerk of Justiciary.

(4) The court shall grant or refuse any application under paragraph (1) or (2) within 7 days of the petition having been lodged as mentioned in paragraph (3).

(5) Where the court grants an application under paragraph (1) or (2) the Clerk of Justiciary shall, if the sentencing court was the sheriff, send a certified copy of the order to the clerk of that court.

(6) In any case where—

(a) intimation of intention to appeal is lodged under section 109(1) of the Act of 1995; and

(b) a relevant sentence is suspended under section 121A of that Act,

but no note of appeal is lodged under section 110 of that Act, the order suspending ad interim the relevant sentence shall be recalled with effect from the seventh day after the date on which the Clerk of Justiciary intimates that the appeal is deemed to have been abandoned.

(7) In the application of section 121A of the Act of 1995 (suspension of certain sentences pending appeal) to a case in which leave to appeal has been refused under section 107 of that Act, the word “determined” in subsection (1) of the said section 121A shall be construed as meaning—

(a) the fifteenth day after the date of intimation to the appellant or his solicitor and to the Crown Agent of refusal of leave under subsection (1)(b) of section 107 of that Act, unless the appellant applies to the High Court for leave to appeal; or

(b) the seventh day after the date of intimation to the appellant or his solicitor and to the Crown Agent of the refusal of leave by the High Court under subsection (5)(b) of section 107 of that Act.]

Textual Amendments

F50 Sch. 2 rule 15.12A inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(2)

Suspension of disqualification etc. under section 121 of the Act of 1995 S

15.13.  In the application of section 121 of the Act of 1995 (suspension of disqualification, forfeiture, etc.) to a case in which leave to appeal has been refused under section 107 of the Act of 1995, the word“determined” in subsections (1) and (2) of section 121 of that Act shall be construed as meaning—

(a) the fifteenth day after the date of intimation to the appellant or his solicitor of refusal of leave under subsection (1)(b) of section 107 of that Act, unless the appellant applies to the High Court for leave to appeal; or

(b) the day [F51 seven] days after the date of intimation to the appellant or his solicitor of the refusal of leave by the High Court under subsection (5)(b) of section 107 of that Act.

Textual Amendments

F51 Word in Sch. 2 rule 15.13(b) substituted (11.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1997 (S.I. 1997/1788), paras. 1(1), 2(2) (with para. 3)

Commencement Information

I67 Sch. 2 rule 15.13 in force at 1.4.1996, see para. 1(1)

[F52 Remits in applications for leave to appeal S

15.14.   The judge of the High Court considering an application for leave to appeal under section 107 of the Act of 1995 may, before deciding to grant or refuse leave, remit the case to the judge who presided at the trial for a supplementary report to be produced to him as soon as is reasonably practicable on any matter with respect to the grounds of appeal.]

Textual Amendments

F52 Sch. 2 rule 15.14 inserted (9.9.1996) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 1996 (S.I. 1996/2147), paras. 1(1), 2(3)

[F53 Amended grounds of appeal S

15.15.— (1) On cause shown, the High Court may grant leave to an appellant to amend the grounds of appeal contained in the note of appeal.

(2) Where the High Court has granted leave to amend the grounds of appeal under paragraph (1), it may order—

(a) that the Clerk of Justiciary shall send a copy of the amended note of appeal to the judge who presided at the trial; and

(b) that as soon as is reasonably practicable after receiving a copy of the amended note of appeal, the judge who presided at the trial shall provide the Clerk of Justiciary with a written report on the amended grounds of appeal.

(3) Section 113(2) to (4) of the Act of 1995 (judge’s report) shall apply to a report on the amended grounds of appeal ordered under paragraph (2) as it applies to a report under subsection (1) of that section.

(4) Where the High Court grants leave to amend under paragraph (1), section 107 of the Act of 1995 shall apply, unless the Court otherwise directs, for the purposes of obtaining leave to appeal for the amended grounds of appeal as it applied for the purposes of the original grounds of appeal and, for the references in subsection (2)(a) and (c) of that section to the note of appeal and the trial judge’s report, there shall be substituted references to the amended grounds of appeal contained in the amended note of appeal and the trial judge’s report, if any, on the amended grounds of appeal, respectively.]

Textual Amendments

F53 Sch. 2 rule 15.15 inserted (26.8.2002) by Act of Adjournal (Criminal Appeals) 2002 (S.S.I. 2002/387), paras. 1(2), 3(4)

[F54 Presentation of solem sentence appeal in writing. S

15.16.— (1) This rule applies to an appeal under sections 106(1)(b) to (e) [F55 , 108(1) or 210F(3)] of the Act of 1995 listed in terms of rule 15.1(3) (register and lists of appeals).

(2) In an appeal to which paragraph (1) applies, the appellant shall present his case in writing.

(3) The solicitor for the appellant or, if unrepresented, the appellant shall—

(a) not later than 21 days before the date assigned for the appeal court hearing, lodge a case and argument in Form 15.16;

(b) lodge with the case and argument all documents, or a copy thereof, referred to or founded upon in the case and argument and not already lodged; and

(c) at the same time as he lodges the case and argument referred to in sub-paragraph (a) and the supporting documents referred to in sub-paragraph (b), send a copy to the Crown or, where the Crown is the appellant, to the respondent.

(4) The case and argument referred to in paragraph (3) shall be signed by counsel or the solicitor advocate representing the appellant in the appeal, or by the appellant where the appellant intends to conduct the appeal himself.

(5) At the hearing of the appeal—

(a) the case and argument and supporting documents referred to in paragraph (3) shall constitute the submissions of the appellant;

(b) unless it otherwise directs, the Court will expect the appellant to rely upon the case and argument without reading it over to the Court; and

(c) the appellant may make supplementary comments to the case and argument; and shall answer any points raised by the Court.

(6) On cause shown, the Court may permit the appellant to introduce new information that has come to light in the period since the case and argument was lodged.

(7) Where the Court permits the introduction of new information, it may at its discretion permit the lodging of additional documents in support of the new information.

(8) A party who wishes to introduce new information and lodge additional documents shall send a copy of the information and documents to the Clerk of Justiciary as soon as the information and documents come into the appellant’s possession.

(9) A party who has sent new information and documents to the Clerk of Justiciary shall make application at the bar to allow it to be introduced or lodged, as the case may be.

(10) Where the documents referred to in paragraph (3) are not lodged timeously, the Deputy Principal Clerk of Justiciary shall refer the matter to the Lord Justice-General, whom failing the Lord Justice-Clerk, for such action as the Lord Justice-General or Lord Justice-Clerk, as the case may be, considers appropriate.]

Textual Amendments

F54 Sch. 2 rule 15.16 inserted (1.9.2003) by Act of Adjournal (Criminal Appeals) 2003 (S.S.I. 2003/387), paras. 1(1), 3(2)(b) (with para. 4)

F55 Words in Sch. 2 rule 15.16(1) substituted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(4)

PART IV S Summary proceedings

CHAPTER 16 S COMPLAINTS

Form of complaints and related notices and forms S

16.1.—(1) The form of complaint referred to in section 138(1) of the Act of 1995 shall be in Form 16.1-A.

(2) The form of citation of an accused referred to in section 140(2) [F56 and (2A)] of the Act of 1995 shall be in Form 16.1-B.

[F57 (2A) The notice to be affixed to the door of the dwelling-house or place of business of an accused for the purposes of section 141(2A) of the Act of 1995 (citation of accused by affixing a notice) shall be in Form 16.1-BB.]

(3) The procurator fiscal shall send to the accused with the citation in Form 16.1-B—

(a) a reply form in Form 16.1-C for completion and return by him stating whether he pleads guilty or not guilty; and

(b) a means form in Form 16.1-D for completion and return by him.

[F58 (3A) The form of notice referred to in section 146(3A) of the Act of 1995 shall be in Form 16.1-BA.]

(4) The form of notice of previous convictions to be served on an accused under section 166(2) of the Act of 1995 shall be in Form 16.1-E.

Textual Amendments

F56 Words in Sch. 2 rule 16.1(2) inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), paras. 1(1), 2(8)(a)

F57 Sch. 2 rule 16.1(2A) inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(8)

F58 Sch. 2 rule 16.1(3A) inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), paras. 1(1), 2(8)(b)

Commencement Information

I68 Sch. 2 rule 16.1 in force at 1.4.1996, see para. 1(1)

Signature of prosecutor S

16.2.—(1) The prosecutor shall sign the principal complaint and the citation to the accused.

(2) Any document sent with the citation to the accused including the copy complaint shall, for the purposes of such signature, be treated as part of the citation.

Commencement Information

I69 Sch. 2 rule 16.2 in force at 1.4.1996, see para. 1(1)

Effect of failure by prosecutor to comply with certain requirements S

16.3.  The validity of any proceedings against an accused shall not be affected by reason only of the failure of the prosecutor to comply in any respect with a requirement of rule 16.1(3) (reply and means forms).

Commencement Information

I70 Sch. 2 rule 16.3 in force at 1.4.1996, see para. 1(1)

Further procedural forms S

16.4.—(1) The form of incidental application referred to in section 134 of the Act of 1995 (incidental applications) shall be in Form 16.4-A.

(2) The form of assignation of a diet shall be in Form 16.4-B.

(3) The form of minutes in the record of proceedings in summary proceedings shall be in Form 16.4-C.

Commencement Information

I71 Sch. 2 rule 16.4 in force at 1.4.1996, see para. 1(1)

[F59 Incidental applications out of hours S

16.4A.— (1) Where the prosecutor makes an incidental application in Form 16.4–A when the office of the prosecutor is closed, the application shall not require to be signed by the prosecutor but shall state the name of the prosecutor.

(2) The oath of a police officer shall be sufficient to authenticate the application as being an application by the prosecutor named on the application.]

Textual Amendments

F59 Sch. 2 rule 16.4A inserted (31.3.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2005 (S.S.I. 2005/160), paras. 1(1), 2(3)

Form of certain warrants S

16.5.—(1) The form of warrant referred to in section 135 of the Act of 1995 (warrants of apprehension and search)—

(a) to apprehend an accused shall be in Form 16.5-A;

(b) to search the person, dwelling house and repositories of the accused shall be in Form 16.5-B.

(2) The form of order adjourning a diet and granting warrant to detain an accused shall be in Form 16.5-C.

Commencement Information

I72 Sch. 2 rule 16.5 in force at 1.4.1996, see para. 1(1)

Citation of witnesses S

16.6.—(1) The form of postal citation of a person to appear as a witness at a trial on a summary complaint shall be in Form 16.6-A; and the witness shall complete and return Form 16.6-B to the procurator fiscal, or the accused or his solicitor, as the case may be, in the pre-paid envelope provided within 14 days after the date of citation.

(2) The form of personal citation of a witness at a trial on a summary complaint shall be in Form 16.6-C.

[F60 (3) In the case of a postal citation in Form 16.6-A by the prosecutor under section 141 of the Act of 1995, the citation may be signed by the prosecutor by use of an official stamp of his signature or by mechanical or electronic means.]

Textual Amendments

F60 Sch. 2 rule 16.6(3) inserted (9.9.1996) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 1996 (S.I. 1996/2147), paras. 1(1), 2(4)

Commencement Information

I73 Sch. 2 rule 16.6 in force at 1.4.1996, see para. 1(1)

Applications for alteration of diets S

16.7.—(1) Where the prosecutor and the accused propose to make a joint application orally to the court under section 137(2) of the Act of 1995 (application for alteration of diet) for postponement of a diet that has been fixed, they may do so only at a diet which has been duly assigned and which has been called.

(2) An application by an accused under section 137(5) of the Act of 1995 (application to postpone or accelerate diet) shall be made in Form 16.7.

Commencement Information

I74 Sch. 2 rule 16.7 in force at 1.4.1996, see para. 1(1)

CHAPTER 17 S SUMMARY PRE-TRIAL PROCEDURE

Appeals against extension of period of detention S

17.1.—(1) A note of appeal presented to the High Court under section 147(3) of the Act of 1995 (appeal against grant or refusal of extension of 40 days detention) shall be made in Form 17.1.

(2) Such a note of appeal shall be served by the appellant on—

(a) the respondent; and

(b) the clerk of the court against the decision of which the appeal is taken.

(3) The appellant in such a note of appeal shall lodge with the Clerk of Justiciary—

(a) the note of appeal; and

(b) the certificate of execution of service in respect of the persons mentioned in paragraph (2).

(4) The clerk of the court against the decision of which the appeal is taken shall, as soon as practicable after being served with the note of appeal, transmit to the Clerk of Justiciary the original application and all the relative documents; and the Clerk of Justiciary shall, on receipt of those documents, assign the appeal to the roll and intimate the date of the diet to the appellant and the respondent.

(5) The Clerk of Justiciary shall intimate the result of the appeal to the court against the decision of which the appeal was taken and to the governor of the institution in which the appellant is detained.

Commencement Information

I75 Sch. 2 rule 17.1 in force at 1.4.1996, see para. 1(1)

CHAPTER 18 S PROCEDURE AT TRIAL IN SUMMARY PROCEEDINGS

Accused to plead personally and to receive intimation of diets S

18.1.—(1) Subject to paragraph (2), in any summary proceedings where a person accused in those proceedings is present in court, that person shall personally plead to the charge against him whether or not he is represented.

(2) Where the judge is satisfied that the accused is not capable for any reason of pleading personally to the charge against him, it shall be sufficient if the plea is tendered by a solicitor or by counsel on his behalf.

(3) Where an accused is not represented or not personally present and a court continues a diet without taking a plea from the accused, the prosecutor shall intimate the continuation and the date of the adjourned diet to the accused.

(4) Subject to section 150(2) of the Act of 1995 (adjournment to another diet), where an accused is not represented or not personally present, on the fixing of—

(a) a diet of trial,

(b) a diet after conviction, or

(c) any diet after a plea from the accused has been recorded,

the sheriff clerk or clerk of the district court shall intimate the diet to the accused.

(5) Where the accused pleads guilty to the charge or to any part of it, and his plea is accepted by the prosecutor, the plea shall be recorded and signed by the judge or clerk of court, and the court shall thereafter dispose of the case at the same or any adjourned diet.

(6) The plea referred to in paragraph (5) and any sentence may be combined, in which case one signature shall be sufficient to authenticate both.

Commencement Information

I76 Sch. 2 rule 18.1 in force at 1.4.1996, see para. 1(1)

Form of oath or affirmation to witnesses S

18.2.—(1) Where the judge administers the oath to a witness in summary proceedings, he shall do so in accordance with the form in Form 14.5-A.

(2) In the case of any witness who elects to affirm, the judge shall administer the affirmation in accordance with the form in Form 14.5-B.

(3) The oath or the affirmation administered in accordance with paragraph (1) or (2), as the case may be, shall be treated as having been administered in common form.

Commencement Information

I77 Sch. 2 rule 18.2 in force at 1.4.1996, see para. 1(1)

Warrant to apprehend witness who fails to appear S

18.3.  The form of warrant to apprehend a witness who has failed to appear at a diet in summary proceedings in answer to a citation shall be in Form 18.3.

Commencement Information

I78 Sch. 2 rule 18.3 in force at 1.4.1996, see para. 1(1)

Record of proceedings to be written or printed S

18.4.—(1) The record of proceedings in summary proceedings may be in writing or printed, or may be partly written and partly printed.

(2) All forms of minute of proceedings or orders of the court may be on the same sheet of paper as the complaint or on a separate sheet attached to it.

[F61 (3) Where the record of proceedings or minute of proceedings or orders of the Court referred to in paragraph (1) or (2) are for whatever reason unavailable to the Court, it shall be competent for the Court to proceed with a copy certified as a true copy by the clerk of court.]

Textual Amendments

F61 Sch. 2 rule 18.4(3) inserted (3.2.1997) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) 1997 (S.I. 1997/63), paras. 1(1), 2(2)

Commencement Information

I79 Sch. 2 rule 18.4 in force at 1.4.1996, see para. 1(1)

Interruption of proceedings after conviction S

18.5.—(1) On conviction of an accused in summary proceedings, the judge may, without adjourning those proceedings, interrupt them by—

(a) considering a conviction against that person in other proceedings pending before that court for which he has not been sentenced; or

(b) passing sentence on that person in respect of the conviction in those other proceedings.

(2) When the judge has interrupted any proceedings under paragraph (1), he may, in passing sentence on an accused person in respect of a conviction in those proceedings, at the same time pass sentence on that person in respect of any other conviction he has considered.

(3) No interruption of any proceedings under paragraph (1) shall cause the instance to fall in respect of any person accused in those proceedings or shall otherwise affect the validity of those proceedings.

Commencement Information

I80 Sch. 2 rule 18.5 in force at 1.4.1996, see para. 1(1)

Detention in precincts of court S

18.6.  An order under section 169(1) of the Act of 1995 (detention in precincts of court) shall be in Form 18.6.

Commencement Information

I81 Sch. 2 rule 18.6 in force at 1.4.1996, see para. 1(1)

CHAPTER 19 S APPEALS FROM SUMMARY PROCEEDINGS

Appeals relating to preliminary pleas S

19.1.—(1) If—

(a) an accused states an objection to the competency or relevancy of a complaint or the proceedings, and

(b) that objection is repelled,

he may apply for leave to appeal against that decision under section 174(1) of the Act of 1995 (appeals relating to preliminary pleas) only after stating how he pleads to the charge or charges set out in the complaint.

(2) Subject to paragraph (1), the accused shall apply for leave to appeal against any decision to which that paragraph applies; and the court which made the decision shall determine that application immediately following the decision in question.

(3) Where the court grants the application, the clerk of court shall enter in the minute of proceedings—

(a) details of the decision in question; and

(b) the granting of leave to appeal against it.

(4) An appeal to which this rule applies shall be made by note of appeal in Form 19.1-A.

(5) The note of appeal shall be lodged with the clerk of the court which granted leave to appeal not later than two days after the decision appealed against.

(6) The clerk of court shall, on the lodging of the note of appeal with him—

(a) send a copy to the respondent or his solicitor;

(b) request a report from the presiding judge; and

(c) transmit—

(i) the note of appeal,

(ii) two certified copies of the complaint and the minutes of proceedings, and

(iii) any other relevant documents,

to the Clerk of Justiciary.

(7) The presiding judge shall, as soon as possible after receiving a request for a report, send his report to the Clerk of Justiciary who shall send a copy to the appellant and respondent or their solicitors.

(8) The Clerk of Justiciary shall arrange for the High Court to hear the appeal as soon as possible, and shall cause to be copied any documents necessary for the High Court.

(9) Where the High Court makes any order postponing the trial diet under section 174(2) of the Act of 1995, or makes any such order and gives a direction under that section, the Clerk of Justiciary shall send a copy of that order and any direction to—

(a) the appropriate clerk of court;

(b) any accused who are not parties to the appeal or to their solicitors; and

(c) the governor of any institution in which any accused is detained.

(10) Any such appeal may be abandoned at any time prior to the hearing of the appeal.

(11) Where an appeal is abandoned, a minute of abandonment in Form 19.1-B shall be lodged with the Clerk of Justiciary.

(12) On the lodging of a minute of abandonment under paragraph (11), the Clerk of Justiciary shall inform the appropriate clerk of court and the respondent or his solicitor that the appeal has been abandoned.

Commencement Information

I82 Sch. 2 rule 19.1 in force at 1.4.1996, see para. 1(1)

Forms for appeals by stated case S

19.2.—(1) An application under section 176(1) of the Act of 1995 (stated case: manner and time of appeal) shall be in Form 19.2-A.

(2) A stated case shall be in Form 19.2-B.

(3) The form of minutes of procedure in an appeal by stated case shall be in Form 19.2-C.

Commencement Information

I83 Sch. 2 rule 19.2 in force at 1.4.1996, see para. 1(1)

Forms for appeals against sentence only S

19.3.—(1) A note of appeal under section 186(1) of the Act of 1995 (appeals against sentence only) shall be in Form 19.3-A.

(2) The form of minutes of procedure in an appeal under section 186(1) of the Act of 1995 shall be in Form 19.3-B.

Commencement Information

I84 Sch. 2 rule 19.3 in force at 1.4.1996, see para. 1(1)

Extension of time for appeals S

19.4.—(1) An extension of time by the sheriff principal under section 186(5) (extension of time in appeal against sentence only), or section 194(2) (extension of time for stated case), of the Act of 1995 shall be in Form 19.4.

(2) Where, by virtue of subsection (8) of section 186 of the Act of 1995 (application of section 181 where appellant in appeal against sentence only fails to comply with a requirement), the court makes an order extending the period within which the note of appeal shall be lodged under subsection (2) of that section, the periods mentioned in subsections (2) and (4) of that section shall run from the date which is two days after the date on which the court makes that order and not from the date of the passing of the sentence.

Commencement Information

I85 Sch. 2 rule 19.4 in force at 1.4.1996, see para. 1(1)

Abandonment of appeals by stated case S

19.5.  A minute of abandonment of an appeal under section 184(1) of the Act of 1995 (abandonment of stated case before lodging it with the Clerk of Justiciary) shall be in Form 19.5.

Commencement Information

I86 Sch. 2 rule 19.5 in force at 1.4.1996, see para. 1(1)

Abandoning appeals against conviction only S

19.6.—(1) This rule applies for the purpose of section 175(8) of the Act of 1995 (abandoning appeal against conviction and proceeding with appeal against sentence alone).

(2) An application to abandon an appeal under section 175(8) of the Act of 1995 shall be made by minute in Form 19.6 and intimated by the appellant to the respondent.

(3) Subject to paragraph (4), the minute shall be lodged with the clerk of the court which imposed the sentence being appealed against.

(4) Where, before the lodging of the minute, the stated case has been lodged with the Clerk of Justiciary, the minute shall be lodged with the Clerk of Justiciary who shall send a copy of the minute to the clerk of the court which imposed the sentence appealed against.

(5) Where, before the lodging of the minute, copies of the stated case and relative proceedings have been lodged with the Clerk of Justiciary, those copies shall be used for the purposes of the hearing of the appeal against sentence.

(6) On the lodging of the minute, section 186(3) to (9) of the Act of 1995 (provisions relating to appeal against sentence only) shall apply to the stated case as they apply to a note of appeal.

Commencement Information

I87 Sch. 2 rule 19.6 in force at 1.4.1996, see para. 1(1)

Abandonment of appeals against sentence only S

19.7.  A minute of abandonment under section 186(9) of the Act of 1995 (abandonment of appeal against sentence only) shall be in Form 19.7.

Commencement Information

I88 Sch. 2 rule 19.7 in force at 1.4.1996, see para. 1(1)

Intimation of abandonment S

19.8.  The Clerk of Justiciary or clerk of court, as the case may be, on the lodging with him of—

(a) a minute abandoning an appeal under section 184(1) of the Act of 1995 (abandonment of appeal by stated case before lodging of case with the Clerk of Justiciary), or

(b) a minute abandoning an appeal under section 186(9) of the Act of 1995 (abandonment of appeal against sentence only),

shall immediately notify the Crown Agent or the prosecutor, as the case may be, of the lodging of the minute; and the Clerk of Justiciary shall, where the minute is lodged with him, notify immediately the clerk of the appropriate court.

Commencement Information

I89 Sch. 2 rule 19.8 in force at 1.4.1996, see para. 1(1)

Applications for suspension of disqualification from driving in appeals S

19.9.—(1) Where a person who has been disqualified from holding or obtaining a driving licence appeals against that disqualification under section 176(1) of the Act of 1995 by stated case, any application to suspend the disqualification shall be made with the application to the court to state a case for the opinion of the High Court.

(2) On an application being made under paragraph (1) to suspend a disqualification, the court shall grant or refuse to grant the application within seven days of it being made.

(3) Where the court refuses to grant the application and the appellant applies to the High Court to suspend the disqualification, any such application shall be made by note in Form 19.9.

(4) The note shall be lodged by the appellant or his solicitor with the Clerk of Justiciary.

(5) The appellant or his solicitor shall intimate the lodging of the note to the respondent and the clerk of the court which imposed the disqualification.

(6) The clerk shall, on receiving such intimation, forthwith send to the Clerk of Justiciary—

(a) a certified copy of the complaint; and

(b) a certified copy of the minute of proceedings.

(7) The High Court may order such further intimation (including intimation to the Lord Advocate) as it thinks fit, and may dispose of the application in open court or in chambers after such hearing as it thinks fit.

(8) On the High Court making an order on the note, the Clerk of Justiciary shall send a certified copy of the order to the clerk of the court which imposed the disqualification.

(9) Where the order suspends the disqualification, the Clerk of Justiciary shall also send a certified copy of the order to the Secretary of State with such further information as the Secretary of State may require.

(10) An order made by a single judge of the High Court under this rule shall not be subject to appeal or review.

Commencement Information

I90 Sch. 2 rule 19.9 in force at 1.4.1996, see para. 1(1)

Applications for suspension of disqualification from driving in bills of suspension S

19.10.—(1) Where a person who has been disqualified from holding or obtaining a driving licence appeals against that disqualification by bill of suspension, an application to suspend the disqualification shall be made by requesting interim suspension of the disqualification in the prayer of the bill.

(2) Where the court orders interim suspension, that order shall not have effect until—

(a) the bill has been served on the respondent; and

(b) the principal bill and first deliverance on the bill with an execution, or acceptance, of service—

(i) have been shown to the clerk of the sentencing court and he has endorsed a certificate of exhibition; and

(ii) they have been returned to the Clerk of Justiciary by the complainer or his solicitor.

(3) On certifying the bill under paragraph (2), the clerk of the court which imposed the disqualification shall send a certified copy of the complaint and the relative minute of proceedings to the Clerk of Justiciary.

(4) Paragraphs (2), (8), (9) and (10) of rule 19.9 (applications for suspension of disqualification from driving in appeals) apply to this rule as they apply to that rule.

Commencement Information

I91 Sch. 2 rule 19.10 in force at 1.4.1996, see para. 1(1)

[F62 Suspension of sentence under s.193A of the Act of 1995 S

19.10A.— (1) Where a convicted person or the prosecutor appeals to the High Court under section 175 of the Act of 1995, any application to suspend a relevant sentence shall be made with—

(a) the application to the court to state a case for the opinion of the High Court; or

(b) the note of appeal, as the case may be.

(2) On an application being made under paragraph (1) to suspend a sentence the court shall grant or refuse to grant the application within seven days of its being made.

(3) In the application of section 193A of the Act of 1995 (suspension of certain sentences pending appeal) to a case in which leave to appeal has been refused under section 180 or 187 of that Act, the word “determined” in subsection (1) of the said section 193A shall be construed as meaning—

(a) the fifteenth day after the date of intimation to the appellant or his solicitor and to the Crown Agent of refusal of leave under subsection (1)(b) of section 180 or 187 of that Act, as the case may be, unless the appellant applies to the High Court for leave to appeal; or

(b) the seventh day after the date of intimation to the appellant or his solicitor and to the Crown Agent of the refusal of leave by the High Court under subsection (5)(b) of section 180 or subsection (4)(b) of section 187 of that Act, as the case may be.]

Textual Amendments

F62 Sch. 2 rule 19.10A inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(3)

Solicitor entering appearance etc. S

19.11.—(1) Where an appellant in an appeal is represented by a solicitor who does not practise in Edinburgh, that solicitor may appoint a solicitor who practises in Edinburgh to carry out the duties of solicitor to the appellant in relation to that appeal.

(2) In paragraph (1),“appeal” includes any appeal whether by stated case, note of appeal, bill of suspension or advocation.

(3) The solicitor for the appellant or if unrepresented, the appellant, shall enter appearance and comply with the provisions of section 179(9) of the Act of 1995 (lodging of stated case with Clerk of Justiciary).

Commencement Information

I92 Sch. 2 rule 19.11 in force at 1.4.1996, see para. 1(1)

Duty to print stated case etc. S

19.12.—(1) The solicitor for the appellant or, if unrepresented, the appellant shall—

(a) print the complaint, minutes of proceedings and stated case or bill of suspension;

(b) not later than [F63 twenty-one] days before the hearing, return the process to the Clerk of Justiciary; and

(c) provide—

(i) the Clerk of Justiciary with four copies of the print; and

(ii) the respondent or his solicitor with three copies of the print.

(2) Where the solicitor for the appellant or the appellant, as the case may be, cannot comply with any of the requirements of paragraph (1), he shall, not later than [F63 twenty-one] days before the hearing, so inform the Clerk of Justiciary in writing with reasons.

(3) On being so informed, the Clerk of Justiciary may in his discretion postpone the hearing by dropping the appeal from the Justiciary Roll.

(4) Where the Clerk of Justiciary does not drop the appeal from the roll under paragraph (3), the court may, at the hearing, allow the appeal to be dropped from the roll or may dismiss the appeal.

Textual Amendments

F63 Word in Sch. 2 rule 19.12 substituted (18.8.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004 (S.S.I. 2004/346), paras. 1(1), 2(2)

Commencement Information

I93 Sch. 2 rule 19.12 in force at 1.4.1996, see para. 1(1)

Duty of solicitor in bill of suspension S

19.13.  A solicitor who requests a first deliverance in a bill of suspension shall comply with the requirements of rule 19.12(1) and (2) (printing of stated case) whether or not he is the nominated solicitor for the purposes of legal aid.

Commencement Information

I94 Sch. 2 rule 19.13 in force at 1.4.1996, see para. 1(1)

List of appeals S

19.14.—(1) The Clerk of Justiciary shall, after consultation with the Lord Justice General or Lord Justice-Clerk, issue a list of appeals with the respective dates of hearing on the Justiciary Roll.

(2) [F64 Subject to paragraph (3)] the Clerk of Justiciary shall give the respective solicitors representing parties to an appeal so listed at least 14 days notice of the date fixed for the hearing of the appeal.

[F65 (3) In an appeal under section 175(2)(b), (c) or (ca) or by virtue of section 175(4) of the Act of 1995, the period of notice mentioned in paragraph (2) shall be 42 days.]

Textual Amendments

F64 Words in Sch. 2 rule 19.14(2) inserted (1.9.2003) by Act of Adjournal (Criminal Appeals) 2003 (S.S.I. 2003/387), paras. 1(1), 3(3)(a)(i) (with para. 4)

F65 Sch. 2 rule 19.14(3) inserted (1.9.2003) by Act of Adjournal (Criminal Appeals) 2003 (S.S.I. 2003/387), paras. 1(1), 3(3)(a)(ii) (with para. 4)

Commencement Information

I95 Sch. 2 rule 19.14 in force at 1.4.1996, see para. 1(1)

Diet for interim suspension S

19.15.  Where a bill of suspension contains a prayer for interim suspension of any order or for interim liberation—

(a) the judge before whom the bill is laid for a first deliverance shall assign a diet at which counsel for each party may be heard on the crave for the interim order; and

(b) the Clerk of Justiciary shall forthwith give notice of that diet to the parties.

Commencement Information

I96 Sch. 2 rule 19.15 in force at 1.4.1996, see para. 1(1)

Intimation of determination of appeal S

19.16.—(1) The Clerk of Justiciary shall send to the clerk of the sentencing court a certified copy of the order made on determination of the appeal from summary proceedings.

(2) Where the appeal against a disqualification from driving is refused or abandoned, the clerk of the sentencing court shall—

(a) make the appropriate endorsement on the driving licence of the appellant; and

(b) intimate the disqualification to the appropriate driving licence and police authorities.

(3) In this rule,“appeal” includes any appeal whether by stated case, note of appeal, bill of suspension or advocation.

Commencement Information

I97 Sch. 2 rule 19.16 in force at 1.4.1996, see para. 1(1)

Suspension of disqualification etc. under section 193 of the Act of 1995 S

19.17.  In the application of section 193 of the Act of 1995 (suspension of disqualification, forfeiture, etc.) to a case in which leave to appeal has been refused under section 180 or 187 of the Act of 1995, the word“determination” in subsection (1) of section 193 of that Act shall be construed as meaning—

(a) the fifteenth day after the date of intimation to the appellant or his solicitor of refusal of leave under subsection (1)(b) of section 180 or 187 of that Act, as the case may be, unless the appellant applies to the High Court for leave to appeal; or

(b) the day [F66 seven] days after the date of intimation to the appellant or his solicitor of the refusal of leave by the High Court under subsection (5)(b) of section 180 or subsection (4)(b) of section 187 of that Act, as the case may be.

Textual Amendments

F66 Word in Sch. 2 rule 19.17(b) substituted (11.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1997 (S.I. 1997/1788), paras. 1(1), 2(2) (with para. 3)

Commencement Information

I98 Sch. 2 rule 19.17 in force at 1.4.1996, see para. 1(1)

[F67 Remits in applications for leave to appeal S

19.18.   The judge of the High Court considering an application for leave to appeal under section 180 (leave to appeal against conviction etc.), or section 187 (leave to appeal against sentence), of the Act of 1995 may, before deciding to grant or refuse leave, remit the case to the judge at first instance for a report or a supplementary report to be produced to him as soon as is reasonably practicable on any matter with respect to the grounds of appeal.]

Textual Amendments

F67 Sch. 2 rule 19.18 inserted (9.9.1996) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 1996 (S.I. 1996/2147), paras. 1(1), 2(5)

[F68 Presentation of summary sentence appeal in writing S

[F69 19.19.]— (1) This rule applies to an appeal under section 175(2)(b), (c) or (ca) or by virtue of section 175(4) of the Act of 1995 listed in terms of rule 19.14 (list of appeals).

(2) In an appeal to which paragraph (1) applies the appellant shall present his case in writing.

(3) The solicitor for the appellant or, if unrepresented, the appellant shall—

(a) not later than 21 days before the date assigned for the appeal court hearing, lodge a case and argument in Form 19.18;

(b) lodge with the case and argument all documents, or a copy thereof, referred to or founded upon in the case and argument and not already lodged; and

(c) at the same time as he lodges the case and argument referred to in sub-paragraph (a) and the supporting documents referred to in sub-paragraph (b), send a copy to the Crown or, where the Crown is the appellant, to the respondent.

(4) The case and argument referred to in paragraph (3) shall be signed by counsel or the solicitor advocate representing the appellant in the appeal, or by the appellant where the appellant intends to conduct the appeal himself.

(5) At the hearing of the appeal—

(a) the case and argument and supporting documents referred to in paragraph (3) shall constitute the submissions of the appellant;

(b) unless it otherwise directs, the Court will expect the appellant to rely upon the case and argument without reading it over to the Court; and

(c) the appellant may make supplementary comments to the case and argument; and shall answer any points raised by the Court.

(6) On cause shown, the Court may permit the appellant to introduce new information that has come to light in the period since the case and argument was lodged.

(7) Where the Court permits the introduction of new information, it may at its discretion permit the lodging of additional documents in support of the new information.

(8) A party who wishes to introduce new information and lodge additional documents shall send a copy of the information and documents to the Clerk of Justiciary as soon as the information and documents come into the appellant’s possession.

(9) A party who has sent new information and documents to the Clerk of Justiciary shall make application at the bar to allow it to be introduced or lodged, as the case may be.

(10) Where the documents referred to in paragraph (3) are not lodged timeously, the Deputy Principal Clerk of Justiciary shall refer the matter to the Lord Justice-General, whom failing the Lord Justice-Clerk, for such action as the Lord Justice-General or Lord Justice-Clerk, as the case may be, considers appropriate.]

Textual Amendments

F68 Sch. 2 rule 19.18 inserted (1.9.2003) by Act of Adjournal (Criminal Appeals) 2003 (S.S.I. 2003/387), paras. 1(1), 3(3)(b) (with para. 4)

F69 Sch. 2 rule 19.18 renumbered as rule 19.19 (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(9)

[F70 CHAPTER 19A S ADJOURNMENT BEFORE SENTENCE UNDER SECTION 201 OR DEFERRED SENTENCE UNDER SECTION 202 OF THE ACT OF 1995

Textual Amendments

F70 Sch. 2 Chs. 19A, 19B inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(10)

Power of clerk of Justiciary to alter place where case to be heard S

19A.1.— (1) Where the High Court has–

(a) adjourned a case under section 201 of the Act of 1995; or

(b) deferred sentence in a case under section 202 of the Act of 1995,

the Clerk of Justiciary may make an order altering the place where the case is to be heard, not later than two days before the case is to be called.

(2) The Clerk of Justiciary shall intimate an order made under paragraph (1) to–

(a) the parties to the proceedings; and

(b) the governor of any institution in which the accused is detained,

not later than two days before the case is to be called.

CHAPTER 19B S CASES REFERRED BY THE SCOTTISH CRIMINAL CASES REVIEW COMMISSION UNDER SECTION 194B OF THE ACT OF 1995

References in solemn proceedings S

19B.1.— (1) This rule applies to a referral by the Scottish Criminal Cases Review Commission to the High Court in solemn proceedings under section 194B of the Act of 1995.

(2) Within eight weeks of the date of referral, the person who has been convicted shall lodge a note of appeal in Form 15.2-B with the Clerk of Justiciary and subsections (2) to (4) and (6) of section 110 of the Act of 1995 shall apply to the note.

[F71 (2A) On the lodging of a note of appeal under paragraph (2), the Clerk of Justiciary shall send a copy of the note to the Crown Agent.]

(3) A note of appeal lodged under the preceding paragraph shall be treated as if leave to appeal in terms of section 107(1)(a) of the Act of 1995 has been granted.

Textual Amendments

F71 Sch. 2 rule 19B.1(2A) inserted (18.8.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004 (S.S.I. 2004/346), paras. 1(1), 2(3)

References in summary proceedings S

19B.2.— (1) This rule applies to a referral by the Scottish Criminal Cases Review Commission to the High Court in summary proceedings under section 194B of the Act of 1995.

(2) Where the Clerk of Justiciary receives a reference in summary proceedings, he shall–

(a) assign the referral to a procedural hearing; and

(b) as soon as possible thereafter, intimate the diet to every party and to the governor of any institution in which any accused is detained.

(3) At the procedural hearing the High Court may make directions as to the procedure to be followed in the determination of the referral.]

[F72 CHAPTER 19C S RISK ASSESSMENT

Textual Amendments

F72 Sch. 2 Ch. 19C inserted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(5)

Risk assessment orders S

19C.1.— (1) A notice of intention to make a motion for a risk assessment order under section 210B(2) of the Act of 1995 shall be in Form 19C.1–A.

(2) A risk assessment order under section 210B(2) of the Act of 1995 shall be in Form 19C.1–B.

(3) An application under section 210B(5) of the Act of 1995 (application for extension of period of adjournment following order) shall be made by letter to the Clerk of Justiciary.

(4) On receipt of a letter under paragraph (3), the Clerk of Justiciary shall–

(a) send a copy of that letter to the prosecutor, the convicted person and the assessor; and

(b) fix a date and time for hearing the application which date and time shall be notified by the Clerk of Justiciary to the prosecutor; the convicted person and the governor of any institution in which the convicted person is detained.

(5) The Clerk of Justiciary shall notify the governor of any institution in which the convicted person is detained of any extension (or further extension) under section 210B(5) of the Act of 1995, of the period mentioned in section 210B(4) of the Act of 1995 (adjournment following risk assessment order).

Reports S

19C.2.   A report under section 210C or 210D of the Act of 1995 shall be in Form 19C.2.

Objections to reports S

19C.3.— (1) A convicted person shall intimate any objection under section 210C(7) of Act of 1995 by lodging with the Clerk of Justiciary and serving on the prosecutor a notice of objection in Form 19C.3 within 14 days after receiving a copy of the report.

(2) On receipt of a notice of objection under paragraph (1), the Clerk of Justiciary shall fix a date and time for hearing the objection and shall intimate that date and time to the convicted person, the prosecutor and the governor if any institution in which the convicted person is detained.

(3) The convicted person and the prosecutor shall, not less than 7 days before the hearing mentioned in paragraph (2), lodge and serve on the other party lists of any witnesses and productions on which they propose to rely at the hearing.]

PART V S Sentencing

CHAPTER 20 S SENTENCING

[F73 Form of sentence of death S

20.1.— (1) The pronouncement of the sentence of death shall be in Form 20.1.

(2) After the verdict of the jury finding the accused guilty has been recorded, the presiding judge shall sign the sentence on a paper separate from the record of proceedings and immediately thereafter shall pronounce sentence.

(3) The accused need not be present in court after the presiding judge has pronounced sentence.

(4) On sentence being pronounced, the clerk of court shall engross the sentence in the record of proceedings and the presiding judge shall sign it.]

Textual Amendments

F73 Sch. 2 rule 20.1 ceases to have effect (19.5.1999) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1999 (S.I. 1999/1387), paras. 1(1), 2(4)

Commencement Information

I99 Sch. 2 rule 20.1 in force at 1.4.1996, see para. 1(1)

Detention in police custody instead of imprisonment S

20.2.  An order under section 206(2) of the Act of 1995 (detention in police custody instead of imprisonment) shall be in Form 20.2.

Commencement Information

I100 Sch. 2 rule 20.2 in force at 1.4.1996, see para. 1(1)

[F74 Supervised release orders S

20.3.— (1) An order under section 209 of the Act of 1995 (supervised release orders) shall be in Form 20.3-A.

(2) The citation of an offender to appear before a court under section 15(5) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (variation of supervised release order etc.) shall be in Form 20.3-B.

(3) The citation of an offender to appear before a court under section 18(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (breach of supervised release order) shall be in Form 20.3-C.]

Textual Amendments

F74 Sch. 2 rule 20.3 substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(11)

[F75 Sexual offences to which Part 2 of the Sexual Offences Act 2003 applies S

20.3A— (1) A certificate under section 92(2) of the Sexual Offences Act 2003 (certificate that an accused has been convicted of, found not guilty by reason of insanity of, or found to be under a disability and to have done the act charged against him in respect of, an offence listed in Schedule 3 to that Act) shall be in Form 20.3A A.

(2) Subject to paragraph (3), when a certificate such as is mentioned in paragraph (1) is prepared, the accused shall be given a copy of it by the clerk of the court, together with a notice in Form 20.3A B.

(3) If the certificate is not prepared immediately after the statement in open court but is to be prepared subsequently, the clerk of the court shall forthwith give the accused the notice required by paragraph (2) and shall in due course send a copy of the certificate to the accused.

[F76 (3A) Where sentence has been deferred in respect of an accused who has been given a notice required by paragraph (2), the clerk of the court shall, when sentence is passed, give the accused a notice in Form 20.3A-C.]

(4) The clerk of the court shall retain a copy of [F77 any notices] given to the accused [F78 under paragraph (3) or (3A), as the case may be] and shall record on [F79 those copies] the fact that notice has been so given.

(5) The record made under paragraph (4) shall be sufficient evidence of the fact recorded; and a certificate of posting sufficient evidence of the sending of a copy under paragraph (3).]

Textual Amendments

F75 Sch. 2 rule 20.3A substituted (1.5.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Sexual Offences Act 2003) 2004 (S.S.I. 2004/206), paras. 1(1), 2(2)

F76 Sch. 2 rule 20.3A(3A) inserted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(2)(a)

F77 Words in Sch. 2 rule 20.3A(4) substituted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(2)(b)(i)

F78 Words in Sch. 2 rule 20.3A(4) inserted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(2)(b)(ii)

F79 Words in Sch. 2 rule 20.3A(4) substituted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(2)(b)(iii)

Application of money found on offender towards fine S

20.4.—(1) A direction under section 212(1) of the Act of 1995 that money found on an offender should not be applied towards payment of a fine shall be in Form 20.4-A.

(2) A notice for the purposes of section 212(7) of the Act of 1995 (notice to governor of prison as warrant to convey offender to court) shall be in Form 20.4-B.

Commencement Information

I101 Sch. 2 rule 20.4 in force at 1.4.1996, see para. 1(1)

Extension of time for payment of fine S

20.5.  An order under section 214(7) or 215(3) of the Act of 1995 (order allowing further time for payment of fine) shall be in Form 20.5.

Commencement Information

I102 Sch. 2 rule 20.5 in force at 1.4.1996, see para. 1(1)

Forms for enquiry for non-payment of fine S

20.6.—(1) The citation of an offender issued under section 216(3)(a) of the Act of 1995 (citation to appear for enquiry before imprisonment in default of payment of fine) shall be in Form 20.6-A.

(2) The execution of a citation referred to in paragraph (1) which is served other than by post shall be in Form 20.6-B.

(3) The—

(a) execution of a citation referred to in paragraph (1) which is served by post,

(b) warrant for apprehension of an offender issued under section 216(3)(b) of the Act of 1995, and

(c) record of proceedings at an enquiry under section 216 of that Act,

shall be in Form 20.6-C.

Commencement Information

I103 Sch. 2 rule 20.6 in force at 1.4.1996, see para. 1(1)

Supervision of payment of fine S

20.7.  A notice to be sent to an offender under section 217(7) of the Act of 1995 (appointment of different supervising officer to offender allowed time to pay fine) shall be in Form 20.7.

Commencement Information

I104 Sch. 2 rule 20.7 in force at 1.4.1996, see para. 1(1)

Forms of warrant for execution and charge for payment of fine or other financial penalty S

20.8.—(1) In every extract of a sentence of a fine or other financial penalty, there shall be included a warrant for execution in the following terms:—“and the Lords [or sheriff or justice(s)] grant(s) warrant for all lawful execution hereon”.

(2) The charge for payment of a fine or other financial penalty to be used by a sheriff officer under section 90 of the Debtors (Scotland) Act 1987(8) (provisions relating to charges for payment) shall be in Form 20.8.

Commencement Information

I105 Sch. 2 rule 20.8 in force at 1.4.1996, see para. 1(1)

Transfer of fines S

20.9.—(1) A transfer of fine order under section 222(1), and a notice of it required by section 223(1), of the Act of 1995 shall be in Form 20.9-A.

(2) A transfer of fine order made by virtue of section 222(5) of the Act of 1995, and a notice of it required by section 223(1), shall be in Form 20.9-B.

(3) Where a notice of a transfer of fine order is received by a court in Scotland, the clerk of that court shall serve by post a notice to the offender in Form 20.9-C.

Commencement Information

I106 Sch. 2 rule 20.9 in force at 1.4.1996, see para. 1(1)

Probation orders S

20.10.—(1) A probation order shall be in Form 20.10-A.

(2) The citation of a probationer to appear before a court under section 232(1) (failure to comply with requirement of probation order), or section 233(1) (commission of further offence while on probation), of the Act of 1995 shall be in Form 20.10-B.

[F80 (3) The citation of a probationer under paragraph 5(1) of Schedule 6 to the Act of 1995 (amendment of probation order) shall be in Form 20.10-C.]

Textual Amendments

F80 Sch. 2 rule 20.10(3) inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(12)

Commencement Information

I107 Sch. 2 rule 20.10 in force at 1.4.1996, see para. 1(1)

[F81 Form and notification of non-harassment order S

20.10A.— (1) A non-harassment order made under section 234A of the Act of 1995 shall be in Form 20.10A.

(2) A non-harassment order mentioned in paragraph (1) above shall be intimated by the clerk of the court by which it is made to any person, other than the offender, who is named in the order.

Textual Amendments

F81 Sch. 2 rules 20.10A, 20.10B inserted (16.6.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Non-harassment order) 1997 (S.I. 1997/1526), paras. 1(1), 2(2)

Variation or revocation of non-harassment order S

20.10B.— (1) This rule applies to an application under section 234(6) of the Act of 1995 (application for variation or revocation of non-harassment order).

(2) In this rule–

“the offender” means the offender subject to the order to which the application relates; and

“the prosecutor” means the prosecutor at whose instance the order was made.

(3) The application shall–

(a) identify the proceedings in which the order was made;

(b) state the reasons for which the applicant seeks the variation or revocation of the order;

(c) be, as nearly as may be, in Form 20.10B.

(4) The applicant shall serve a copy of the application on–

(a) the clerk of the court which made the order;

(b) any person, other than the offender, who is named in the order; and

(c) where the applicant is–

(i) the offender, the prosecutor; and

(ii) the prosecutor, the offender,

but the application may proceed notwithstanding that, having taken reasonable steps to do so, the applicant has been unable to effect service of it on the offender or any person such as is mentioned in subparagraph (b) above.

(5) Where the offender is the applicant, the prosecutor shall, within fourteen days of the receipt of the copy of the application, notify the clerk of court in writing whether he intends to oppose the application.

(6) Where the prosecutor is the applicant, the offender shall, within fourteen days of receipt of the copy of the application, notify the clerk of court in writing whether he intends to oppose the application.

(7) Where a person notifies the clerk of court under paragraph (5) or (6) above that he does not intend to oppose the application, or fails to make any notification, the court shall proceed to dispose of the application and may do so in the absence of the applicant.

(8) Where a person notifies the clerk of court under paragraph (5) or (6) above that he does intend to oppose the application, the clerk of court shall arrange a hearing before the court at which the prosecutor and the offender may appear or be represented.

(9) The clerk of court shall give notice in writing of the decision of the court on the application to–

(a) the applicant;

(b) any person served with a copy of the application under sub-paragraph (b) or (c) of paragraph (4) above.]

Textual Amendments

F81 Sch. 2 rules 20.10A, 20.10B inserted (16.6.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Non-harassment order) 1997 (S.I. 1997/1526), paras. 1(1), 2(2)

[F82 Supervised attendance orders S

20.11.— (1) A supervised attendance order made under section 235(1) of the Act of 1995 shall be in Form 20.11-A.

(2) A supervised attendance order made under section 236 of the Act of 1995 (supervised attendance orders in place of fines for 16 and 17 year olds) shall be in Form 20.11-B.

(3) The citation of an offender to appear before a court under paragraph 5(3) of Schedule 7 to the Act of 1995 (extension, variation and revocation etc. of supervised attendance orders) shall be in Form 20.11-C.

(4) The citation of an offender to appear before a court under paragraph 4(1) of Schedule 7 to the Act of 1995 (breach of requirement of or other provision relating to supervised attendance order) shall be in Form 20.11-D.]

Textual Amendments

F82 Sch. 2 rule 20.11 substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(13)

Community service orders S

20.12.—(1) A community service order made under section 238 of the Act of 1995 shall be in Form 20.12-A.

(2) The citation of an offender to appear before a court under section 239(4) (failure to comply with requirement of community service order), or section 240(3) (amendment or revocation of community service order), of the Act of 1995 shall be in Form 20.12-B.

Commencement Information

I108 Sch. 2 rule 20.12 in force at 1.4.1996, see para. 1(1)

[F83 Restriction of liberty orders S

20.12A.   –

(1) A restriction of liberty order made under section 245A(1) of the Act of 1995 shall be in form 20.12A-A.

(2) An application under section 245E(1) (application to review a restriction of liberty order) of that Act shall be in form 20.12A-B.

(3) The citation of an offender under section 245E(3) (citation to appear before a court which proposes to vary or revoke a restriction of liberty order) of that Act shall be in form 20.12A-C.

(4) The citation of an offender under section 245F(1) (citation for failure to comply with requirement of restriction of liberty order) of that Act shall be in form 20.12A-D.]

Textual Amendments

F83 Sch. 2 rule 20.12A inserted (17.8.1998) by Act of Adjournal (Criminal Procedure Rules Amendment) (Restriction of Liberty Orders) 1998 (S.I. 1998/1842), paras. 1(1), 2(2)

[F84 Drug treatment and testing orders S

20.12B— (1) A drug treatment and testing order made under section 234B of the Act of 1995 shall be in Form 20.12B-A.

(2) The citation of an offender to appear before a court under section 234E(2) of the Act of 1995 (variation or revocation of drug treatment and testing order) shall be in Form 20.12B-B.

(3) The citation of an offender to appear before a court under section 234G(1) of the Act of 1995 (breach of drug testing and treatment order) shall be in Form 20.12B-C.]

Textual Amendments

F84 Sch. 2 rule 20.12B substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(14)

[F85 Community reparation orders S

20.12C.— (1) A community reparation order under section 245K(1) of the Act of 1995 shall be in Form 20.12C–A.

(2) The citation of an offender to appear before a court under section 245N(2) of the Act of 1995 (failure to comply with a community reparation order) shall be in Form 20.12C–B.

(3) The citation of an offender to appear before a court under section 245P(3) of the Act of 1995 (extension, variation and revocation of a community reparation order) shall be in Form 20.12C–C.]

Textual Amendments

F85 Sch. 2 rule 20.12C inserted (31.3.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2005 (S.S.I. 2005/160), paras. 1(1), 2(4)

Terms of compensation orders to record of proceedings S

20.13  Entries shall be made in the record of proceedings by the clerk of court on the making of a compensation order,specifying the terms of the order and in particular—

(a) the name of the convicted person required to pay compensation;

(b) the amount of compensation required to be paid by such person;

(c) the name of the person entitled to the compensation payable; and

(d) where there is more than one person entitled to compensation, the amount of compensation each is entitled to and the priority, if any, among those persons for payment

Commencement Information

I109 Sch. 2 rule 20.13 in force at 1.4.1996, see para. 1(1)

Legal disability of person entitled to compensation S

20.14.—(1) The prosecutor, if he knows that any person entitled to payment of compensation under a compensation order is under any legal disability, shall so inform the court immediately it makes any such order in respect of any such person, and that information shall be entered by the clerk of court in the record of proceedings.

(2) Where payment of any sum is made under a compensation order to the clerk of court in respect of a person known to be under a legal disability, Part IV (except rule 36.17(1) (receipt sufficient discharge) of Chapter 36 of the Ordinary Cause Rules 1993 in Schedule 1 to the Sherriff Courts(Scotland Act 1907(9) (management of damages payable to persons under legal disability) shall apply to the administratio of that sum as they apply to the administration of a sum of money paid into court in respect of damages for such a person.

Commencement Information

I110 Sch. 2 rule 20.14 in force at 1.4.1996, see para. 1(1)

Variation of compensation orders S

20.15.—(1) The court may, at any time before a compensation order is fully complied with, and after such further inquiry as the court may order, vary the terms of the order as it thinks fit.

(2) A variation made under paragraph (1) may be made in chambers and in the absence of the parties or any of them.

Commencement Information

I111 Sch. 2 rule 20.15 in force at 1.4.1996, see para. 1(1)

Discharge or reduction of compensation order S

20.16.—(1) An application to discharge a compensation order or to reduce the amount that remains to be paid under section 25(1) of the Act of 1995 (review of compensation order) shall be made writing to the clerk of the court which made the order.

(2) The clerk of court shall, on any such application being made to him, serve a copy of the application on the prosecutor by post.

(3) The court to which the application is made may dispose of the application after such inquiry as it thinks fit.

Commencement Information

I112 Sch. 2 rule 20.16 in force at 1.4.1996, see para. 1(1)

Use of certified copy documents in certain proceedings S

20.17.—(1) Subject to paragraph (2), in proceedings relating to—

(a) an order which imposed a fine,

(b) a supervised attendance record,

(c) a community service order,

(d) a probation order, [F86 or

(e) a community reparation order,]

in a court other than the court which made the order, the principal indictment, complaint, record or minute of proceedings, or notice of previous conviction need not be before the court.

(2) The court to which paragraph (1) applies shall have before it a copy of the principal of each such documents certified as a true copy by the clerk of the court which made the order.

Textual Amendments

F86 Sch. 2 rule 20.17(1)(e) and word inserted (31.3.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2005 (S.S.I. 2005/160), paras. 1(1), 2(5)(b)

Commencement Information

I113 Sch. 2 rule 20.17 in force at 1.4.1996, see para. 1(1)

Form of extract of sentence S

20.18.—(1) An extract of a custodial sentence following a conviction on indictment, and warrant of detention and return of sentence, required for any purpose in connection with any case shall be in Form 20.18-A.

(2) An extract of a sentence of imprisonment, a fine or caution in summary proceedings under the Act of 1995 shall be in the appropriate form in Form 20.18-B

(3) An extract issued in accordance with paragraph (1) or (2) shall be warrant and authority for execution

Commencement Information

I114 Sch. 2 rule 20.18 in force at 1.4.1996, see para. 1(1)

Reduction of disqualification period for drink-drive offencers S

20.19.—(1) In this rule—

“the Act of 1988” means the Road Traffic Offencers Act 1988(10);

“course organiser” has the meaning assigned in section 34C(2) of the Act of 1988;

“date specified” means the date specified in an order under section 34A of the Act of 1088;

“supervising court” has the meaning assigned in section 34C(2) of the Act of 1988.

(2) An application to the supervising court for a declaration under section 34B(6) of the Act of 1988 shall be

(a) in Form 20.19-A;

(b) accompanied by a copy of the written notice required by section 34B(5) of the Act of 1988 intimating the course organiser’s decision not to give a course completion certificate; and

(c) lodged with the clerk of court within 28 days after the date specified.

(3) An application to the supervising court for a declaration under section 34B(7) of the Act of 1988 shall be—

(a) in Form 20.19.-B; and

(b) lodged with the clerk of court within 28 days after the date specified.

(4) On the lodging of an application under section 34B(6) or (7) of the Act of 1988—

(a) the sheriff or stipendiary magistrate, as the case may be, shall fix a date for hearing the appliction; and

(b) the clerk of court shall—

(i) notify the applicant of the date of hearing; and

(ii) serve a copy of the application, with notice of the hearing, on the course organiser and the procurator fiscal.

Commencement Information

I115 Sch. 2 rule 20.19 in force at 1.4.1996, see para. 1(1)

[F87 Antisocial behaviour orders S

20.20.   An antisocial behaviour order made under section 234AA of the Act of 1995 shall be in Form 20.20.]

Textual Amendments

F87 Sch. 2 rule 20.20 inserted (26.11.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/481), paras. 1(1), 2(4)

[F88 Orders for lifelong restriction S

20.21.   An order for lifelong restriction under section 210F(1) of the Act of 1995 shall be in Form 20.21.]

Textual Amendments

F88 Sch. 2 rule 20.21 inserted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(6)

PART VI S Evidence

CHAPTER 21 S UNCONTROVERSIAL EVIDENCE, HERESAY AND PRIOR STATEMENTS

Notice of uncontroversial evidence S

21.1.—(1) Where a party to criminal proceedings serves a copy of a statement and document on another party under section 258 of the Act of 1995 (uncontroversial evidence), he shall also serve with that statement and document a statement in Form 21.1-A

(2) Where a document is annexed to a statement under section 258(2) of the Act of 1995 and is not described in the statement, a docquet in Form 21.1-B shall be endorsed on that document.

Commencement Information

I116 Sch. 2 rule 21.1 in force at 1.4.1996, see para. 1(1)

Notice of challenge of evidence as uncontroversial S

21.2.  A notice by a party under section 258(3) of the Act of 1995 (notice challenging fact in statement under section 258(2) of the Act of 1995) shall be in Form 21.2.

Commencement Information

I117 Sch. 2 rule 21.2 in force at 1.4.1996, see para. 1(1)

[F89 Application for direction that challenge be disregarded S

22.2A.   An application under section 258(4A) of the Act of 1995 (application for direction that challenge be disregarded) shall be in Form 21.2A.]

Textual Amendments

F89 Sch. 2 rule 22.2A inserted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(16) (with para. 2(2)-(4))

Notice of intention to have hearsay statement admitted S

21.3.  A notice under section 259(5) of the Act of 1995 (notice of intention to apply to have evidence of hearsay statement admitted) shall be in Form 21.3

Commencement Information

I118 Sch. 2 rule 21.3 in force at 1.4.1996, see para. 1(1)

Authentication of certain prior statements of witnesses S

21.4.  A statement in a document which it is sought to be admitted in evidence under section 260(4) of the Act of 1995 (admissibility of certain prior statements of witnesses) shall be authenticated by a certificate in Form 21.4 endorsed on or attached to the first page of the statement [F90 or attached to the device on which the statement has been recorded.]

Textual Amendments

F90 Words in Sch. 2 rule 21.4 inserted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), paras. 1(1), 2(4)

Commencement Information

I119 Sch. 2 rule 21.4 in force at 1.4.1996, see para. 1(1)

[F91 Form of application to introduce evidence relating to sexual offences S

21.5.   An application under section 275(1) of the Act of 1995 (exception to restrictions on evidence relating to sexual offences) shall be in Form 21.5.]

Textual Amendments

F91 Sch. 2 rule 21.5 inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), paras. 1(1), 2(9)

[F92 Notice of intention to rely on presumption of identification S

21.6.— (1) A notice under section 281A(2)(a) of the Act of 1995 (notice of intention to rely on presumption of identification prior to trial) shall be in Form 21.6–A.

(2) A notice under section 281A(2)(b) of the Act of 1995 (notice of intention to challenge facts in report of identification) shall be in Form 21.6–B.]

Textual Amendments

F92 Sch. 2 rule 21.6 inserted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), paras. 1(1), 2(5)

[F93 CHAPTER 22 S EVIDENCE OF VULNERABLE WITNESSES

Textual Amendments

F93 Sch. 2 Ch. 22 substituted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), paras. 1(1), 2(6) (with para. 2(2))

Child witness notice S

22.1.   A notice under section 271A(2) of the Act of 1995 (child witness notice) shall be in Form 22.1 and shall be lodged with the clerk of court.

Modifications etc. (not altering text)

C1 Sch. 2 rule 22.1 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(a)

[F94 Vulnerable witness application S

22.1A.   —An application under section 271C(2) of the Act of 1995 (vulnerable witness application) shall be in Form 22.1A and shall be lodged with the clerk of court.]

Textual Amendments

F94 Sch. 2 rule 22.1A inserted (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(4) (with para. 2(2))

[F95 Procedure on lodging child witness notice or vulnerable witness application S

22.2.— (1) On receipt of a notice under rule 22.1 (child witness notice) or application under rule 22.1A (vulnerable witness application) the clerk of court shall–

(a) endorse on the notice or application, as the case may be, the time and date on which it was received; and

(b) place the notice or application, as the case may be, before a judge in chambers.

(2) The party that lodges the child witness notice or vulnerable witness application, as the case may be, shall lodge a certificate of intimation with the clerk of court–

(a) within 7 days after lodging the notice or application, as the case may be; or

(b) at least 2 days before any first diet or preliminary hearing,

whichever is the earlier.]

Textual Amendments

F95 Sch. 2 rule 22.2 substituted (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(5) (with para. 2(2))

Modifications etc. (not altering text)

C2 Sch. 2 rule 22.2 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(b)

Intimation of an order under section 271A S

22.3.— (1) An order—

(a) under section 271A(5)(a) of the Act of 1995 authorising the use of a special measure;

(b) under section 271A(5)(b) of that Act authorising the giving of evidence without the benefit of any special measures;

(c) appointing a child witness notice to be disposed of—

(i) under section 271A(5A)(a) of that Act, at a preliminary hearing; or

(ii) under section 271A(5A)(b) of that Act, at a first diet; or

(d) under section 271A(5A)(c) or (7)(b)(ii) of that Act, appointing a diet to be held before the trial diet; or

(e) under section 271A(9) of that Act (order in relation to special measures after hearing),

may be signed by the clerk of court.

(2) An order mentioned in paragraph (1) shall be intimated by the clerk of court to all parties, unless the party was present at the hearing at which the order was made, and in the case of an order under paragraph (1)(c) or (d), to the governor of any institution in which the accused is detained.

Modifications etc. (not altering text)

C3 Sch. 2 rule 22.3 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(c)

[F96 Intimation of an order under section 271C S

22.3A.— (1) An order–

(a) under section 271C(5)(a) of the Act of 1995 authorising the use of a special measure;

(b) appointing a vulnerable witness application to be disposed of–

(i) under section 271C(5A)(a) of that Act, at a preliminary hearing; or

(ii) under section 271C(5A)(b) of that Act at a first diet;

(c) under section 271C(5A)(c) of that Act, appointing a diet to be held before the trial diet; or

(d) under section 271C(7) of that Act (order in relation to special measure after hearing),

may be signed by the clerk of court.

(2) An order mentioned in paragraph (1) shall be intimated by the clerk of court to all parties, unless the party was present at the hearing at which the order was made and, in the case of an order under paragraph (1)(b) or (c), to the governor of any institution in which the accused is detained.]

Textual Amendments

F96 Sch. 2 rule 22.3A inserted (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(6) (with para. 2(2))

Review of arrangements for vulnerable witnesses S

22.4.— (1) An application under section 271D(1)(a) of the Act of 1995 (review of arrangements for vulnerable witnesses) may be made—

(a) orally; or

(b) in writing by minute in Form 22.4.

(2) A minute under paragraph (1)(b) shall be lodged with the clerk of the court and served on every other party by the minuter.

Modifications etc. (not altering text)

C4 Sch. 2 rule 22.4 applied (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(3)(a) (with para. 2(2))

C5 Sch. 2 rule 22.4 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(d)

Procedure for review S

22.5.   On receipt of a minute under rule 22.4(1)(b) (minute for review of arrangements for vulnerable witnesses) or, on a review on the court’s own motion, the court shall make an order endorsed on the minute or recorded in the minute of proceedings—

(a) fixing a diet for a hearing of the application or to hear parties; and

(b) for service of the minute or order with the date of the diet on all parties and to the governor of any institution in which the accused is detained.

Modifications etc. (not altering text)

C6 Sch. 2 rule 22.5 applied (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(3)(b) (with para. 2(2))

C7 Sch. 2 rule 22.5 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(e)

Intimation of the order S

22.6.   Where an order under section 271D(2) of the Act of 1995 (order after review of arrangements for vulnerable witnesses) is made at a hearing fixed under rule 22.5 (procedure for review) it shall be intimated by the clerk of court to all parties unless the party was present at the hearing at which the order was made.

Modifications etc. (not altering text)

C8 Sch. 2 rule 22.6 applied (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(3)(c) (with para. 2(2))

C9 Sch. 2 rule 22.6 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(f)

Notice of prohibition of personal conduct of defence S

22.7.   In proceedings to which section 288E of the Act of 1995 (prohibition of personal conduct of defence in certain cases involving child witnesses under the age of 12) applies, a notice in Form 22.7 shall be served on the accused by the prosecutor with any child witness notice, unless a notice in Form 8.2–C has already been served.

Modifications etc. (not altering text)

C10 Sch. 2 rule 22.7 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(g)

Application for prohibition of personal conduct of defence S

22.8.— (1) An application under section 288F(2)(a) of the Act of 1995 (prohibition of personal conduct of defence) shall be made by minute in Form 22.8–A.

(2) The minute shall be lodged with the clerk of court and served on all parties by the minuter.

(3) On receipt of a minute under paragraph (1), or on the court’s own motion, the court shall make an order endorsed on the minute or recorded in the minute of proceedings—

(a) fixing a diet for a hearing of the application or to hear parties; and

(b) for service of the minute or order with the date on all parties and to the governor of any institution in which the accused is detained.

(4) Where a party is not represented or personally present at a hearing under paragraph (3) when an order is made under section 288F of the Act of 1995 (order prohibiting personal conduct of defence) the clerk of court shall intimate the order to that party.

(5) On the making of an order under section 288F of the Act of 1995 in the absence of the accused, the prosecutor shall forthwith serve on the accused a notice in Form 22.8–B.

Modifications etc. (not altering text)

C11 Sch. 2 rule 22.8 applied (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(3)(d) (with para. 2(2))

C12 Sch. 2 rule 22.8 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(h)

Transfer of cases S

22.9.   Where the sheriff makes an order under section 271J(4) or 271K(3) of the Act of 1995 (transfer of proceedings where evidence is by live television link or with the use of screens) transferring the proceedings to another sheriff court (the “receiving court”) the sheriff clerk shall forthwith transmit the record copy of the indictment, the minute of proceedings, any productions and any relevant documents to the clerk of the receiving court.

Modifications etc. (not altering text)

C13 Sch. 2 rule 22.9 applied (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(3)(e) (with para. 2(2))

C14 Sch. 2 rule 22.9 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(i)

Evidence in chief in form of prior statement S

22.10.   Where a witness is to give evidence in chief in the form of a prior statement the witness shall be called, and—

(a) the oath or affirmation administered under rule 14.5 (form of oath or affirmation); or

(b) be admonished to tell the truth,

before the evidence in the form of a prior statement is given.

Modifications etc. (not altering text)

C15 Sch. 2 rule 22.10 applied (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(3)(f) (with para. 2(2))

C16 Sch. 2 rule 22.10 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(j)

[F97 Appointment of commissioner S

22.11.— (1) On making an order under section 271A(5) or (9) of the Act of 1995 (order in relation to special measures) authorising the taking of evidence by a commissioner in accordance with section 271I of that Act, the High Court or the sheriff, as the case may be, shall appoint—

(a) a commissioner to take the evidence of the vulnerable witness; and

(b) a clerk to assist the commissioner in the carrying out of his duties,

and shall dispense with interrogatories.

(2) On the appointment of a commissioner under paragraph (1), the Clerk of Justiciary or sheriff clerk, as the case may be, shall send the order to the commissioner or his clerk with such other relative documents as the court may direct.

(3) On sending the order to the commissioner or his clerk under paragraph (2), the Clerk of Justiciary or sheriff clerk, as the case may be, shall note on the record copy of the indictment or in the minute of proceedings—

(a) the order and the documents sent;

(b) the names of the persons to whom the order and documents were sent;

(c) the date on which the order and documents were sent.

Textual Amendments

F97 Sch. 2 rules 22.11–22.15 inserted (30.11.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) (Vulnerable Witnesses (Scotland) Act 2004) (Evidence on Commission) 2005 (S.S.I. 2005/574), paras. 1(1), 2(3) (with para. 2(2))

Modifications etc. (not altering text)

C17 Sch. 2 rule 22.11 applied (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(3)(g) (with para. 2(2))

C18 Sch. 2 rule 22.11 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(k)

The commission S

22.12.— (1) The commissioner shall, on receiving the order and documents mentioned in rule 22.11(2) (appointment of commissioner), determine the place and date of the diet for the taking the evidence of the witness to whom the order of the court relates, and shall give reasonable notice of those matters to all parties.

(2) The commissioner may vary or revoke his determination or adjourn the taking of the evidence of the witness to such other place, at such other date and time, as he may determine.

(3) If, in the course of the examination of a witness under this rule, any question arises as to the admissibility of any evidence, the commissioner, unless a judge or sheriff of the relevant court, shall not determine any such question but shall allow the evidence subject to all questions of competency and relevancy.

Textual Amendments

F97 Sch. 2 rules 22.11–22.15 inserted (30.11.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) (Vulnerable Witnesses (Scotland) Act 2004) (Evidence on Commission) 2005 (S.S.I. 2005/574), paras. 1(1), 2(3) (with para. 2(2))

Modifications etc. (not altering text)

C19 Sch. 2 rule 22.12 applied (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(3)(h) (with para. 2(2))

C20 Sch. 2 rule 22.12 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(l)

Video recording of commission S

22.13.— (1) On the carrying out of his commission in accordance with the terms of the order appointing him, or otherwise on concluding his commission, the commissioner or his clerk shall cause the tape or disc of the video recording of the commission to be sealed in an envelope or other similar container, which the commissioner shall sign and date, and on which the following information shall be endorsed—

(a) the name of the accused;

(b) the prosecution and court reference numbers; and

(c) the time of commencement and of termination of the tape or disc;

which sealed envelope shall be returned, with the relative documents, to the Clerk of Justiciary or sheriff clerk, as the case may be.

(2) On the video recording and any documents being returned to him, the Clerk of Justiciary or sheriff clerk, as the case may be, shall—

(a) note—

(i) the documents returned;

(ii) by whom the documents were returned; and

(iii) the date on which the documents were returned;

on the record copy of the indictment or in the minute of proceedings; and

(b) intimate what he has noted to all parties.

(3) The seal on the envelope or container shall be broken only on the authority of the Clerk of Justiciary or sheriff clerk, as the case may be.

(4) The Clerk of Justiciary or sheriff clerk, as the case may be, shall only permit such access to the tape or disc for such period as may be required for the purposes of the authorisation and on expiry of that period, shall again cause the tape or disc of the video recording of the commission to be sealed, which the Clerk of Justiciary or sheriff clerk, as the case may be, shall sign, and on which the following information shall be endorsed—

(a) the name of the accused;

(b) the date of the commission;

(c) the name of the commissioner;

(d) the prosecution and court reference numbers;

(e) the time of commencement and termination of the tape or disc;

(f) the time and date of sealing of the tape or disc.

Textual Amendments

F97 Sch. 2 rules 22.11–22.15 inserted (30.11.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) (Vulnerable Witnesses (Scotland) Act 2004) (Evidence on Commission) 2005 (S.S.I. 2005/574), paras. 1(1), 2(3) (with para. 2(2))

Modifications etc. (not altering text)

C21 Sch. 2 rule 22.13 applied (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(3)(i) (with para. 2(2))

C22 Sch. 2 rule 22.13 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(m)

Custody of video recording and documents S

22.14.— (1) The Clerk of Justiciary or sheriff clerk, as the case may be, shall keep the tape or disc of the video recording and documents referred to in rule 22.13(1) (video record of evidence on commission) in his custody.

(2) Where the tape or disc of the video recording of the evidence of a witness is in the custody of the Clerk of Justiciary or sheriff clerk, as the case may be, under this rule and where intimation has been given to that effect under rule 22.13(2)(b) to all the parties, the name and address of the witness and the tape or disc of the video recording of his or her evidence shall be treated as being within the knowledge of those parties; and no party shall be required, notwithstanding any enactment to the contrary, to include the tape or disc of the video recording of that witness’s evidence in any list of productions.

Textual Amendments

F97 Sch. 2 rules 22.11–22.15 inserted (30.11.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) (Vulnerable Witnesses (Scotland) Act 2004) (Evidence on Commission) 2005 (S.S.I. 2005/574), paras. 1(1), 2(3) (with para. 2(2))

Modifications etc. (not altering text)

C23 Sch. 2 rule 22.14 applied (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), paras. 1(1), 2(3)(j) (with para. 2(2))

C24 Sch. 2 rule 22.14 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(n)

Applications for leave for accused to be present at commission S

22.15.— (1) An application in writing under section 271I(3) of the Act of 1995 (application for leave for accused to be present in the room during commission) shall be in Form 22.15.

(2) The application shall be lodged with the clerk of court and served on every other party by the applicant.

(3) On receipt of an application under paragraph (2), the clerk of court shall place the application before a judge in chambers.

(4) On considering the application in the absence of parties, or of any person acting on their behalf, the judge shall—

(a) grant leave as requested; or

(b) fix a diet for a hearing of the application; and

(c) make an order for service of the application with the date on all parties and to the governor of any institution in which the accused is detained.

(5) Where an order under section 271I(3) of the Act of 1995 (leave for accused to be present in the room) is granted, it shall be intimated by the clerk of court to all parties unless the party was present at the hearing at which the order was made.]]

Textual Amendments

F97 Sch. 2 rules 22.11–22.15 inserted (30.11.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) (Vulnerable Witnesses (Scotland) Act 2004) (Evidence on Commission) 2005 (S.S.I. 2005/574), paras. 1(1), 2(3) (with para. 2(2))

Modifications etc. (not altering text)

C25 Sch. 2 rule 22.15 applied (26.3.2007) by Act of Adjournal (Criminal Procedure Rules Amendment) (Animal Health and Welfare etc.) 2007 (S.S.I. 2007/238), paras. 1(1), 2(2)

C26 Sch. 2 rule 22.15 applied (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(2)(o)

CHAPTER 23 S LETTERS OF REQUEST

Applications for letters of request S

23.1.—(1) An application to the court by the prosecutor or the defence under section 272(1)(a) of the Act of 1995 (evidence by letter of request) for the issue of a letter of request shall be made by petition—

(a) where the accused has appeared on petition under Part IV of the Act of 1995 (petition procedure) but an indictment has not been served on him, in Form 23.1-A presented to the High Court; or

(b) where an indictment or a complaint has been served on the accused, in Form 23.1-B presented to the appropriate court.

(2) A petition referred to in paragraph (1) shall—

(a) where it relates to proceedings in the High Court or to proceedings in respect of which the court where the trial is to take place is not yet known, be lodged with the Clerk of Justiciary, or

(b) where it relates to proceedings in the sheriff court, be lodged with the sheriff clerk,

and shall be accompanied by a proposed letter of request in Form 23.1-C.

F98 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Such an application made to the High Court may be disposed of by a single judge of that court.

(5) The High Court or the sheriff, as the case may be, shall—

(a) order intimation on the other party or parties to the proceedings;

(b) subject to paragraph (6), allow such time for lodging answers as appears appropriate; and

(c) fix a diet for hearing the petition and answers (if any).

(6) The High Court or the sheriff, as the case may be, may dispense with answers to the petition on cause shown.

Textual Amendments

F98 Sch. 2 rule 23.1(3) omitted (26.4.2004) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), paras. 1(1), 2(2)

Commencement Information

I120 Sch. 2 rule 23.1 in force at 1.4.1996, see para. 1(1)

Powers of court in applications S

23.2.—(1) The High Court or the sheriff, as the case may be, may, after considering the petition for the issue of a letter of request and any answers to it, grant the petition with or without modification or refuse it.

(2) On granting the petition, the High Court or the sheriff, as the case may be, shall—

(a) in relation to an application under section 272(1)(a) of the Act of 1995 (evidence by letter of request), allow interrogatories to be adjusted summarily;

(b) pronounce an order approving the terms—

(i) of the letter of request to be sent;

(ii) of any interrogatories and cross-interrogatories to be sent; and

(c) if English is not an official language of the body to which the letter of request is addressed, specify a period within which a translation of each of the letter, any interrogatories and cross-interrogatories, and any productions, are to be lodged.

Commencement Information

I121 Sch. 2 rule 23.2 in force at 1.4.1996, see para. 1(1)

Expenses S

23.3.—(1) The solicitor for the petitioner or, if he is unrepresented, the petitioner shall be liable for the expenses of the petition for the issue of a letter of request.

(2) The High Court or the sheriff, as the case may be, may order the solicitor for the petitioner, or the petitioner, to consign into court such sum in respect of those expenses as may be specified, and on or before such date as may be specified, in the order.

(3) In the event of the sum so specified not being consigned into court on or before the date so specified, the petition shall be treated as having been abandoned.

Commencement Information

I122 Sch. 2 rule 23.3 in force at 1.4.1996, see para. 1(1)

Transmission of letters of request S

23.4.—(1) On—

(a) the High Court or the sheriff, as the case may be, pronouncing an order under rule 23.2(2), or

(b) in a case where a translation requires to be lodged, on the lodging of the translation,

the Clerk of Justiciary or the sheriff clerk, as the case may be, shall send the letter of request and any documents to the Secretary of State for Foreign and Commonwealth Affairs for onward transmission to the body to which the letter of request is addressed.

(2) On sending the letter of request and any documents to the Secretary of State, the Clerk of Justiciary or sheriff clerk, as the case may be, shall note, on the petition, record copy of the indictment or in the minute of proceedings—

(a) the documents sent;

(b) to whom the documents were sent; and

(c) the date on which the documents were sent.

(3) On the relative documents being returned to him, the Clerk of Justiciary or sheriff clerk, as the case may be, shall—

(a) note—

(i) the documents returned,

(ii) by whom they were returned, and

(iii) the date on which they were returned,

on the application, the record copy of the indictment or in the minute of proceedings; and

(b) intimate what he has noted to all parties concerned.

Commencement Information

I123 Sch. 2 rule 23.4 in force at 1.4.1996, see para. 1(1)

Custody of documents S

23.5.—(1) The Clerk of Justiciary or sheriff clerk, as the case may be, shall, subject to paragraph (2), keep the documents referred to in rule 23.4(3) in his custody.

(2) Where the petition for the issue of a letter of request was made to the High Court on the ground that the court in which the trial was to take place was not then known, the prosecutor shall, as soon as that court is known, inform the Clerk of Justiciary of that fact; and if that court is the sheriff court, the Clerk of Justiciary shall, as soon as is practicable, send to the sheriff clerk of that sheriff court the record of the evidence of the witness obtained by a letter of request under section 272(1)(a) of the Act of 1995.

(3) Where the record of the evidence of a witness is in the custody of the Clerk of Justiciary or a sheriff clerk under this rule and where intimation has been given to that effect under rule 23.4(3) to all the parties concerned in the proceedings, the name and address of that witness and the record of his evidence shall be treated as being within the knowledge of those parties; and no party shall be required, notwithstanding any enactment to the contrary—

(a) to include the name of that witness in any list of witnesses; or

(b) to include the record of his evidence in any list of productions.

Commencement Information

I124 Sch. 2 rule 23.5 in force at 1.4.1996, see para. 1(1)

Prohibition of reference to evidence without leave S

23.6.—(1) No reference shall be made either directly or indirectly in any proceedings to the evidence, or any part of the evidence, of a witness whose evidence has been taken by virtue of a letter of request under section 272(1)(a) of the Act of 1995 unless the party seeking to make such reference has made a motion to the court to that effect and that motion has been granted.

(2) The terms of any motion made under paragraph (1) and the grant or refusal of that motion by the court shall be noted by the clerk of court in the record or minute of proceedings.

(3) On any such motion in solemn proceedings being granted—

(a) the judge may direct copies of the evidence, to which he has granted leave for reference to be made, to be provided to the jury by the party making the motion; and

(b) the clerk of court shall read the record of that evidence to the jury and shall then record that he has done so in the record of proceedings.

Commencement Information

I125 Sch. 2 rule 23.6 in force at 1.4.1996, see para. 1(1)

[F99 CHAPTER 23A S TELEVISION LINK EVIDENCE FROM ABROAD

Textual Amendments

F99 Sch. 2 Ch. 23A inserted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), paras. 1(1), 2(3)

Application for television link evidence from abroad S

23A.1.— (1) An application to the court by the prosecutor or the defence under section 273(2) of the Act of 1995 shall be by petition in Form 23A.1–A and shall be accompanied by a letter of request in Form 23A.1–B.

(2) Such an application made to the High Court may be disposed of by a single judge of that court.

(3) The High Court or the sheriff, as the case may be, shall–

(a) order intimation on the other party or parties to the proceedings;

(b) subject to paragraph (4), allow such time for lodging answers as appears appropriate; and

(c) fix a diet for hearing the petition and answers (if any).

(4) The High Court or the sheriff as the case may be, may dispense with answers to the petition on cause shown.

Powers of the court in applications S

23A.2.— (1) The High Court or the sheriff, as the case may be, may, after considering the petition and any answers to it, grant the petition with or without modification or refuse it.

(2) On granting the petition, the High Court or the sheriff, as the case may be, shall–

(a) pronounce an order approving the terms of the letter of request to be sent; and

(b) if English is not an official language of the body to which the letter is addressed, specify a period within which a translation of the letter is to be lodged.

Expenses S

23A.3.— (1) The solicitor for the petitioner or, if he is unrepresented, the petitioner shall be liable for the expenses of the petition for the issue of a letter of request.(2) The High Court or the sheriff, as the case may be, may order the solicitor for the petitioner, or the petitioner, to consign into court such sum in respect of those expenses as may be specified, and on or before such date as may be specified, in the order.(3) In the event of the sum so specified not being consigned into court on or before the date so specified, the petition shall be treated as having been abandoned.

Transmission of letters of request S

23A.4.— (1) On–

(a) the High Court or the sheriff, as the case may be, pronouncing an order under rule 23A.2(2), or

(b) in a case where a translation requires to be lodged, on the lodging of the translation,

the Clerk of Justiciary or the sheriff clerk, as the case may be, shall send the letter of request to the Lord Advocate for transmission to the body to which the letter of request is addressed.

(2) The Clerk of Justiciary or sheriff clerk, as the case may be, shall note, on the petition, record copy of the indictment or in the minute of proceedings, the date on which the letter of request was sent to the Lord Advocate for transmission and shall intimate that date to all parties concerned.

Procedural diet S

23A.5.— (1) On receipt of confirmation that the court, tribunal or other authority to which a letter of request was transmitted will provide assistance in facilitating the giving of evidence through a live television link, the Clerk of Justiciary or sheriff clerk, as the case may be, shall fix a procedural diet in accordance with paragraph (2) and shall intimate that diet to all parties concerned.

(2) The procedural diet shall be fixed for a date which is before the date on which the evidence is to be given by television link.

(3) The accused shall not require to be present at the procedural diet.

(4) At the procedural diet, the judge or sheriff, as the case may be, shall make inquiries as to whether or not arrangements are in place to facilitate the giving of evidence through a live television link.]

CHAPTER 24 S EVIDENCE ON COMMISSION

Applications to take evidence on commission S

24.1.—(1) An application to the court by the prosecutor or the defence under section 272(1)(b) of the Act of 1995 for the appointment of a commissioner to examine a witness to whom that section applies, shall be made by petition—

(a) where the accused has appeared on petition under Part IV of theAct of 1995 (petition procedure) but an indictment has not been served on him, in Form 24.1-A presented to the High Court; or

(b) where an indictment or a complaint has been served on the accused, in Form 24.1-B presented to the appropriate court.

(2) A petition referred to in paragraph (1) shall—

(a) where it relates to proceedings in the High Court or to proceedings in respect of which the court where the trial is to take place is not yet known, be lodged with the Clerk of Justiciary; or

(b) where it relates to proceedings in the sheriff court, be lodged with the sheriff clerk.

(3) A petition in relation to section 272(1)(b)(i) of the Act of 1995 (examination of witness ill or infirm) shall be accompanied by an appropriate medical certificate duly certified on soul and conscience by a qualified medical practitioner.

(4) Such an application made to the High Court may be disposed of by a single judge of that court.

(5) The High Court or the sheriff, as the case may be, shall—

(a) order intimation on the other party or parties to the proceedings;

(b) subject to paragraph (6), allow such time for lodging answers as appears appropriate; and

(c) fix a diet for hearing the petition and answers (if any).

(6) The High Court or the sheriff, as the case may be, may dispense with answers to the petition on cause shown.

Commencement Information

I126 Sch. 2 rule 24.1 in force at 1.4.1996, see para. 1(1)

Appointment of commissioner S

24.2.—(1) The High Court or the sheriff, as the case may be, may, after considering the petition for the taking of evidence on commission and any answers to it, grant the petition with or without modifications or refuse it.

(2) On making an order granting the petition, the High Court or the sheriff, as the case may be, shall appoint—

(a) a commissioner to examine the witness to whom the order applies, and

(b) a clerk to assist the commissioner in the carrying out of his duties,

and shall dispense with interrogatories.

(3) On the making of an order under paragraph (1), the Clerk of Justiciary or sheriff clerk, as the case may be, shall send the order to the commissioner or his clerk with the other relative documents.

(4) On sending the order to the commissioner or his clerk under paragraph (2), the Clerk of Justiciary or sheriff clerk, as the case may be, shall note on the petition, record copy of the indictment or in the minute of proceedings—

(a) the order and documents sent;

(b) to whom they were sent; and

(c) the date on which they were sent.

Commencement Information

I127 Sch. 2 rule 24.2 in force at 1.4.1996, see para. 1(1)

Expenses S

24.3.—(1) The solicitor for the petitioner or, if he is unrepresented, the petitioner shall be liable for the expenses of the petition for the appointment of a commissioner to take the evidence of a witness on commission.

(2) The High Court or the sheriff, as the case may be, may order the solicitor for the petitioner, or the petitioner, to consign into court such sum in respect of those expenses as may be specified, and on or before such date as may be specified, in the order.

(3) In the event of the sum so specified not being consigned into court on or before the date so specified, the petition shall be treated as having been abandoned.

Commencement Information

I128 Sch. 2 rule 24.3 in force at 1.4.1996, see para. 1(1)

The commission S

24.4.—(1) The commissioner shall, on receiving the order and documents mentioned in rule 24.2 (appointment of commissioner), determine the place and the date of the diet for the examination of the witness to whom the order of the court relates, and shall give reasonable notice of those matters to all the parties concerned.

(2) The commissioner may vary or revoke his determination or adjourn the examination of any witness to such other place, at such other date and time, as he may determine.

(3) If, in the course of the examination of a witness under this rule, any question arises as to the admissibility of any evidence, the commissioner shall not determine any such question but shall allow the evidence subject to all questions of competency and relevancy.

Commencement Information

I129 Sch. 2 rule 24.4 in force at 1.4.1996, see para. 1(1)

Commissioner’s report S

24.5.—(1) On the carrying out of his commission in accordance with the terms of the order appointing him, or otherwise on concluding his commission, the commissioner shall complete a written report of his commission, and he or his clerk shall return the report and relative documents to the Clerk of Justiciary or sheriff clerk, as the case may be.

(2) On the report and any documents being returned to him, the Clerk of Justiciary or sheriff clerk, as the case may be, shall—

(a) note—

(i) the documents returned,

(ii) by whom they were returned, and

(iii) the date on which they were returned,

on the application, the record copy of the indictment or in the minute of proceedings; and

(b) intimate what he has noted to all parties concerned.

Commencement Information

I130 Sch. 2 rule 24.5 in force at 1.4.1996, see para. 1(1)

Custody of documents S

24.6.—(1) The Clerk of Justiciary or the sheriff clerk, as the case may be, shall, subject to paragraph (2), keep the documents referred to in rule 24.5(2) in his custody.

(2) In any case where the petition for the taking of evidence on commission was made to the High Court on the ground that the court in which the trial was to take place was not then known, the prosecutor shall, as soon as that court is known, inform the Clerk of Justiciary of that fact; and if that court is the sheriff court, the Clerk of Justiciary shall, as soon as is practicable, send to the sheriff clerk of that sheriff court the record of the evidence of the witness or witnesses.

(3) Where the record of the evidence of a witness is in the custody of the Clerk of Justiciary or a sheriff clerk under this rule and where intimation has been given to that effect under rule 24.5(2) to all the parties concerned in the proceedings, the name and address of that witness and the record of his evidence shall be treated as being within the knowledge of those parties; and no party shall be required, notwithstanding any enactment to the contrary—

(a) to include the name of that witness in any list of witnesses; or

(b) to include the record of his evidence in any list of productions.

Commencement Information

I131 Sch. 2 rule 24.6 in force at 1.4.1996, see para. 1(1)

Prohibition of reference to evidence without leave S

24.7.—(1) No reference shall be made either directly or indirectly in any proceedings to the evidence, or any part of the evidence, of a witness whose evidence has been taken on commission under this Chapter unless the party seeking to make such reference has made a motion to the court to that effect and that motion has been granted.

(2) The terms of any motion made under paragraph (1) and the grant or refusal of that motion by the court shall be noted by the clerk of court in the record or minute of proceedings.

(3) On any such motion in solemn proceedings being granted—

(a) the judge may direct copies of the evidence, to which he has granted leave for reference to be made, to be provided to the jury by the party making the motion; and

(b) the clerk of court shall read the record of that evidence to the jury and shall then record that he has done so in the record of proceedings.

Commencement Information

I132 Sch. 2 rule 24.7 in force at 1.4.1996, see para. 1(1)

CHAPTER 25 S RECORD OF JUDICIAL EXAMINATION AS EVIDENCE IN SOLEMN PROCEEDINGS

Use of transcript of judicial examination S

25.1.—(1) The record made under section 37 of the Act of 1995 (judicial examination: record of proceedings) shall be received in evidence in accordance with section 278(1) of that Act by means of the clerk of court, subject to paragraph (2) of this rule, reading the record of those proceedings to the jury.

(2) The clerk of court shall not read to the jury such part of the record as the court refuses to allow to be read to the jury on an application under section 278(2) of the Act of 1995.

(3) The presiding judge may direct that copies of such part of the record as has been read to the jury shall be made available to them together with copies of any written record of a confession allegedly made and received by the accused under section 36(3) of the Act of 1995 (written record of confession allegedly made received from prosecutor or constable).

Commencement Information

I133 Sch. 2 rule 25.1 in force at 1.4.1996, see para. 1(1)

CHAPTER 26 S DOCUMENTARY EVIDENCE

Authentication of copies of documents S

26.1.—(1) For the purposes of paragraph 1(1) of Schedule 8 to the Act of 1995 (production of copy documents), a copy, or a copy of a material part, of a document shall be authenticated—

(a) by a person who is—

(i) the author of the original of it;

(ii) a person in, or who has been in, possession and control of the original of it or a copy of it; or

(iii) the authorised representative of the person in, or who has been in, possession and control of the original of it or a copy of it; and

(b) by means of a signed certificate, certifying the copy as a true copy, which may be in Form 26.1-A—

(i) endorsed on the copy; or

(ii) attached to the copy.

(2) For the purposes of paragraph 4 of Schedule 8 to Act of 1995 (documents kept by businesses etc.), a document shall be certified by a docquet in Form 26.1-B—

(a) endorsed on the document; or

(b) attached to the document.

(3) For the purposes of paragraph 5(3) of Schedule 8 to the Act of 1995 (statements not contained in business documents), a certificate shall be in Form 26.1-C.

Commencement Information

I134 Sch. 2 rule 26.1 in force at 1.4.1996, see para. 1(1)

CHAPTER 27 S ROUTINE EVIDENCE, SUFFICIENT EVIDENCE AND PROOF OF PREVIOUS CONVICTIONS

Notices in relation to use of autopsy and forensic science reports S

27.1.—(1) Any notice given by an accused under subsection (1) or (2) of section 281 of the Act of 1995 (routine evidence: autopsy and forensic science reports) shall be in writing and shall be given to the prosecutor.

(2) For the purposes of the application of section 281(1) of the Act of 1995 to any summary proceedings, an autopsy report shall not be treated as having been lodged as a production by the prosecutor unless it has been lodged as a production not later than 14 days before the date of the trial diet.

(3) For the purposes of the application of subsection (2) of section 281 of the Act of 1995 to any summary proceedings, the prosecutor shall intimate his intention in accordance with that subsection by serving a copy of the autopsy or forensic science report lodged by him on the accused or his solicitor with a notice of his intention not later than 14 days before the date of the trial diet.

Commencement Information

I135 Sch. 2 rule 27.1 in force at 1.4.1996, see para. 1(1)

Form of certificates in relation to certain evidence S

27.2.  A certificate under any of the following provisions of the Act of 1995 shall be in Form 27.2:—

• section 283(1) (certificate as to time and place of video surveillance recordings),

• section 284(1) (certificate in relation to fingerprints),

• section 285(2) (certificate relating to previous convictions),

• section 285(4) (certificate relating to fingerprints),

• section 285(5) (certificate relating to fingerprints of previously convicted person).

Commencement Information

I136 Sch. 2 rule 27.2 in force at 1.4.1996, see para. 1(1)

Form of notice in relation to certain evidential certificates S

27.3.  A notice under any of the following provisions of the Act of 1995 shall be in Form 27.3:—

• section 282(3) (notice not accepting evidence as to controlled drugs or medicinal products),

• section 283(2) (notice not accepting evidence as to video surveillance),

• section 284(2) (notice not accepting evidence in relation to fingerprints),

• section 286(1) (notice denying extract conviction applies to accused).

Commencement Information

I137 Sch. 2 rule 27.3 in force at 1.4.1996, see para. 1(1)

[F100 Notices under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 S

27.4— (1) A notice under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 (notice disputing that condition is satisfied and requiring prosecutor to prove such) shall be in Form 27.4.

(2) A notice by an accused under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 (notice disputing condition specified in section 16A(3)) may be served on the prosecutor by any of the methods of service in rule 2.3 (general provisions for service).

(3) At the same time as he serves a notice on the prosecutor under paragraph (2), the accused shall serve a copy of that notice on any co-accused or his solicitor.

(4) An accused shall serve a notice under paragraphs (2) or (3), no later than 21 days [F101 before the trial diet].]

Textual Amendments

F100 Sch. 2 rule 27.4 inserted (3.2.1997) by Act of Adjournal (Criminal Procedure Rules Amendment) 1997 (S.I. 1997/63), paras. 1(1), 2(3)

F101 Words in Sch. 2 rule 27.4(4) substituted (11.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1997 (S.I. 1997/1788), paras. 1(1), 2(3)

[F102 Notice under section 16B(4) of Criminal Law (Consolidation) (Scotland) Act 1995 S

27.5   –

(1) Any notice under section 16B(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 (notice served on prosecutor by person accused of sexual offence disputing whether an act done by him abroad constituted an offence under the law in force in the country or territory in question) shall be in Form 27.5 and may be served on the prosecutor by any of the methods of service mentioned in rule 2.3.

(2) Any such notice shall be served not later than 21 days before the trial diet; and when he serves such a notice the accused shall serve a copy of it on any co-accused or on the solicitor of any co-accused.]

Textual Amendments

F102 Sch. 2 rule 27.5 inserted (1.9.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) 1997 (S.I. 1997/2082), paras. 1(1), 2(3)

PART VII S Miscellaneous procedures

CHAPTER 28 S IDENTIFICATION PARADES

Applications for identification parade S

28.1.—(1) An application to the sheriff made by an accused under section 290 of the Act of 1995 (application by accused for identification parade) shall be made—

(a) to the sheriff in whose sheriffdom the proceedings in relation to which the order is sought have been commenced;

(b) by petition—

(i) where the accused has appeared on petition under Part IV of the Act of 1995 (petition procedure) but an indictment has not been served on him, in Form 28.1-A; or

(ii) where an indictment or a complaint has been served on the accused, in Form 28.1-B.

(2) On the petition referred to in paragraph (1) being lodged, the sheriff shall—

(a) order intimation of the petition to be made to the prosecutor;

(b) fix a diet for a hearing of the petition on the earliest practicable date; and

(c) after giving the prosecutor an opportunity to be heard at the hearing and allowing such further procedure as he thinks fit, make an order granting or refusing the petition.

(3) If—

(a) the prosecutor is not present at the hearing of the petition; and

(b) the sheriff makes an order granting the petition,

the sheriff clerk shall issue a certified copy of the order to the petitioner or his solicitor.

(4) The sheriff clerk shall record the order made by the sheriff under paragraph (2)(c) in the minute of proceedings, and shall keep the petition and relative documents in his custody.

Commencement Information

I138 Sch. 2 rule 28.1 in force at 1.4.1996, see para. 1(1)

CHAPTER 29 S PRECOGNITION ON OATH OF DEFENCE WITNESSES

Applications for warrant to cite for precognition S

29.1.—(1) An application to the sheriff made by an accused under section 291(1) of the Act of 1995 (warrant to cite any person to appear for precognition on oath) shall be made—

(a) to the sheriff in whose sheriffdom the proceedings, in respect of which the accused seeks the precognition of that person, have been commenced;

(b) by petition—

(i) where the accused has appeared on petition under Part IV of the Act of 1995 (petition procedure) but an indictment has not been served on him, in Form 29.1-A; or

(ii) where an indictment or a complaint has been served on the accused, in Form 29.1-B.

(2) On a petition referred to in paragraph (1) being lodged, the sheriff shall—

(a) order intimation of the application to be made to the procurator fiscal; and

(b) fix a diet for a hearing of the application.

Commencement Information

I139 Sch. 2 rule 29.1 in force at 1.4.1996, see para. 1(1)

Orders for taking precognition S

29.2.  Where, after the hearing fixed under rule 29.1(2), the sheriff is satisfied that it is reasonable to require such precognition on oath in the circumstances, he shall—

(a) order the precognition to be taken;

(b) fix a diet for it to be taken; and

(c) grant warrant to cite the person from whom it is to be taken.

Commencement Information

I140 Sch. 2 rule 29.2 in force at 1.4.1996, see para. 1(1)

Citation to attend for precognition S

29.3.—(1) Citation of a person to attend the diet fixed for taking his precognition on oath shall be in Form 29.3; and an execution of service shall be produced at the diet fixed under rule 29.1(2).

(2) Where a person fails to appear at a diet fixed for taking his precognition and the sheriff issues a warrant for his apprehension under section 291(2) of the Act of 1995, execution of that warrant—

(a) shall be made by an officer of law instructed by the accused or his solicitor; and

(b) may proceed on a copy of the petition and warrant duly certified by the sheriff clerk.

(3) The sheriff clerk shall immediately give notice of that person’s failure to appear at the diet to the procurator fiscal.

Commencement Information

I141 Sch. 2 rule 29.3 in force at 1.4.1996, see para. 1(1)

Record of proceedings S

29.4.—(1) Where a person appears before the sheriff to have his precognition taken on oath, the proceedings shall be recorded in shorthand by an official shorthand writer instructed by the accused or his solicitor.

(2) The shorthand writer shall extend his shorthand notes recording the proceedings, sign the transcript, and lodge it with the sheriff clerk.

(3) On the transcript being lodged, the sheriff clerk shall—

(a) send a copy to the solicitor for the accused or, if he is not represented, to the accused; and

(b) fix a diet for the person whose precognition has been taken on oath to attend before the sheriff to sign the precognition.

Commencement Information

I142 Sch. 2 rule 29.4 in force at 1.4.1996, see para. 1(1)

Fees of shorthand writer S

29.5.—(1) The solicitor for the accused or, if he is not represented, the accused shall be liable for payment of—

(a) the fees of the shorthand writer, and

(b) the reasonable expenses of the person precognosed on oath;

and shall tender any such expenses in advance if required by that person to do so.

(2) Where the accused is not represented, the sheriff may, at the hearing of the application or at any time before the precognition is taken, order the accused to consign into court such sum as he may be required to pay under paragraph (1) in respect of fees and expenses on or before such date as the sheriff may specify in the order.

(3) If the sheriff orders the accused to consign a sum into court under paragraph (2) and that sum is not consigned by the date specified in the order, the petition shall be treated as abandoned.

Commencement Information

I143 Sch. 2 rule 29.5 in force at 1.4.1996, see para. 1(1)

F103 CHAPTER 30 S PROCEEDINGS FOR THE EXECUTION OF IRISH WARRANTS

Textual Amendments

F103 Sch. 2 Ch. 30 omitted (18.8.2004) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004 (S.S.I. 2004/346), paras. 1(1), 2(4)

Interpretation of this Chapter S

F103 30.1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form of endorsement S

F103 30.2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure in applications for stated case under section 2A of the Act of 1965 S

F103 30.3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of High Court to extend period of time S

F103 30.4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of consent to early removal S

F103 30.5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Handing over of warrant of arrest S

F103 30.6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certification of warrant S

F103 30.7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 31 S REFERENCES TO THE EUROPEAN COURT OF JUSTICE

Interpretation of this Chapter S

31.1.—(1) In this Chapter, unless the context otherwise requires—

“the European Court” means the Court of Justice of the European Communities;

[F104 “question” means a question or issue in respect of which the European Court has jurisdiction to give a preliminary ruling under the Community Treaties;]

“reference” means a request to the European Court for a preliminary ruling on a question.

F105 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Words in Sch. 2 rule 31.1(1) substituted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(3)(a)

F105 Sch. 2 rule 31.1(2) omitted (1.9.2006) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(3)(b)

Commencement Information

I144 Sch. 2 rule 31.1 in force at 1.4.1996, see para. 1(1)

Notice of references in solemn proceedings S

31.2.—(1) Where a question is to be raised in any proceedings on indictment (other than proceedings on appeal), notice of intention to do so shall be given to the court before which the [F106 preliminary hearing or first diet] is to take place [F107 , as the case may be,] and to the other parties not later than 14 days after service of the indictment.

(2) Where such a notice is given, a record of the notice shall be made on the record copy of the indictment or in the record of proceedings, as the case may be; and the court, in chambers, shall reserve consideration of the question to the [F108 preliminary hearing or first diet, as the case may be].

F109 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) At the trial diet, the court, after hearing the parties, may determine the question or may decide that a preliminary ruling should be sought.

(5) Where the court determines the question, the accused shall then (if appropriate) be called on to plead to the indictment; and, without prejudice to any other power available to it, the court—

(a) may prorogate the time for lodging any special defence;

(b) may continue the diet to a specified time and place; and

(c) in a case where witnesses and jurors have not been cited to attend at the trial diet, shall continue the diet and order the citation of witnesses and jurors to attend the continued diet.

(6) No period during which the diet is continued under paragraph (5) shall—

(a) subject to paragraph (7), be longer than 21 days; or

(b) be taken into account for the purposes of determining whether any time limit has expired.

(7) The court may, on the application of the prosecutor or defence, extend any period during which the diet is continued for such longer period than 21 days as it thinks fit on special cause shown.

Textual Amendments

F106 Words in Sch. 2 rule 31.2(1) substituted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(4)(a)(i)

F107 Words in Sch. 2 rule 31.2(1) inserted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(4)(a)(ii)

F108 Words in Sch. 2 rule 31.2(2) substituted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(4)(b)

F109 Sch. 2 rule 31.2(3) omitted (1.9.2006) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(4)(c)

Commencement Information

I145 Sch. 2 rule 31.2 in force at 1.4.1996, see para. 1(1)

Notice of references in summary proceedings S

31.3.—(1) Where a question is to be raised in any summary proceedings (other than proceedings on appeal), notice of intention to do so shall be given before the accused is called on to plead to the complaint.

(2) Where such notice is given, a record of the notice shall be entered in the minute of proceedings and the court shall not then call on the accused to plead to the complaint.

(3) The court may hear parties on the question forthwith or may adjourn the case to a specified date for such hearing.

(4) After hearing parties, the court may determine the question or may decide that a preliminary ruling should be sought.

(5) Where the court determines the question, the accused shall then (where appropriate) be called on to plead to the complaint.

Commencement Information

I146 Sch. 2 rule 31.3 in force at 1.4.1996, see para. 1(1)

Proceedings on appeal etc. S

31.4.—(1) Where a question is raised in the High Court in any proceedings on appeal or on a petition for the exercise of the nobile officium, the court shall proceed to make a reference.

(2) In paragraph (1), the reference to proceedings on appeal is a reference to proceedings on appeal under the Act of 1995 or on appeal by bill of suspension, bill of advocation or otherwise.

Commencement Information

I147 Sch. 2 rule 31.4 in force at 1.4.1996, see para. 1(1)

Preparation of case for reference S

31.5.—(1) Where the court decides that a preliminary ruling should be sought, the court shall—

(a) give its reasons and cause those reasons to be recorded in the record or minute of proceedings, as the case may be; and

(b) continue the proceedings from time to time as necessary for the purposes of the reference.

(2) The reference—

(a) [F110 except in so far as the court may otherwise direct,] shall be drafted in Form 31.5 and the court may give directions to the parties as to the manner in which and by whom the case is to be drafted and adjusted;

(b) shall thereafter [F111 if necessary, be further adjusted to take account of any adjustments required by the court]; and

(c) after approval and the making of an appropriate order by the court, shall (after the expiry of the period for appeal) be transmitted by the clerk of court to the Registrar of the European Court with a certified copy of the record or minute of proceedings, as the case may be, and, where applicable, a certified copy of the relevant indictment or complaint.

[F112 (3) In preparing a reference, the parties shall have regard to guidance issued by the European Court.]

Textual Amendments

F110 Words in Sch. 2 rule 31.5(2)(a) inserted (1.5.1999) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) 1999 (S.I. 1999/1282), paras. 1(1), 2(3)(a)(i) (with para. 3)

F111 Words in Sch. 2 rule 31.5(2)(b) substituted (1.5.1999) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) 1999 (S.I. 1999/1282), paras. 1(1), 2(3)(a)(ii) (with para. 3)

F112 Sch. 2 rule 31.5(3) substituted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(5)

Commencement Information

I148 Sch. 2 rule 31.5 in force at 1.4.1996, see para. 1(1)

Procedure on receipt of preliminary ruling S

31.6.—(1) Where a preliminary ruling has been given by the European Court on a question referred to it and the ruling has been received by the clerk of the court which made the reference, the ruling shall be laid by the clerk before the court.

(2) On the ruling being laid before the court, the court shall then give directions as to further procedure, which directions shall be intimated by the clerk, with a copy of the ruling, to each of the parties to the proceedings.

Commencement Information

I149 Sch. 2 rule 31.6 in force at 1.4.1996, see para. 1(1)

Appeals against references S

31.7.—(1) Subject to paragraph (2), where an order making a reference is made under F113 ..., any party to the proceedings who is aggrieved by the order may, within 14 days after the date of the order, appeal against the order to the High Court sitting as a court of appeal.

(2) Paragraph (1) shall not apply to such an order made in proceedings in the High Court sitting as a court of appeal or in proceedings on petition to that court for the exercise of its nobile officium.

(3) Any appeal under this rule shall be taken by lodging with the clerk of the court which made the order a note of appeal in Form 31.7 and signed by the appellant or his solicitor; and a copy of the note shall be served by the appellant on every other party to the proceedings.

(4) The clerk of court shall record the lodging of the note in the record or minute of proceedings, as the case may be, and shall forthwith transmit the note to the Clerk of Justiciary with the record or minute of proceedings and a certified copy of the relevant indictment or complaint.

(5) In disposing of an appeal under this rule, the High Court (sitting as a court of appeal) may—

(a) sustain or dismiss the appeal, and in either case remit the proceedings to the court of first instance with instructions to proceed as accords; and

(b) give such directions for other procedure as it thinks fit.

(6) Unless the court making the order otherwise directs, a reference shall not be transmitted to the Registrar of the European Court before the time allowed by this rule for appealing against the order has expired or before the appeal has been disposed of or abandoned.

Textual Amendments

F113 Words in Sch. 2 rule 31.7(1) omitted (9.9.1996) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 1996 (S.I. 1996/2147), paras. 1(1), 2(6)

Commencement Information

I150 Sch. 2 rule 31.7 in force at 1.4.1996, see para. 1(1)

CHAPTER 32 S ANNOYING CREATURES

Interpretation of this Chapter S

32.1.  In this Chapter,“the Act of 1982” means the Civic Government (Scotland) Act 1982(11).

Commencement Information

I151 Sch. 2 rule 32.1 in force at 1.4.1996, see para. 1(1)

Form of application to district court and service S

32.2.—(1) An application to a district court under section 49(3) of the Act of 1982 (annoying creatures) shall be made in Form 32.2.

(2) On the lodging of any such application, the district court shall make an order for service of a copy of the application on any person mentioned in the application as having the creature so mentioned in his charge or keeping the creature, and fixing a date and time for the hearing of the application.

(3) A copy of the application and of the order made under paragraph (2) shall be served on any such person by recorded delivery at the normal place of residence or place of business of that person, and such service shall be treated as sufficient notice to that person of the terms of the application and the order for the purposes of paragraph (4).

(4) If any person upon whom service has been made in accordance with paragraph (3) fails to appear or be represented at the time and date of the hearing specified in the order without reasonable excuse, the court may proceed to hear and decide the application in his absence.

(5) Where the court makes an order in respect of any person under section 49(2) of the Act of 1982, the clerk of court shall, within seven days after the date on which the order was made, serve on that person, by recorded delivery at the normal place of residence or place of business of that person, a copy of the order and a notice setting out the terms of section 49(4) of the Act of 1982.

Commencement Information

I152 Sch. 2 rule 32.2 in force at 1.4.1996, see para. 1(1)

CHAPTER 33 S LEGAL AID

Interpretation of this Chapter S

33.1.  In this Chapter, unless the context otherwise requires—

“the Act of 1986” means the Legal Aid (Scotland) Act 1986(12);

“assisted person” means a person who is in receipt of criminal legal aid in the proceedings in question;

“the Regulations” means the Criminal Legal Aid (Scotland) Regulations 1987(13).

Commencement Information

I153 Sch. 2 rule 33.1 in force at 1.4.1996, see para. 1(1)

Legal aid in High Court S

33.2.  Where an application for legal aid is made to the High Court under section 23 of the Act of 1986(14) (power of the court to grant legal aid), the court may—

(a) determine the application itself; or

(b) remit the application to the sheriff court for determination.

Commencement Information

I154 Sch. 2 rule 33.2 in force at 1.4.1996, see para. 1(1)

Discontinuance of entitlement to legal aid S

33.3.—(1)  [F114 Subject to paragraph (1A) below, where] the court before which there are proceedings in which an assisted person is an accused or appellant is satisfied, after hearing that person—

(a) that he—

(i) has without reasonable cause failed to comply with a proper request made to him by the solicitor acting for him to supply any information relevant to the proceedings,

(ii) has delayed unreasonably in complying with any such request,

(iii) has without reasonable cause failed to attend at a diet of the court at which he has been required to attend or at a meeting with the counsel or solicitor acting for him under the Act of 1986 at which he has reasonably and properly been required to attend,

(iv) has conducted himself in connection with the proceedings in such a way as to make it appear to the court unreasonable that he should continue to receive criminal legal aid,

(v) has wilfully or deliberately given false information for the purpose of misleading the court in considering his financial circumstances under section 23(1) of the Act of 1986, or

(vi) has without reasonable cause failed to comply with a requirement of the Regulations, or

(b) that it is otherwise unreasonable for the solicitor to continue to act on behalf of the assisted person in the proceedings,

the court may direct that the assisted person shall cease to be entitled to criminal legal aid in connection with those proceedings.

[F115 (1A) Where the solicitor acting for the assisted person was appointed by the court under section 288D of the Act of 1995 (appointment of solicitors by court in proceedings in respect of sexual offence), paragraph (1) shall not apply.]

(2) Where a direction is made under paragraph (1) of this rule in the course of proceedings to which section 22 of the Act of 1986(15) (automatic availability of criminal legal aid) applies, the accused shall not be entitled to criminal legal aid in relation to any later stages of the same proceedings before the court of first instance.

(3) Where a court issues a direction under paragraph (1), the clerk of court shall send notice of it to the Scottish Legal Aid Board.

(4) Where a court of first instance has made a direction under paragraph (1)(a), it shall instruct the clerk of court to report the terms of the finding made by the court to the Scottish Legal Aid Board for its consideration in any application for criminal legal aid in an appeal in connection with the proceedings in that court.

Textual Amendments

F114 Words in Sch. 2 rule 33.3(1) substituted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), paras. 1(1), 2(10)(a)

F115 Sch. 2 rule 33.3(1A) inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), paras. 1(1), 2(10)(b)

Commencement Information

I155 Sch. 2 rule 33.3 in force at 1.4.1996, see para. 1(1)

Statements on oath S

33.4.  In considering any matter in regard to the entitlement of a person to criminal legal aid, the court may require that person to make a statement on oath for the purpose of ascertaining or verifying any fact material to his entitlement to criminal legal aid.

Commencement Information

I156 Sch. 2 rule 33.4 in force at 1.4.1996, see para. 1(1)

Intimation of determination of High Court S

33.5.  The Clerk of Justiciary shall intimate to the Scottish Legal Aid Board any decision of the High Court made under section 25(2A) of the Act of 1986(16) (determination by High Court that applicant should receive legal aid).

Commencement Information

I157 Sch. 2 rule 33.5 in force at 1.4.1996, see para. 1(1)

[F116 Intimation of appointment of solicitor by court in proceedings in respect of sexual offence S

33.6.   The clerk of court shall intimate to the Scottish Legal Aid Board any decision of the court to appoint a solicitor under section 288D(2) of the Act of 1995 (appointment of solicitors by court in proceedings in respect of sexual offence).]

Textual Amendments

F116 Sch. 2 rule 33.6 inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), paras. 1(1), 2(11)

[F117 CHAPTER 34 S EXTRADITION

Textual Amendments

F117 Sch. 2 Ch. 34 substituted (18.8.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004 (S.S.I. 2004/346), paras. 1(1), 2(5)

Interpretation of this Chapter S

34.1.   In this Chapter–

(6) “the Act of 2003” means the Extradition Act 2003;

(7) “arrested person” means a person who has been arrested under the Act of 2003; and

(8) “required period” shall be construed in accordance with section 74(11) of the Act of 2003.

Arrest under provisional warrant S

34.2.— (1) This rule applies where an arrested person is brought before the sheriff at Lothian and Borders under section 74(3) (person arrested under provisional warrant) of the Act of 2003.

(2) The Sheriff–

(a) may fix a date for a review hearing to take place before the expiry of the required period; and

(b) shall fix a date for a review hearing to take place as soon as practicable after the expiry of the required period.

(3) At a review hearing under paragraph (2), the sheriff shall ascertain, so far as reasonably practicable, the state of preparation of the parties and may fix a further hearing to take place before the extradition hearing; and this paragraph may apply more than once.

Appeals S

34.3.— (1) Subject to paragraph (3), an appeal under –

(10) (a) section 26(1) of the Act of 2003 (appeal against extradition order under Part 1) shall be made by lodging a note of appeal in Form 34.3–A;

(11) (b) section 28(1) of the Act of 2003 (appeal against discharge at extradition hearing under Part 1) shall be made by lodging a note of appeal in Form 34.3–B;

(12) (c) section 103(1) (appeal where case sent to Scottish Ministers) or 108(1) (appeal against extradition order) of the Act of 2003 shall be made by lodging a note of appeal in Form 34.3–C;

(13) (d) section 105(1) (appeal against discharge at extradition hearing) or section 110(1) (appeal against discharge by Scottish Ministers) of the Act of 2003 shall be made by lodging a note of appeal in Form 34.3–D,

(14) with the clerk.

(2) Notice of an appeal mentioned in paragraph (1) shall be given by serving a copy of the note of appeal–

(a) in the case of an appeal under section 26(1), 103(1) or 108(1) of the Act of 2003, on the Crown Agent, and

(b) in the case of an appeal under section 28(1), 105(1) or 110(1) of the Act of 2003, on the arrested person.

(3) No note of appeal under this rule shall be lodged without an execution of service.

(4) In this rule , “the clerk” means–

(a) in the case of an appeal under section 26(1), 28(1), 103(1) or 105(1) of the Act of 2003, the sheriff clerk, and

(b) in the case of an appeal under section 108(1) or 110(1) of the Act of 2003, the Clerk of Justiciary.

Hearing of appeals S

34.4.— (1) The sheriff clerk shall, on the making of an appeal under section 26(1) (appeal against extradition order under Part 1), 28(1) (appeal against discharge at extradition hearing under Part 1), 103(1) (appeal where case sent to Scottish Ministers) or 105(1) (appeal against discharge at extradition hearing) of the Act of 2003–

(a) request a report from the presiding sheriff; and

(b) transmit–

(i) the note of appeal;

(ii) two certified copies of the minutes of proceedings; and

(iii) any other relevant documents,

to the Clerk of Justiciary who shall fix a diet for the hearing of the appeal.

(2) The Clerk of Justiciary shall, on the making of an appeal under section 108(1) (appeal against extradition order) or 110(1) (appeal against discharge by Scottish Ministers) of the Act of 2003, request a report from the Scottish Ministers and fix a diet for the hearing of the appeal.

(3) Within 14 days of the making of an appeal, the sheriff or, as the case may be, the Scottish Ministers shall comply with the request under paragraph (1)(a) or (2).

(4) The Clerk of Justiciary shall–

(a) intimate the date of any diet fixed under paragraph (1) or (2); and

(b) send a copy of the report received from the sheriff or, as the case may be, the Scottish Ministers, to the arrested person and the Crown Agent.

(5) Subject to section 31(4) of the Act of 2003 (extension of relevant period), the High Court shall begin to hear an appeal under section 26(1) or 28(1) of the Act of 2003 within 40 days after the date on which the arrested person–

(a) was arrested under section 5 of the Act of 2003, if he was arrested under that section;

(b) was arrested under the Part 1 warrant, if he was not arrested under that section.

(6) Subject to section 113(3) of the Act of 2003, the High Court shall begin to hear an appeal under section 103(1), 105(1), 108(1) or 110(1) of the Act of 2003 within 76 days after the date on which the note of appeal is lodged.

Applications for extension of time S

34.5.— (1) Subject to paragraph (2), an application seeking an extension of the relevant period under section 31(4) (extension of time limit for start of hearing) or section 113(4) (extension of time limit for start of hearing) of the Act of 2003 shall be lodged with the Clerk of Justiciary in Form 34.5, and the applicant shall serve a copy of the application on the other party in the appeal.

(2) At the diet fixed for the hearing of the appeal or an application mentioned in paragraph (1), the court may dispense with the requirements of paragraph (1).

Consent to extradition S

34.6.   Notice of consent to extradition shall be given–

(a) in the case of extradition to a category 1 territory, in Form 34.6–A; and

(b) in the case of extradition to a category 2 territory, in Form 34.6–B.

Post-extradition matters S

34.7.— (1) A notice under section 54(4) (notice of request for consent to another offence being dealt with) of the Act of 2003 shall be in Form 34.7–A.

(2) A notice under section 56(4) (notice of request for consent extradition to another category 1 territory) of the Act of 2003 shall be in Form 34.7–B.

Part 3 warrants S

34.8.   Subject to section 142 of the Act of 2003, a Part 3 warrant issued by a sheriff shall be in the form set out in the Annex to Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, with such variation as circumstances may require.]

CHAPTER 35 S COMPUTER MISUSE ACT 1990

Notices in relation to relevance of external law S

35.1.  A notice under section 8(5) of the Computer Misuse Act 1990(17) (notice by defence that conditions not satisfied) shall be served on the prosecutor not later than 14 days before the trial diet.

Commencement Information

I158 Sch. 2 rule 35.1 in force at 1.4.1996, see para. 1(1)

[F118 CHAPTER 36 S CRIME (INTERNATIONAL CO-OPERATION ACT 2003

Textual Amendments

F118 Sch. 2 Ch. 36 substituted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), paras. 1(1), 2(4)

Interpretation of this Chapter S

36.1.   In this Chapter–

“Act of 2003” means the Crime (International Co-operation) Act 2003;

“external court” means the court mentioned in section 30(1) or, as the case may be, section 31(1) of the Act of 2003; and

“nominated court” means a court nominated under section 15(3), section 30(3) or section 31(4) of the Act of 2003.

Effecting citation or service of documents outside the United Kingdom S

36.2.— (1) A notice under section 5(5)(b) of the Act of 2003 (notice to accompany citation being effected outside the United Kingdom) shall be in Form 36.2 and shall give the information specified in that form.

(2) Where citation is being effected outside the United Kingdom under section 5 or 6 of the Act of 2003, in the form of citation for–

“IF YOU DO NOT ATTEND COURT WITHOUT A LAWFUL EXCUSE THE COURT MAY ORDER THAT YOU BE APPREHENDED AND PUNISHED.”,

• or

  “IF YOU FAIL TO ATTEND WITHOUT A LAWFUL EXCUSE THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.”,

• or

  “A warrant may be issued for your arrest”,

• there shall be substituted the following:–

  “As this citation is being effected outside the United Kingdom, no obligation under the law of Scotland to comply with the citation is imposed by virtue of its being so effected. Accordingly, failure to comply with the citation does not constitute contempt of court and is not a ground for issuing a warrant to secure your attendance or for imposing a penalty. But this citation may subsequently be effected against you in the United Kingdom, in which case, if you fail to attend without a lawful excuse, the court may issue a warrant for your arrest.”.

(3) Where a document is to be served on a person outside the United Kingdom under section 6 of the Act of 2003 (effecting citation etc. otherwise than by post), it shall be sent by the Clerk of Justiciary, sheriff clerk or clerk of the district court, as the case may be, to the Lord Advocate.

Proof of citation or service outside the United Kingdom S

36.3.   The service on any person of a citation or document under section 6 of the Act of 2003 (effecting citation etc. otherwise than by post) may be proved in any legal proceedings by a certificate given by or on behalf of the Lord Advocate.

Applications for requests for assistance S

36.4.   An application under section 7(1) of the Act of 2003 (application for request for assistance) shall–

(a) be in Form 36.4–A;

(b) be lodged with the Clerk of Justiciary or sheriff clerk, as the case may be;

(c) state the particulars of the offence which it is alleged has been committed or the grounds on which it is suspected that an offence has been committed;

(d) state whether proceedings in respect of the offence have been instituted or the offence is being investigated; and

(e) include particulars of the assistance requested and a draft request in Form 36.4–B.

Hearing of applications for requests for assistance S

36.5.— (1) Where the prosecutor presents an application under section 7(1) of the Act of 2003 (application for request for assistance) before either the first appearance of the accused on petition or the service of a summary complaint, the High Court or the sheriff, as the case may be, shall, without requiring intimation to any other party, proceed to consider the application.

(2) Where any party presents such an application following the first appearance of the accused on petition or the service of a summary complaint, the High Court or sheriff, as the case may be, may–

(a) before the lodging of an indictment, dispense on cause shown with intimation to any other party and proceed to consider the application; or

(b) fix a diet for hearing the application and order intimation of the diet and application to any other party.

(3) The High Court or sheriff, as the case may be, after considering such application—

(a) may allow summary adjustment of the statement of assistance required in the draft request;

(b) shall grant the application, with or without any modifications which it or he deems appropriate, or shall refuse it.

(4) On granting such application the High Court or sheriff, as the case may be, shall–

(a) approve and sign the draft request;

(b) if English is not an official language of the court or authority to which the request is addressed, specify a period within which a translation of the request and of any production is to be lodged.

Register of applications for requests for assistance S

36.6.— (1) A register shall be kept by the Clerk of Justiciary and by the sheriff clerk of applications under section 7(1) of the Act of 2003 (application for request for assistance).

(2) Save as authorised by the court, the register mentioned in paragraph (1) shall not be open to inspection by any person.

Notification of requests for assistance S

36.7.   Where a court sends a request for assistance under section 8 of the Act of 2003 other than on an application by or on behalf of the Lord Advocate, the Clerk of Justiciary or sheriff clerk, as the case may be, shall forthwith notify the Lord Advocate of this and send with the notification a copy of the letter of request.

Citation for proceedings before a nominated court S

36.8.— (1) The warrant to cite a person to proceedings before a nominated court shall be in Form 36.8–A.

(2) The form of postal citation of a person to proceedings before a nominated court shall be in Form 36.8–B; and the person shall complete and return Form 36.8–C to the procurator fiscal.

(3) The form of personal citation of a person to proceedings before a nominated court shall be in Form 36.8–D.

Proceedings before a nominated court S

36.9.— (1) In proceedings before a nominated court–

(a) the procurator fiscal or Crown counsel shall participate in any hearing;

(b) the prosecutor of the requesting country mentioned in the request under section 13(1) of the Act of 2003 (request for assistance from overseas authorities) may participate in any hearing;

(c) where the request under section 13(1) of the Act of 2003 originates from current criminal proceedings any party to or persons with an interest in those proceedings may attend and, with the leave of the court, participate in any hearing;

(d) a judge or investigating magistrate in the current criminal proceedings may participate in any hearing;

(e) a lawyer or person with a right of audience from the requesting country who represents any party to the current criminal proceedings may participate in any hearing;

(f) a solicitor or counsel instructed by any party may participate in any hearing;

(g) any other person may, with the leave of the court, participate in any hearing;

(h) a shorthand writer may be present to record the proceedings; and

(i) the proceedings shall be in private.

(2) Where any person applies for leave to participate in any hearing the court shall, in determining such application, consider any relevant representations made by the court or authority making the request under section 13(1).

Provision of interpreters S

36.10.— (1) This rule applies where a court has been nominated under section 30(3) (nomination to facilitate the giving of evidence by live television link) or section 31(4) (nomination to facilitate the giving of evidence by telephone) of the Act of 2003.

(2) Where it appears to the Clerk of Justiciary or sheriff clerk, as the case may be, that the witness is likely to give evidence in a language other than English, he shall make arrangements for an interpreter to be present at the proceedings to translate what is said into English.

(3) Where it appears to the Clerk of Justiciary or sheriff clerk, as the case may be, that the witness is likely to give evidence in a language other than that in which the proceedings of the external court will be conducted, he shall make arrangements for an interpreter to translate what is said into the language in which the proceedings of the external court will be conducted.

(4) Where the evidence in proceedings before a nominated court is either given in a language other than English or is not translated into English by an interpreter, the High Court or, as the case may be, the sheriff, shall continue the proceedings until such time as a translator can be present to provide a translation into English.

Court record of proceedings before a nominated court S

36.11.— (1) Where a court receives evidence in proceedings by virtue of a nomination under section 15(3) (nomination to receive evidence), section 30(3) (nomination to facilitate the giving of evidence by live television link), or section 31(4) (nomination to facilitate the giving of evidence by telephone) of the Act of 2003, the Clerk of Justiciary or sheriff clerk, as the case may be, shall record in the minute of proceedings–

(a) particulars of the proceedings; and

(b) without prejudice to the generality of (a) above–

(i) which persons were present;

(ii) which of those persons was represented and by whom; and

(iii) whether any of those persons was denied the opportunity of cross-examining a witness as to any part of his testimony.

(2) Save as authorised by the Lord Advocate or, with the leave of the court, the minute of proceedings mentioned in paragraph (1) above shall not be open to inspection by any person.

(3) The Clerk of Justiciary or sheriff clerk, as the case may be, shall send to the Lord Advocate and to the external authority a certified copy of the minute of proceedings.

(4) Where the court has been nominated under section 15(3) of the Act of 2003 the Clerk of Justiciary or sheriff clerk, as the case may be, shall comply with paragraph 6 of Schedule 1 to the Act of 2003 with regard to the forwarding of evidence received by the court.]

F119 CHAPTER 37 S PROCEEDINGS UNDER THE PROCEEDS OF CRIME (SCOTLAND) ACT 1995

Textual Amendments

F119 Sch. 2 Ch. 37AA substituted for Sch. 2 Ch. 37 (24.2.2003 for specified purposes, 24.3.2003 in so far as not already in force) by Act of Adjournal (Criminal Procedure Rules Amendment) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/120), paras. 1(1), 2(2) (with para. 3)

Orders to make material available S

F119 37.1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discharge and variation of orders S

F119 37.2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Warrants to search premises S

F119 37.3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders under sections 25 and 26 S

F119 37.4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals under section 27 S

F119 37.5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F119 Chapter 37AA S PROCEEDINGS UNDER THE PROCEEDS OF CRIME ACT 2002

Interpretation of this Chapter S

37AA.1.   In this Chapter “the Act of 2002” means the Proceeds of Crime Act 2002.

CONFISCATION S

Confiscation orders S

37AA.2.— (1) A request by the prosecutor under subsection (3) of section 92 of the Act of 2002 (making of order) may be made orally at the bar.

(2) A person who wishes to make representations to the court under subsection (8) of section 92 of the Act of 2002 shall do so–

(a) in writing to the Clerk of Court, unless the court otherwise directs; and

(b) by such date as the court directs.

(3) An application under–

(a) subsection (2) of section 111 (conviction or other disposal of accused); or

(b) subsection (2) of section 112 (accused neither convicted nor acquitted),

of the Act of 2002 may be made–

(i) orally at the bar; or

(ii) by minute.

Disposal of family home S

37AA.3.   An application by an administrator under subsection (2) of section 98 of the Act of 2002 (disposal of family home) to dispose of a right or interest in a person’s family home shall be–

(a) by petition; and

(b) served on–

(i) the person in respect of whose right or interest the application is made; and

(ii) any other person likely to be affected by the application.

Application for postponement S

37AA.4.   An application by the accused or the prosecutor for postponement or extension under subsection (7) of section 99 of the Act of 2002 (postponement)–

(a) may be made either–

(i) orally at the bar; or

(ii) in writing by minute; and

(b) may be determined by the court without a hearing.

Statement of information S

37AA.5.— (1) This rule applies where the court ordains the prosecutor to give a statement of information or further statement of information, as the case may be, under any of the following provisions of the Act of 2002:–

(a) subsection (1) of section 101 (statement of information);

(b) subsection (5) of that section; or

(c) paragraph (b) of subsection (2) of section 110 (information).

(2) The prosecutor shall give a statement referred to in the foregoing paragraph within such period as the court determines.

(3) The prosecutor shall serve a copy of a statement given in terms of paragraph (1) on the accused.

(4) An accused who gives an indication under subsection (1) of section 102 of the Act of 2002 (accused’s response to statement of information) shall do so in writing to the Clerk of Court.

Reconsideration of case, benefit or available amount S

37AA.6.— (1) This rule applies to an application by the prosecutor under any of the following provisions of the Act of 2002:–

(a) to consider new evidence under–

(i) paragraph (c) of subsection (1) of section 104 (no order made: reconsideration of case);

(ii) paragraph (b) of subsection (3) of section 105 (no order made: reconsideration of benefit); or

(iii) paragraph (d) of subsection (1) of section 106 (order made: reconsideration of benefit); and

(b) to make a new calculation of the available amount under paragraph (c) of subsection (1) of section 107 (order made: reconsideration of available amount).

(2) An application mentioned in the foregoing paragraph–

(a) shall be made by minute; and

(b) shall be served by the prosecutor on the accused and any other person likely to be affected by it.

Variation or discharge of confiscation order S

37AA.7.— (1) Any of the following applications made under any of the following provisions of the Act of 2002 shall be by minute:–

(a) by the accused or the prosecutor under paragraph (b) of subsection (1) of section 108 (inadequacy of available amount: variation of order);

(b) by the prosecutor under paragraph (b) of subsection (1) of section 109 (inadequacy of available amount: discharge of order);

(c) by the accused under paragraph (e) of subsection (1) of section 113 (variation of order); or

(d) by the accused under–

(i) paragraph (c) of subsection (1); or

(ii) paragraph (d) of subsection (3),

of section 114 (discharge of order).

(2) A party who makes an application mentioned in the foregoing paragraph shall serve a copy on every person likely to be affected by it.

Time for payment S

37AA.8.— (1) An application by the accused under subsection (4) of section 116 of the Act of 2002 (time for payment) may be made–

(a) by minute; or

(b) orally at the bar.

(2) Where an accused makes an application by minute, he shall serve a copy on the prosecutor.

Hearings S

37AA.9.   Any request or application mentioned in the following rules shall be determined at a hearing, unless the court otherwise directs:

(a) [F120 37AA.2] (confiscation orders);

(b) [F120 37AA.3] (disposal of family home);

(c) [F120 37AA.6] (reconsideration of case, benefit or available amount);

(d) [F120 37AA.7] (variation or discharge of confiscation order),

(e) [F120 37AA.8] (time for payment);

(f) [F120 37AA.10] (application, discharge and variation).

Textual Amendments

F120 Words in Sch. 2 rule 37AA.9 substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(15)

INVESTIGATIONS S

Application, discharge and variation S

37AA.10.— (1) The following applications shall be by petition:–

(a) by the appropriate person to the Sheriff under any of the following provisions of the Act of 2002–

(i) subsection (1) of section 380 (production orders);

(ii) subsection (1) of section 387 (search warrants);

(iii) subsection (1) of section 397 (customer information orders);

(iv) subsection (1) of section 404 (account monitoring orders),

in relation to a confiscation investigation or money laundering investigation; and

(b) by the Lord Advocate, to the High Court of Justiciary under subsection (1) of section 391 of that Act (disclosure orders) for a disclosure order in relation to a confiscation investigation.

(2) An application under subsection (2) of section 382 of the Act of 2002 (order to grant entry)–

(a) may be included in a petition in respect of an application under paragraph (1)(a)(i) of this rule; or

(b) if made after the lodging of the petition, shall be by minute,

and paragraph (3) of this rule shall apply to such an application.

(3) An application under any of the following provisions of the Act of 2002 shall be by minute and shall be intimated to any person affected by it:–

(a) subsection (4) of section 386 (production orders: supplementary) to discharge or vary a production order or an order to grant entry;

(b) subsection (4) of section 396 (disclosure orders: supplementary) to discharge or vary a disclosure order;

(c) subsection (4) of section 403 (customer information orders: supplementary) to discharge or vary a customer information order;

(d) subsection (4) of section 408 (account monitoring orders: supplementary) to discharge or vary an account monitoring order.]

[F121 CHAPTER 37A S PROCEEDINGS UNDER SECTION 7 OF THE KNIVES ACT 1997

Textual Amendments

F121 Sch. 2 Ch. 37A inserted (1.9.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) 1997 (S.I. 1997/2081), paras. 1(1), 2(2)

37A   An application to the sheriff under section 7(3) of the Knives Act 1997 (recovery order for delivery of property to applicant if it appears to court that he owns it) shall be made by petition in Form 37A.] S

[F122 CHAPTER 38 S TRANSFER OF RIGHTS OF APPEAL OF DECEASED PERSONS

Textual Amendments

F122 Sch. 2 Ch. 38 inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(5)

Applications for transfer under section 303A of the Act of 1995 S

38.   Any application to the High Court under section 303A of the Act of 1995 for an order authorising a person (the “applicant”) as executor, or as the case may be by reason of his having a legitimate interest, to institute or continue any appeal which could have been or has been instituted by a deceased person shall be made in Form 38 and shall be accompanied by a copy of the confirmation of the applicant as executor or evidence of his legitimate interest, as the case may be.]

[F123 CHAPTER 39 S PROCEEDINGS UNDER CRIMINAL LAW (CONSOLIDATION) (SCOTLAND) ACT 1995

Textual Amendments

F123 Sch. 2 Ch. 39 inserted (21.11.1997) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No. 7) 1997 (S.I. 1997/2653), paras. 1(1), 2(3)

Orders to make material available S

39.1— (1) An application by the procurator fiscal to the sheriff for an order under section 31(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (order to make material available in investigation into drug trafficking) shall be made by petition; and section 134 of the Act of 1995 (incidental applications) shall apply to an application under section 31(2) as it applies to an application to which section 134 applies.

(2) The sheriff may make the order sought in the petition under paragraph (1) before intimation of the petition to the person who appears to him to be in possession of the material to which the application relates.

(3) An application by the procurator fiscal for an order under section 31(5) of the Criminal Law (Consolidation) (Scotland) Act 1995 (order allowing constable or person commissioned by Customs and Excise access to premises to obtain material) may be made in the petition applying for an order under section 31(2) of that Act; and paragraph (2) shall apply to an order in respect of a person who appears to the sheriff to be entitled to grant entry to the premises in question as it applies to an order in respect of the person mentioned in that paragraph.

Discharge and variation of orders S

39.2.— (1) A person in respect of whom an order has been made under section 31(2) or (5) of the Criminal Law (Consolidation) (Scotland) Act 1995 may apply to the sheriff for discharge or variation of the order in question.

(2) The sheriff may, after hearing the parties, grant or refuse to grant the discharge or variation sought.

Warrants to search premises S

39.3.   An application by the procurator fiscal to the sheriff under section 32(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (authority for search) shall be made by petition; and section 134 of the Act of 1995 (incidental applications) shall apply to an application under section 32(1) as it applies to an application to which section 134 applies.]

[F124 Chapter 40 S DEVOLUTION ISSUES

Textual Amendments

F124 Sch. 2 Ch. 40 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(2)

Interpretation of this Chapter S

40.1.   –

(1) In this Chapter–

“Advocate General” means the Advocate General for Scotland;

“devolution issue” means a devolution issue within the meaning of–

(a)

Schedule 6 to the Scotland Act 1998;

(b)

Schedule 10 to the Northern Ireland Act 1998; or

(c)

Schedule 8 to the Government of Wales Act 1998,

and any reference to Schedule 6, Schedule 10 or Schedule 8 is a reference to that Schedule to, respectively, the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 1998;

“the Judicial Committee” means the Judicial Committee of the Privy Council;

“relevant authority” means the Advocate General and–

(a)

in the case of a devolution issue within the meaning of Schedule 6, the Lord Advocate;

(b)

in the case of a devolution issue within the meaning of Schedule 10, the Attorney General for Northern Ireland, and the First Minister and deputy First Minister acting jointly;

(c)

in the case of a devolution issue within the meaning of Schedule 8, the National Assembly for Wales.

(2) For the purposes of this Chapter, a trial shall be taken to commence–

(a) in proceedings on indictment, when the oath is administered to the jury;

(b) in summary proceedings, when the first witness is sworn.

(3) Rule 2.1 (service on the Crown) does not apply to any requirement to serve any document on or give any notice or intimation of any matter to the Lord Advocate in pursuance of this Chapter.

Raising devolution issues: proceedings on indictment S

40.2.   –

(1) Where a party to proceedings on indictment proposes to raise a devolution issue he shall, not later than 7 days after the date of service of the indictment, give written notice of his intention to do so in Form 40.2A to the clerk of the court in which the trial is to take place; and a copy of the notice shall, at the same time, be served on the other parties to the proceedings and on the relevant authority.

(2) The copy notice served on the relevant authority under paragraph (1) shall be treated as intimation of the devolution issue arising in the proceedings as mentioned in paragraph 5 of Schedule 6 or, as the case may be, paragraph 23 of Schedule 10 or paragraph 14(1) of Schedule 8, unless the court determines that no devolution issue arises in the proceedings.

(3) Where a relevant authority wishes to become a party to the proceedings as mentioned in paragraph 6 of Schedule 6 or, as the case may be, paragraph 24 of Schedule 10 or paragraph 14(2) of Schedule 8, he shall, not later than 7 days after receipt of the notice served under paragraph (1), give notice in Form 40.2B to the clerk of the court in which the trial is to take place; and a copy of such notice shall be served on the Lord Advocate and every other party to the proceedings.

[F125 (3a) Where a relevant authority does not become a party to the proceedings at first instance the court may allow him to become a party to any subsequent appeal or reference to a higher court.]

(4) A record of any notice given under paragraph (1) or (3) shall be made on the record copy of the indictment or in the record of the proceedings, as the case may be.

(5) This Rule is without prejudice to any right of or requirement upon any party to the proceedings to raise any matter [F126 objection, preliminary plea or preliminary issue].

Textual Amendments

F125 Sch. 2 rule 40.2(3a) inserted (7.4.2000) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2000 (S.S.I. 2000/65), paras. 1(1), 3(1)

F126 Words in Sch. 2 rule 40.2(5) substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(17) (with para. 2(2)-(4))

Raising devolution issues: summary proceedings S

40.3.   –

(1) Where a party to summary proceedings proposes to raise a devolution issue he shall, before the accused or, where there is more than one accused, any accused is called upon to plead, give notice of his intention to raise the devolution issue in Form 40.3A to the clerk of court; and a copy of the notice shall, at the same time, be served on other parties to the proceedings and on the relevant authority.

(2) The copy notice served on the relevant authority under paragraph (1) shall be treated as intimation of the devolution issue arising in the proceedings as mentioned in paragraph 5 of Schedule 6 or, as the case may be, paragraph 23 of Schedule 10 or paragraph 14(1) of Schedule 8, unless the court determines that no devolution issue arises in the proceedings.

(3) Where notice is given under paragraph (1) the court, unless it determines that no devolution issue arises in the proceedings, shall adjourn the case under section 145 of the Act of 1995.

(4) Where a relevant authority wishes to become a party to the proceedings as mentioned in paragraph 6 of Schedule 6 or, as the case may be, paragraph 24 of Schedule 10 or paragraph 14(2) of Schedule 8, he shall, not later than 7 days after receipt of the notice served under paragraph (1), give notice to the clerk of court in Form 40.3B of his intention to do so: and he shall, at the same time, serve a copy of that notice on any other relevant authority and on every other party to the proceedings.

[F127 (5) Where a relevant authority does not become a party to the proceedings at first instance the court may allow him to become a party to any subsequent appeal or reference to a higher court.]

Textual Amendments

F127 Sch. 2 rule 40.3(5) inserted (7.4.2000) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2000 (S.S.I. 2000/65), paras. 1(1), 3(1)

Raising devolution issues: other criminal proceedings S

40.4.   –

(1) This Rule applies to criminal proceedings which are not proceedings on indictment or summary proceedings.

(2) Where a party to proceedings to which this Rule applies proposes to raise a devolution issue he shall give notice of his intention to raise the devolution issue in Form 40.4A to the clerk of court; and a copy of the notice shall, at the same time, be served on the other parties to the proceedings and on the relevant authority.

(3) The copy notice served on the relevant authority under paragraph (2) shall be treated as intimation of the devolution issue arising in the proceedings as mentioned in paragraph 5 of Schedule 6 or, as the case may be, paragraph 23 of Schedule 10 or paragraph 14(1) of Schedule 8, unless the court determines that no devolution issue arises in the proceedings.

(4) Where a relevant authority wishes to become a party to the proceedings as mentioned in paragraph 6 of Schedule 6 or, as the case may be, paragraph 24 of Schedule 10 or paragraph 14(2) of Schedule 8, he shall, not later than 7 days after receipt of the notice served under paragraph (1), give notice to the clerk of court in Form 40.4B of his intention to do so: and he shall, at the same time, serve a copy of that notice on any other relevant authority and on every other party to the proceedings.

[F128 (5) Where a relevant authority does not become a party to the proceedings at first instance the court may allow him to become a party to any subsequent appeal or reference to a higher court.]

Textual Amendments

F128 Sch. 2 rule 40.4(5) inserted (7.4.2000) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2000 (S.S.I. 2000/65), paras. 1(1), 3(1)

Time for raising devolution issue S

40.5.   –

(1) No party to criminal proceedings shall raise a devolution issue in those proceedings except as in accordance with Rule 40.2, 40.3 or 40.4, unless the court, on cause shown, otherwise determines.

(2) Where the court determines that a devolution issue may be raised as mentioned in paragraph (1), it shall make such orders as to the procedure to be followed as appear to it to be appropriate and, in particular, it shall make such orders–

(a) as are necessary to ensure that intimation of the devolution issue is given in writing to the relevant authority for the purposes of paragraph 5 of Schedule 6 or, as the case may be, paragraph 23 of Schedule 10 or paragraph 14(1) of Schedule 8; and

(b) as to the time in which any step is to be taken by any party in the proceedings.

Specification of devolution issue S

40.6.   The notice given under paragraph (1) of Rule 40.2 or 40.3 or paragraph (2) of Rule 40.4 shall specify the facts and circumstances and contentions of law on the basis of which it is alleged that a devolution issue arises in the proceedings in sufficient detail to enable the court to determine, for the purposes of paragraph 2 of Schedule 6 or, as the case may be, of Schedule 10 or Schedule 8, whether a devolution issue arises in the proceedings.

Reference of devolution issue to the High Court S

40.7.   –

(1) Where a court, other than a court consisting of two or more judges of the High Court of Justiciary, decides to refer a devolution issue to the High Court of Justiciary under paragraph 9 of Schedule 6 or, as the case may be, paragraph 27 of Schedule 10 or paragraph 17 of Schedule 8, the court shall–

(a) pronounce an order giving directions to the parties about the manner and time in which the reference is to be drafted;

(b) give its reasons for making the reference and cause those reasons to be recorded in the record or minutes of proceedings, as the case may be; and

(c) continue the proceedings from time to time as necessary for the purpose of the reference.

(2) The reference–

(a) shall then be adjusted at the sight of the court in such manner as the court may direct; and

(b) after approval and the making of an appropriate order by the court shall (after the expiry of any period for appeal) be transmitted by the clerk of court to the Clerk of Justiciary with a certified copy of the record or minutes of proceedings, as the case may be, and, where applicable, a certified copy of the relevant indictment or complaint.

(3) Where the court determines that a devolution issue may be raised during a trial, the court shall not refer the devolution issue to the High Court but shall determine the issue itself.

Orders pending determination of devolution issue S

40.8.   –

(1) In any case where a devolution issue arises in criminal proceedings (including proceedings where there is a reference of a devolution issue to the High Court of Justiciary or the Judicial Committee), the court or, in the case of a reference or an appeal to the Judicial Committee, the High Court of Justiciary may make such orders as it considers just and equitable in the circumstances pending the determination of the devolution issue,including–

(a) postponing any diet, including a trial diet, fixed in the case;

(b) making such order as it considers appropriate in relation to bail;

(c) subject to paragraph (2), extending the period within which any step requires to be taken or event to have occurred.

(2) An order under paragraph (1)(c) extending a period which may be extended under section 65 or 147 of the Act of 1995 may be made only by a court which has power to do so under that section; and, for the purposes of that section, the fact that a devolution issue has been raised by the prosecutor shall not, without more, be treated as fault on the part of the prosecutor.

Reference of devolution issue to Judicial Committee S

40.9.   –

(1) This Rule applies where–

(a) a court consisting of two or more judges of the High Court of Justiciary decides to refer a devolution issue to the Judicial Committee under paragraph 11 of Schedule 6 or, as the case may be, paragraph 29 of Schedule 10 or paragraph 19 of Schedule 8; or

(b) a court is required by a relevant authority to refer a devolution issue to the Judicial Committee as mentioned in paragraph 33 of Schedule 6 or, as the case may be, paragraph 33 of Schedule 10 or paragraph 30(1) of Schedule 8.

(2) The court shall–

(a) pronounce an order giving directions to the parties about the manner and time in which the reference is to be drafted;

(b) give its reasons for making the reference and cause those reasons to be recorded in the record or minutes of proceedings, as the case may be; and

(c) continue the proceedings from time to time as necessary for the purpose of the reference.

(3) The reference shall include such matters as may be required by Rule 2.9 of the Judicial Committee (Devolution Issues) Rules 1999 and–

(a) shall be adjusted at the sight of the court in such manner as may be so directed; and

(b) after approval and the making of an appropriate order by the court, shall be transmitted by the clerk of court to the Registrar of the Judicial Committee with a certified copy of the record or minutes of proceedings, as the case may be, and, where applicable, a certified copy of the relevant indictment or complaint.

Procedure on receipt of determination of devolution issue S

40.10.   –

(1) Where, on a reference of a devolution issue the High Court of Justiciary or, as the case may be, the Judicial Committee has determined the issue and the determination has been received by the clerk of the court which made the reference, the determination shall be laid before the court.

(2) On the determination being laid before the court, the court shall then give directions as to further procedure, which directions shall be intimated by the clerk with a copy of the determination to each of the parties to the proceedings.

Procedure following disposal of appeal by Judicial Committee S

40.11.   The High Court of Justiciary shall, on the application of any party to the proceedings, fix a diet for the purpose of disposing of any matter in consequence of a judgment of the Judicial Committee on an appeal under paragraph 13(a) of Schedule 6 or, as the case may be, paragraph 31(a) of Schedule 10 or paragraph 21(a) of Schedule 8.

Orders mitigating the effect of certain decisions S

40.12.   –

(1) In any proceedings where the court is considering making an order under–

(a) section 102 of the Scotland Act 1998;

(b) section 81 of the Northern Ireland Act 1998; or

(c) section 110 of the Government of Wales Act 1998,

(power of the court to vary or suspend the effect of certain decisions), the court shall order intimation of the fact to be made by the clerk of court to every person to whom intimation is required to be given by that section.

(2) Intimation as mentioned in paragraph (1) above shall–

(a) be made forthwith in Form 40.12 by first class recorded delivery post; and

(b) specify 7 days, or such other period as the court thinks fit, as the period within which a person may give notice of his intention to take part in the proceedings.]

[F129 CHAPTER 41 S HUMAN RIGHTS ACT 1998

Textual Amendments

F129 Sch. 2 Ch. 41 inserted (2.10.2000) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Human Rights Act 1998) 2000 (S.S.I. 2000/315), paras. 1(b), 2

Application and interpretation S

41.1.— (1) This Chapter deals with various matters relating to the Human Rights Act 1998.

(2) In this Chapter–

“the 1998 Act” means the Human Rights Act 1998;

“declaration of incompatibility” has the meaning given by section 4 of the 1998 Act.

Evidence of judgments etc S

41.2.— (1) Evidence of any judgment, decision, declaration or opinion of which account has to be taken by the court under section 2 of the 1998 Act shall be given by reference to any authoritative and complete report of the said judgment, decision, declaration or opinion and may be given in any manner.

(2) Evidence given in accordance with paragraph (1) shall be sufficient evidence of that judgment, decision, declaration or opinion.

Declaration of incompatibility S

41.3.— [F130 (1) Where in any proceedings a party seeks a declaration of incompatibility or the court is considering whether to make such a declaration at its own instance–

(a) notice in Form 41.3-A shall be given as soon as reasonably practicable to such person as the Lord Justice General may from time to time direct–

(i) by the party seeking the declaration; or

(ii) by the clerk of court,

as the case may be, provided that there shall be no requirement to give such notice to a party or to the representative of a party; and

(b) where notice is given by the party seeking the declaration the party shall lodge a certificate of notification in process.]

(2) Where any–

(a) Minister of the Crown (or person nominated by him);

(b) member of the Scottish Executive;

(c) Northern Ireland Minister;

(d) Northern Ireland department,

wishes to be joined as a party to proceedings in relation to which the Crown is entitled to receive notice under section 5 of the 1998 Act he or, as the case may be, it shall serve notice in Form 41.3—B to that effect on the Deputy Principal Clerk of Justiciary and shall serve a copy of the notice on all other parties to the proceedings.

Textual Amendments

F130 Sch. 2 rule 41.3(1) substituted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(6)

41.4.   Within 14 days after the date of service of the notice under rule 41.3(2), the person serving the notice shall lodge a minute in the proceedings in Form 41.4 and shall serve a copy of that minute on all other parties to the proceedings.

41.5.   The court may fix a diet for a hearing on the question of incompatibility as a separate hearing from any other hearing in the proceedings and may sist the proceedings if it considers it necessary to do so while the question of incompatibility is being determined.]

[F131 CHAPTER 42 S CONVENTION RIGHTS (COMPLIANCE) (SCOTLAND) ACT 2001

Textual Amendments

F131 Sch. 2 Ch. 42 inserted (21.12.2001) by Act of Adjournal (Criminal Procedural Rules Amendment) (Convention Rights (Compliance) (Scotland) Act 2001) 2001 (S.S.I. 2001/479), paras. 1(b), 2

Application and interpretation S

42.1.— (1) This Chapter applies to punishment part hearings.

(2) In this Chapter—

“the 2001 Act” means the Convention Rights (Compliance) (Scotland) Act 2001;

“punishment part hearing” means a hearing in terms of paragraph 12 of Part 1 [F132 or paragraph 59 of Part 4] of the Schedule to the 2001 Act;

“[F133 life prisoner]” has the meaning given in paragraph 2 of Part 1 of the Schedule to the 2001 Act;

“procedural hearing” means a hearing, held in terms of rule 42.4, for the purpose of determining any matter raised in terms of rule 42.3.

Textual Amendments

F132 Words in Sch. 2 rule 42.1(2) inserted (4.3.2002) by Act of Adjournal (Criminal Procedure Rules Amendment) (Convention Rights (Compliance) (Scotland) Act 2001) 2002 (S.S.I. 2002/137), paras. 1(b), 2(2)(a)

F133 Words in Sch. 2 rule 42.1(2) substituted (4.3.2002) by Act of Adjournal (Criminal Procedure Rules Amendment) (Convention Rights (Compliance) (Scotland) Act 2001) 2002 (S.S.I. 2002/137), paras. 1(b), 2(2)(b)

Intimation S

42.2.— (1) The Deputy Principal Clerk of Justiciary shall intimate the date, time and place of a punishment part hearing in Form 42.2.

Disputed or additional documents S

42.3.— (1) If [F134 a life prisoner] who has received intimation of a punishment part hearing in terms of rule 42.2(1) wishes to—

(a) dispute the terms of any document, or a part of any document, sent to him by the Scottish Ministers in terms of [F135 paragraph 9] of Part 1 [F136 or paragraph 56 of Part 4] of the Schedule to the 2001 Act; or

(b) lodge any other document,

he shall, not later than 21 days before the date of the punishment part hearing, give written intimation to the Deputy Principle Clerk of Justiciary.

(2) [F134 A life prisoner] who gives intimation in terms of paragraph (1) of this rule shall, at the same time, specify the grounds upon which he seeks to—

(a) dispute the document or part of the document; or

(b) lodge any other document,

and shall lodge any document referred to in, or to which he intends to refer, in support of such grounds.

(3) None of the matters mentioned in paragraph (1) of this rule may be raised after the time specified in that paragraph.

Textual Amendments

F134 Words in Sch. 2 rule 42.3 substituted (4.3.2002) by Act of Adjournal (Criminal Procedure Rules Amendment) (Convention Rights (Compliance) (Scotland) Act 2001) 2002 (S.S.I. 2002/137), paras. 1(b), 2(3)

F135 Words in Sch. 2 rule 42.3(1)(a) substituted (4.3.2002) by Act of Adjournal (Criminal Procedure Rules Amendment) (Convention Rights (Compliance) (Scotland) Act 2001) 2002 (S.S.I. 2002/137), paras. 1(b), 2(4)(a)

F136 Words in Sch. 2 rule 42.3(1)(a) inserted (4.3.2002) by Act of Adjournal (Criminal Procedure Rules Amendment) (Convention Rights (Compliance) (Scotland) Act 2001) 2002 (S.S.I. 2002/137), paras. 1(b), 2(4)(b)

Procedural hearing S

42.4.   Where [F137 a life prisoner] gives intimation in terms of paragraph (1) of rule 42.3, there shall, 14 days before the date of the punishment part hearing, be a procedural hearing.]

Textual Amendments

F137 Words in Sch. 2 rule 42.4 substituted (4.3.2002) by Act of Adjournal (Criminal Procedure Rules Amendment) (Convention Rights (Compliance) (Scotland) Act 2001) 2002 (S.S.I. 2002/137), paras. 1(b), 2(3)

[F138 CHAPTER 43 S TERRORISM ACT 2000 AND ANTI-TERRORISM, CRIME AND SECURITY ACT 2001

Textual Amendments

F138 Sch. 2 Ch. 43 inserted (22.12.2001) by Act of Adjournal (Criminal Procedural Rules Amendment No.2) (Terrorism Act 2000 and Anti-Terrorism, Crime and Security Act 2001) 2001 (S.S.I. 2001/486), paras. 1(b), 2

Interpretation S

43.1.— (1) In this Chapter—

“the Act of 2000” means the Terrorism Act 2000; and

“the Act of 2001” means the Anti-Terrorism, Crime and Security Act 2001.

Applications under the Act of 2000 or 2001 S

43.2.— (1) An application under any of the following provisions shall be made by petition:—

(a) paragraph 22(1) (production of material for the purposes of a terrorist investigation) of Schedule 5 to the Act of 2000;

(b) paragraph 30(1) (explanation of material seized or produced shall for the purposes of a terrorist investigation) of Schedule 5 to the Act of 2000;

(c) paragraph 2(b) (procedure for order requiring financial information) of Schedule 6 to the Act of 2000;

(d) paragraph 2(1) (account monitoring order) of Schedule 6A(a) to the Act of 2000;

(e) paragraph 4(1) (discharge or variation of account monitoring order) of Schedule 6A to the Act of 2000;

F139 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F139 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F139 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F139 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F139 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The sheriff may make the order sought in an application under paragraph 22(1) of Schedule 5 to the Act of 2000 before intimation of the application to the person who appears to him to be in possession of the material to which the application relates.

(3) The sheriff may make the order sought in an application under:—

(a) paragraph 2(b) of Schedule 6 to the Act of 2000;

(b) paragraph 2(1) of Schedule 6A to the Act of 2000; or

(c) paragraph 4(1)(a) of Schedule 6A to the Act of 2000,

before intimation of the application to the person who appears to him to be in possession of the information to which the application relates and the person who is the subject of that information.

(4) Notice under paragraph 5(3) of Schedule 1 to the Act of 2001 (release of cash where retention no longer justified) shall be given in writing.]

Textual Amendments

F139 Sch. 2 rules 43.2(1)(f)-(j) omitted (4.3.2002) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Anti-Terrorism, Crime and Security Act 2001) 2002 (S.S.I. 2002/136), paras. 1(b), 2

[F140 CHAPTER 44 S INTERNATIONAL CRIMINAL COURT ACT 2001

Textual Amendments

F140 Sch. 2 Chs. 44, 45 inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(16)

Interpretation of this Chapter S

44.1.   In this Chapter, “the Act of 2001” means the International Criminal Court Act 2001.

Consent to surrender S

44.2.   Consent to surrender given under section 7 of the Act of 2001 (consent to surrender) shall be in writing in Form 44.2.

Waiver of right to review S

44.3.   Waiver given under section 13 of the Act of 2001 (waiver of the right to review) shall be in writing in Form 44.3.

CHAPTER 45 S FUR FARMING (PROHIBITION) (SCOTLAND) ACT 2002

Interpretation of this Chapter S

45.1.   In this Chapter, “the Act of 2002” means the Fur Farming (Prohibition) (Scotland) Act 2002.

Representations in forfeiture orders S

45.2.— (1) This rule applies where the Court is deciding whether to make a forfeiture order in terms of section 2 of the Act of 2002 (forfeiture orders).

(2) A person who wishes to make representations to the court under subsection (7) of section 2 of the Act of 2002 shall do so–

(a) in writing to the Clerk of Court, unless the court otherwise directs; and

(b) by such date as the court directs.]

[F141 CHAPTER 46 S PARENTAL DIRECTIONS UNDER THE SEXUAL OFFENCES ACT 2003

Textual Amendments

F141 Sch. 2 Ch. 46 inserted (1.5.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Sexual Offences Act 2003) 2004 (S.S.I. 2004/206), paras. 1(1), 2(3)

Young offenders: parental directions S

46.1.   Where a court makes a direction under section 89(1) of the Sexual Offences Act 2003 (young offenders: parental directions) in respect of an individual having parental responsibilities in relation to a young offender, the clerk of the court shall—

(a) intimate the making of the direction; and

(b) deliver or send by post a copy of the notice in Form 20.3A-B (notice of requirement to notify police under Part 2 of the Sexual Offences Act 2003),

to that individual and to the chief constable of the police force within the area of which the young offender resides.

Applications to vary, renew or discharge parental directions S

46.2.   An application under section 90(1) of the Sexual Offences Act 2003 (parental directions: variations, renewals and discharges) shall be made by petition in Form 46.2.]

[F142 CHAPTER 47 S PROTECTION OF CHILDREN (SCOTLAND) ACT 2003

Textual Amendments

F142 Sch. 2 Ch. 47 inserted (26.11.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/481), paras. 1(1), 2(5)

References under the Protection of Children (Scotland) Act 2003 S

47.1.   Where section 10(5) of the Protection of Children (Scotland) Act 2003 applies, the clerk of court shall forthwith–

(a) post a notice of reference in Form 47.1; and

(b) transmit, by facsimile or other electronic means, a copy of that notice,

to the Scottish Ministers.]

[F143 CHAPTER 48 S PROTECTION OF CHILDREN AND PREVENTION OF SEXUAL OFFENCES (SCOTLAND) ACT 2005

Textual Amendments

F143 Sch. 2 Ch. 48 inserted (7.10.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Sexual Offences Prevention Orders) 2005 (S.S.I. 2005/472), paras. 1(1), 2(2)

Interpretation S

48.1.   In this Chapter “sexual offences prevention order” means a sexual offences prevention order made where subsection (2) or (3) of section 104 of the Sexual Offences Act 2003 applies.

Sexual offences prevention orders S

48.2.   A sexual offences prevention order shall be in Form 48.2.

Variation, renewal or discharge of sexual offences prevention orders S

48.3.   An application for the variation, renewal or discharge of a sexual offences prevention order shall be made by petition in Form 48.3.]

[F144 CHAPTER 49 S FINANCIAL REPORTING ORDERS

Textual Amendments

F144 Sch. 2 Ch. 49 inserted (1.5.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Financial Reporting Orders) 2006 (S.S.I. 2006/205), paras. 1(1), 2(2)

Interpretation S

49.1.   In this Chapter “financial reporting order” means an order made under section 77(1) of the Serious Organised Crime and Police Act 2005.

Financial reporting orders S

49.2.   A financial reporting order shall be in Form 49.2.

Variation or revocation of financial reporting orders S

49.3.— (1) An application for the variation or revocation of a financial reporting order shall be made by petition in Form 49.3.

(2) On a petition referred to in paragraph (1) being lodged, the court shall—

(a) order intimation of the application to be made to the person in respect of whom the financial reporting order was made or the person to whom reports are to be made under it, as the case may be;

(b) appoint a hearing on the application; and

(c) order intimation of the hearing to the persons referred to in sub-paragraph (a) and to the governor of any institution in which the person in respect of whom the financial reporting order was made is detained.]

[F145 CHAPTER 50 S FOOTBALL BANNING ORDERS

Textual Amendments

F145 Sch. 2 Ch. 50 inserted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(7)

Interpretation S

50.1.   In this Chapter—

“the 2006 Act” means the Police, Public Order and Criminal Justice Act 2006;

“football banning order” means an order made under section 51(2) of the 2006 Act;

“football banning orders authority” has the meaning given in section 69 of the 2006 Act.

Football banning orders S

50.2.   A football banning order shall be in Form 50.2.

Variation or termination of football banning orders S

50.3.— (1) An application for the variation or termination of a football banning order shall be made by petition in Form 50.3.

(2) On a petition referred to in paragraph (1) being lodged, the court shall–

(a) order intimation of the application to–

(i) in the case of an application by the person subject to the order, the football banning orders authority; or

(ii) in any other case, to the person subject to the order;

(b) appoint a hearing on the application; and

(c) order intimation of the hearing to the persons referred to in sub-paragraph (a) and to the governor of any institution in which the person in respect of whom the football banning order was made is detained.]

[F146 CHAPTER 51 S ANIMAL HEALTH AND WELFARE

Textual Amendments

F146 Sch. 2 Ch. 51 inserted (26.3.2007) by Act of Adjournal (Criminal Procedure Rules Amendment) (Animal Health and Welfare etc.) 2007 (S.S.I. 2007/238), paras. 1(1), 2(3)

Interpretation S

51.1.   In this Chapter–

“the 1981 Act” means the Animal Health Act 1981;

“the 2006 Act” means the Animal Health and Welfare (Scotland) Act 2006;

“deprivation order” means an order made under section 28E of the 1981 Act, section 39 of the 2006 Act, or section 47 of the Animal Welfare Act 2006;

“disqualification order” means an order made under section 28F of the 1981 Act or section 40 of the 2006 Act.

Deprivation orders S

51.2.   A deprivation order shall be in Form 51.2.

Representations S

51.3.— (1) Where the court is considering making a deprivation order and it is practicable to do so–

(a) the court shall appoint a diet for parties to be heard; and

(b) the clerk of court shall intimate the diet to the owner of any animal to which the order would apply.

(2) A person who has received intimation under paragraph (1)(b) and wishes to make representations to the court under section 28E(9) of the 1981 Act, section 39(9) of the 2006 Act or section 47(9) of the Animal Welfare Act 2006 shall do so–

(a) in writing to the clerk of court, unless the court otherwise directs; and

(b) by such date as the court directs.

Forms of appeal by person with interest in animal S

51.4.   An application under section 28E(11) of the 1981 Act, section 43(2) of the 2006 Act or section 49(2) of the Animal Welfare Act 2006 (appeal) shall be in Form 51.4.

Disqualification orders S

51.5.   A disqualification order shall be in Form 51.5.

Termination or variation of disqualification orders S

51.6.   An application for the termination or variation of a disqualification order shall be made by petition in Form 51.6.]

APPENDIX

Commencement Information

I159 Sch. 2 Appendix in force at 1.4.1996, see para. 1(1)

Rule 2.2A

[F147 FORM 2.2A S Form of notice to accompany the indictment, lists of witnesses and productions and notice of compearance being served on a solicitor under section 66(6C) of the Criminal Procedure (Scotland) Act 1995]

Textual Amendments

F147 Sch. 2 Appendix Form 2.2A inserted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 1 (with para. 2(2)-(4))

Rule 2.3A

[F148 FORM 2.3A S Form of notice to accompany anything being served on, given, notified or intimated to a solicitor under section 72G of the Criminal Procedure (Scotland) Act 1995]

Textual Amendments

F148 Sch. 2 Appendix Form 2.3A inserted (4.10.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2004 (S.S.I. 2004/434), para. 1(1), sch. Pt. 1

Rule 2.6(1)

FORM 2.6-A S Form of execution of service of indictment and of citation of accused under section 66(2) of the Criminal Procedure (Scotland) Act 1995

Rule 2.6(1A)

F149 [F150 FORM 2.6-AA S Form of execution of citation of accused by notice under section 66(4)(b) of the Criminal Procedure (Scotland) Act 1995]

EXECUTION OF CITATION OF ACCUSED BY AFFIXING A NOTICE

Textual Amendments

F149 Words in Sch. 2 Appendix Form 2.6–AA substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(18)(b) (with para. 2(2)-(4))

F150 Sch. 2 Appendix Form 2.6-AA inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rule 2.6(2)

F151 FORM 2.6-B S Form of execution of service of complaint on accused

Textual Amendments

F151 Words in Sch. 2 Appendix Form 2.6-B inserted (11.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1997 (S.I. 1997/1788), paras. 1(1), 2(4)(a) (with para. 3)

Rule 2.6(2A)

F152 [F153 FORM 2.6-BA S Form of execution of citation of accused by notice under section 141(2A) of the Criminal Procedure (Scotland) Act 1995]

EXECUTION OF CITATION OF ACCUSED BY AFFIXING A NOTICE

Textual Amendments

F152 Words in Sch. 2 Appendix Form 2.6–BA substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(18)(b) (with para. 2(2)-(4))

F153 Sch. 2 Appendix Form 2.6-BA inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rule 2.6(3)

FORM 2.6-C S Form of execution of personal service of citation of a witness at a trial on indictment

Rule 2.6(4)

FORM 2.6-D S Form of execution of personal service of citation of witness to appear at summary trial

Rule 2.6(5)(a)

[F154 FORM 2.6-EA S Form of execution of citation of offender under section 15(5) or 18(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993

EXECUTION OF CITATION

Textual Amendments

F154 Sch. 2 Appendix Forms 2.6-EA-2.6-EF substituted for Form 2.6-E (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 1

Rule 2.6(5)(b)

FORM 2.6-EB S Form of execution of citation of probationer under section 232 or 233 of or paragraph 5(1) of Schedule 6 to the Criminal Procedure (Scotland) Act 1995

EXECUTION OF CITATION

Rule 2.6(5)(c)

FORM 2.6-EC S Form of execution of citation of offender under paragraph 4(1) or 5(3) of Schedule 7 to the Criminal Procedure (Scotland) Act 1995

EXECUTION OF CITATION

Rule 2.6(5)(d)

FORM 2.6-ED S Form of execution of citation of offender under section 239(4) or 240(3) of the Criminal Procedure (Scotland) Act 1995

EXECUTION OF CITATION

Rule 2.6(5)(e)

FORM 2.6-EE S Form of execution of citation of offender under section 245E(3) or 245F(1) of the Criminal Procedure (Scotland) Act 1995

EXECUTION OF CITATION

Rule 2.6(5)(f)

FORM 2.6-EF S Form of execution of citation of offender under section 234E(2) or 234G(1) of the Criminal Procedure (Scotland) Act 1995

EXECUTION OF CITATION]

Rule 2.6(5)]

[F155 FORM 2.6–EG S Form of execution of citation under section 245N(2) or 245P(3) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F155 Sch. 2 Appendix Form 2.6–EG inserted (31.3.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2005 (S.S.I. 2005/160), para. 1(1), sch. Pt. 1

Rule 2.6(6)

FORM 2.6-F S Form of execution of service under rule 2.3(1)

Rule 2.6(7)

[F156 FORM 2.6–G S Form of execution of service etc. of documents under section 66(6C) or section 72G of the Criminal Procedure (Scotland) Act 1995EXECUTION OF SERVICE ON ACCUSED'S SOLICITOR IN SOLEMN PROCEEDINGS]

Textual Amendments

F156 Sch. 2 Appendix Form 2.6–G inserted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 2 (with para. 2(2)-(4))

Rule 3.1(1)(a)(ii)

F157 FORM 3.1-A S Form of summary of proceedings at trial in High Court in Book of Adjournal

Textual Amendments

F157 Sch. 2 Appendix Form 3.1-A omitted (27.10.2003) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(a)

...

Rule 3.1(1)(b)(ii)

F158 FORM 3.1-B S Form of summary of proceedings in petition to the High Court in Book of Adjournal

Textual Amendments

F158 Sch. 2 Appendix Form 3.1-B omitted (27.10.2003) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(a)

...

Rule 5.2(1)

FORM 5.2 S Form of record of proceedings at judicial examination

Rule 5.6(1)

FORM 5.6-A S Form of notice of opinion as to error in or incompleteness of transcript of judicial examination under section 38(1)(a) of the Criminal Procedure (Scotland) Act 1995

Rule 5.6(3)

FORM 5.6-B S Form of application for rectification of transcript of judicial examination under section 38(1)(b) of the Criminal Procedure (Scotland) Act 1995

Rule 5.6(5)(a)

FORM 5.6-C S Form of intimation of agreement for the purposes of section 38(1)(a) of the Criminal Procedure (Scotland) Act 1995

Rule 5.8(2)(c)(i)

FORM 5.8 S Form of intimation by prosecutor of postponement of trial diet under section 37(7)(b) of the Criminal Procedure (Scotland) Act 1995

Rule 7.1(1)

[F159 FORM 7.1 S Form of written application for assessment order under sections 52B(1) and 52C(1) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F159 Sch. 2 Appendix Forms 7.1-A, 7.1-B substituted for Sch. 2 Appendix Forms 7.1-7.6 (5.10.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Mental Health (Care and Treatment) (Scotland) Act 2003) 2005 (S.S.I. 2005/457), para. 1(1), sch.

Rule 7.3(1)

FORM 7.3 S Form of written application for treatment order under sections 52K(1) and 52L(1) of the Criminal Procedure (Scotland) Act 1995

Rule 7.5

FORM 7.5 S Form of order for diet of hearing and warrant to bring accused to court for hearing on variation of assessment order under section 52G(9) or review of treatment order under section 52Q of the Criminal Procedure (Scotland) Act 1995

Rule 7.6(1)]

FORM 7.6 S Form of order for diet and warrant to bring offender to court for hearing on interim compulsion order

Rule 7.9]

[F160 FORM 7.9 S Form of note of appeal under section 62 or 63 of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F160 Sch. 2 Appendix Form 7.9 inserted (2.5.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2007 (S.S.I. 2007/276), para. 1(1), sch. Pt. 1

Rule 8.1(1)

[F161 FORM 8.1-A S Form of note of appeal against grant or refusal of extension of period of 11 or 12 months under section 65(8) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F161 Sch. 2 Appendix Forms 8.1–A, 8.1–B substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 3 (with para. 2(2)-(4))

Rule 8.1(2)]

FORM 8.1-B S Form of note of appeal against grant or refusal of extension of 80, 110 or 140 days period of committal under section 65(8) of the Criminal Procedure (Scotland) Act 1995

Rule 8.2(1)]

[F162 FORM 8.2-A S Form of notice of citation to be affixed to the door of the relevant premises under section 66(4)(b) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F162 Sch. 2 Appendix Forms 8.2–A - 8.2–H substituted for Sch. 2 Appendix Forms 8.2-A - 8.2-E (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 4 (with para. 2(2)-(4))

Rule 8.2(1A)

[F163 FORM 8.2-AA S Form of notice of citation be affixed to the door of the accused’s dwelling-house or place of business under section 66(4)(b) of the Criminal Procedure (Scotland) Act 1995]

Textual Amendments

F163 Sch. 2 Appendix Form 8.2-AA inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rules 8.2(2), 9A.3 and 12.7 ]

[F162 FORM 8.2-B S Form of notice to appear under section 66(6) of the Criminal Procedure (Scotland) Act 1995

Rule 8.2(2)]

[F164 Form 8.2-BA S Form of notice to accused to appear under section 66(6) of the Criminal Procedure (Scotland) Act 1995 where the charge in the indictment is of committing a sexual offence to which section 288C of the Criminal Procedure (Scotland) Act 1995 applies

Textual Amendments

F164 Sch. 2 Appendix Form 8.2-BA inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), para. 1(1), sch. 1

Rules 8.2(2), 9A.3 and 12.7]

[F165 FORM 8.2–C S Form of notice to accused to appear under section 66(6) of the Criminal Procedure (Scotland) Act 1995 where the charge in the indictment is of committing a sexual offence to which section 288C, or an offence to which section 288E, of the Criminal Procedure (Scotland) Act 1995 applies.

Textual Amendments

F165 Sch. 2 Appendix Form 8.2–C substituted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), para. 1(1), sch. Pt. 1 (with para. 2(2))

Rule 8.2(3)]

[F162 FORM 8.2-D S Form of postal citation of witness to appear at a trial on indictment

Rule 8.2(3)]

[F162 FORM 8.2-E S Form of response form to be completed and returned by witness cited to appear at trial on indictment WITNESS RESPONSE FORM

Rule 8.2(4)]

[F162 FORM 8.2–F S Form of personal citation of witness to appear at a trial on indictment

Rule 8.2(1)]

[F162 FORM 8.2-G S Form of notice of citation of body corporate to be affixed to the door of the relevant premises under section 66(4)(b) of the Criminal Procedure (Scotland) Act 1995

Rule 8.2(5)]

[F162 FORM 8.2-H S Form of notice for body corporate to appear under section 66(6) of the Criminal Procedure (Scotland) Act 1995

Rule 8.3

F166 FORM 8.3 S Form of notice of previous convictions in solemn proceedings

Textual Amendments

F166 Words in Sch. 2 Appendix Form 8.3 inserted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(7)(a)

Rule 8A.1(1)

[F167 FORM 8A.1-A S Form of notification of engagement as solicitor in solemn proceedings

Textual Amendments

F167 Sch. 2 Appendix Forms 8A.1–A and 8A.1-B inserted (4.10.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2004 (S.S.I. 2004/434), para. 1(1), sch. Pt. 2

Rule 8A.1(2)]

FORM 8A.1-B S Form of notification of dismissal or withdrawal of solicitor for accused in solemn proceedings

Rule 9.1(1)]

[F168 FORM 9.1 S Form of minute of notice under section 71(2) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F168 Sch. 2 Appendix Form 9.1 substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 3 (with para. 2(2)-(4))

Rule 9.6(1)]

[F169 FORM 9.6 S Form of note of appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995 against a decision of the sheriff at a first diet

Textual Amendments

F169 Sch. 2 Appendix Form 9.6 substituted for Sch. 2 Appendix Form 9.9 (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 3 (with para. 2(2)-(4))

Rule 9.11(2)]

[F170 FORM 9.11 S Form of minute of abandonment of appeal made under section 74(1) of the Criminal Procedure (Scotland) Act 1995 against a decision of the sheriff at a first dietNOTICE OF ABANDONMENT OF APPEAL

Textual Amendments

F170 Sch. 2 Appendix Form 9.11 substituted for Sch. 2 Appendix Form 9.17 (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 3 (with para. 2(2)-(4))

Rule 9A.1(1)

[F171 FORM 9A.1 S Form of minute of notice under section 72(3) or (6)(b)(i) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F171 Sch. 2 Appendix Forms 9A.1 - 9B.1 substituted for Sch. 2 Appendix Form 9.12 (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 5 (with para. 2(2)-(4))

Rule 9A.2(1)

FORM 9A.2 S Form of application for dispensing with a preliminary hearing

Rule 9A.4(1)

FORM 9A.4 S Form of written record of state of preparation

Rule 9A.7

FORM 9A.7 S Form of note of appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995 against a decision of the High Court at a preliminary hearing

Rule 9A.8

FORM 9A.8 S Form of minute of abandonment of appeal made under section 74(1) of the Criminal Procedure (Scotland) Act 1995 against a decision of the court at a preliminary hearing

Rule 9B.1(1)]

FORM 9B.1 S Form of minute of notice under section 79A(2) of the Criminal Procedure (Scotland) Act 1995

Rule 10.1(1)(a)

F172 FORM 10.1-A S Form of notice of special diet where accused intends to plead guilty (where indictment not already served)

Textual Amendments

F172 Words in Sch. 2 Appendix Form 10.1-A substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(c)

Rule 10.1(1)(b)

F173 FORM 10.1-B S Form of notice of special diet where accused intends to plead guilty (where indictment already served)

Textual Amendments

F173 Words in Sch. 2 Appendix Form 10.1- B substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(c)

Rule 12.1(3)]

[F174 FORM 12.1 S Form of intimation by prosecutor of adjournment of diet under section 75A of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F174 Sch. 2 Appendix Form 12.1 substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 6 (with para. 2(2)-(4))

Rule 12.2(1)]

[F175 FORM 12.2-A S Form of minute for alteration of diet under section 75A of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F175 Sch. 2 Appendix Form 12.2–A substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 6 (with para. 2(2)-(4))

Rule 12.2(2)]

[F176 FORM 12.2-B S Form of joint minute for alteration of diet under section 75A of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F176 Sch. 2 Appendix Form 12.2–B substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 6 (with para. 2(2)-(4))

Rule 12.7]

[F177 FORM 12.7 S Form of minute of continuation of a floating trial diet in the High Court of Justiciary

Textual Amendments

F177 Sch. 2 Appendix Form 12.7 substituted for Sch. 2 Appendix Form 12.6 (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 6 (with para. 2(2)-(4))

Rule 13.2(1)

FORM 13.2-A S Form of citation of person summoned to serve as a juror under section 85(4) of the Criminal Procedure (Scotland) Act 1995

Rule 13.2(2)

FORM 13.2-B S Form of certificate of execution of service and citation of witness under section 85(4) of the Criminal Procedure (Scotland) Act 1995

Rule 13A.2(1)

[F178 FORM 13A.2–A S Form of application for warrant for the apprehension of a witness under section 90A or 90D of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F178 Sch. 2 Appendix Forms 13A.2-A - 13A.4 inserted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 7 (with para. 2(2)-(4))

Rule 13A.2(3)

FORM 13A.2–B S Form of warrant for the apprehension of a witness under section 90A of the Criminal Procedure (Scotland) Act 1995

Rule 13A.3

FORM 13A.3 S Form of application for review under section 90D(1) of the Criminal Procedure (Scotland) Act 1995

Rule 13A.4]

FORM 13A.4 S Form of note of appeal under section 90E(1) of the Criminal Procedure (Scotland) Act 1995

Rule 13A.1]

[F179 [F180 Form 13A.1] S Form of citation of witness for precognition under section 267A of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F179 Sch. 2 Appendix Form 13A.1-A inserted (4.10.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2004 (S.S.I. 2004/434), para. 1(1), sch. Pt. 3

F180 Sch. 2 Appendix Form 13A.1-A renumbered as Form 13A.1 (26.11.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/481), paras. 1(1), 2(6)(a)

Rule 14.3(1)

FORM 14.3-A S Form of oath for jurors

Rule 14.3(2)

FORM 14.3-B S Form of affirmation for juror

Rules 14.5(1) and 18.2(1)

FORM 14.5-A S Form of oath for witnesses

Rules 14.5(2) and 18.2(2)

FORM 14.5-B S Form of affirmation for witnesses

Rule 14.7

FORM 14.7 S Form of minute of recording of proceedings

Rule 15.2(1)

F181 FORM 15.2-A S Form of intimation of intention to appeal under section 109(1) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F181 Words in Sch. 2 Appendix Form 15.2-A inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(d)

Rule 15.2(2) and (6)

F182 FORM 15.2-B S Form of note of appeal under section 110(1) of the Criminal Procedure (Scotland) Act 1995 or section 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1993

Textual Amendments

F182 Words in Sch. 2 Appendix Form 15.2-B inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(d)

Rule 15.2(3)

FORM 15.2-C S Form of application for extension of time under section 111(2) of the Criminal Procedure (Scotland) Act 1995

Rule 15.2(4)

F183 FORM 15.2-D S Form of petition to High Court of Justiciary for bail pending appeal

Textual Amendments

F183 Words in Sch. 2 Appendix Form 15.2-D inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(d)

Rule 15.3(1)

FORM 15.3-A S Form of notification of decision of single judge under section 103(5) of the Criminal Procedure (Scotland) Act 1995

Rule 15.3(2)

F184 FORM 15.3-B S Form of application for determination by High Court under section 103(6) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F184 Words in Sch. 2 Appendix Form 15.3-B inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(d)

Rule 15.5A(3)]

[F185 Form 15.5A–A S HIGH COURT OF JUSTICIARY, EDINBURGHNOTICE OF INTIMATION OF PROCEDURAL HEARING

Textual Amendments

F185 Sch. 2 Appendix Form 15.5A-A inserted (26.8.2002) by Act of Adjournal (Criminal Appeals) 2002 (S.S.I. 2002/387), para. 1(2), sch.

Rule 15.5A(4)]

[F186 Form 15.5A–B S HIGH COURT OF JUSTICIARY, EDINBURGHPROCEDURAL HEARING

Textual Amendments

F186 Sch. 2 Appendix Form 15.5A-B inserted (26.8.2002) by Act of Adjournal (Criminal Appeals) 2002 (S.S.I. 2002/387), para. 1(2), sch.

Rule 15.16]

[F187 Form 15.16 S HIGH COURT OF JUSTICIARY, EDINBURGH

Textual Amendments

F187 Sch. 2 Appendix Form 15.16 inserted (1.9.2003) by Act of Adjournal (Criminal Appeals) 2003 (S.S.I. 2003/387), para. 1(1), sch. (with para. 4)

Rule 15.6

FORM 15.6 S Form of notice of abandonment of appeal

Rule 15.8(3)

FORM 15.8 S Form of notice to Secretary of State for the purposes of section 117(4) of the Criminal Procedure (Scotland) Act 1995

Rule 15.11(2)(a)

FORM 15.11-A S Form of application to sheriff for suspension of order for disqualification pending appeal

Rule 15.11(3)(a)

FORM 15.11-B S Form of petition to High Court of Justiciary for suspension of order for disqualification from driving pending appeal

[F188 FORM 15.12A-A S

Textual Amendments

F188 Sch. 2 Appendix Form 15.12A-A inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 1

Form of petition to High Court of Justiciary for suspension of sentence where intimation of intention to appeal lodged

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE CLERK and LORDS COMMISSIONERS OF JUSTICIARY

PETITION

of

[A.B.]  (address) S

• [orPrisoner in the Prison of (place)]

• PETITIONER

• under

• section 121A of the Criminal Procedure (Scotland) Act 1995

• HUMBLY SHEWETH:

Textual Amendments

F188 Sch. 2 Appendix Form 15.12A-A inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 1

1.   That on (date) the petitioner was convicted in the High Court of Justiciary [or sheriff court] at (place) of (specify offence) and was sentenced to (specify relevant sentence). S

Textual Amendments

F188 Sch. 2 Appendix Form 15.12A-A inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 1

2.   That on (date) the petitioner lodged with the Clerk of Justiciary an intimation of intention to appeal under section 109(1) of the Criminal Procedure (Scotland) Act 1995. S

Textual Amendments

F188 Sch. 2 Appendix Form 15.12A-A inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 1

3.   That (state facts relevant to application). S

Textual Amendments

F188 Sch. 2 Appendix Form 15.12A-A inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 1

4.   That the applicant has served a copy of this application on the Crown Agent. S

• MAY IT THEREFORE please your Lordships under section 121A of the Criminal Procedure (Scotland) Act 1995 to suspend ad interim the sentence.

• ACCORDING TO JUSTICE, etc.

• (Signed)

• [Solicitor for petitioner]

• (Address and telephone number of solicitor)]

Textual Amendments

F188 Sch. 2 Appendix Form 15.12A-A inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 1

Rule 15.12A(2)

[F189 FORM 15.12A-B S Form of petition to High Court of Justiciary for suspension of sentence pending appeal

Textual Amendments

F189 Sch. 2 Appendix Form 15.12A-B inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 2

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE CLERK and LORDS COMMISSIONERS OF JUSTICIARY

PETITION

of

[A.B.]  (address) S

• [orPrisoner in the Prison of (place)

• orHer Majesty’s Advocate]

• PETITIONER

• under

• section 121A of the Criminal Procedure (Scotland) Act 1995

• HUMBLY SHEWETH:

Textual Amendments

F189 Sch. 2 Appendix Form 15.12A-B inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 2

1.   That on (date) the petitioner [or [A.B.] (address) or Prisoner in the Place of (place)] was convicted in the High Court of Justiciary [or sheriff court] at (place) of (specify offence) and was sentenced to (specify relevant sentence). S

Textual Amendments

F189 Sch. 2 Appendix Form 15.12A-B inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 2

2.   That on (date) the petitioner lodged with the Clerk of Justiciary [a note of appeal under section 110 of the Criminal Procedure (Scotland) Act 1995 in respect of an appeal under section 106(1)(b) to (e) of that Act] [or an appeal under section 108 of the Criminal Procedure (Scotland) Act 1995]. S

Textual Amendments

F189 Sch. 2 Appendix Form 15.12A-B inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 2

3.   That the petitioner has served a copy of this petition on the Crown Agent [or [A.B.]]. S

• MAY IT THEREFORE please your Lordships under section 121A of the Criminal Procedure (Scotland) Act 1995 to suspend ad interim the sentence.

• ACCORDING TO JUSTICE, etc.

• (Signed)

• [Solicitor for petitioner]

• [Advocate Depute [or Procurator Fiscal]

• On behalf of Her Majesty’s Advocate]

• (Address and telephone number of solicitor)]

Textual Amendments

F189 Sch. 2 Appendix Form 15.12A-B inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 2

Rule 16.1(1)

FORM 16.1-A S Form of complaint under section 138(1) of the Criminal Procedure (Scotland) Act 1995

Rule 16.1(2)

F190 FORM 16.1-B S Form of citation of accused in summary proceedings

Textual Amendments

F190 Words in Sch. 2 Appendix Form 16.1-B inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), paras. 1(1), 2(12)(c)

Rule 16.1(3A)]

[F191 Form 16.1-BA S Form of notice to accompany complaint under section 146(3A) of the Criminal Procedure (Scotland) Act 1995 where the accused is charged with a sexual offence to which section 288C of that Act applies

Textual Amendments

F191 Sch. 2 Appendix Form 16.1-BA inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), para. 1(1), sch. 2

Rule 16.1(2A)

[F192 FORM 16.1-BB S Form of notice of citation to be affixed to the door of the accused’s dwelling-house or place of business under section 141(2A) of the Criminal Procedure (Scotland) Act 1995]

Textual Amendments

F192 Sch. 2 Appendix Form 16.1-BB inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rule 16.1(3)(a)

F193 FORM 16.1-C S Form of reply to complaint

Textual Amendments

F193 Words in Sch. 2 Appendix Form 16.1-C substituted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), paras. 1(1), 2(5)(a)

Rule 16.1(3)(b)

FORM 16.1-D S MEANS FORM

Rule 16.1(4)

FORM 16.1-E S Form of notice of previous convictions in summary proceedings

Rule 16.4(1)

FORM 16.4-A S Form of incidental application in summary proceedings

Rule 16.4(2)

FORM 16.4-B S Form of assignation of a diet in summary proceedings

Rule 16.4(3)

F194 FORM 16.4-C S Form of minutes in minute of proceedings

Textual Amendments

F194 Words in Sch. 2 Appendix Form 16.4-C inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), paras. 1(1), 2(12)(e)

Rule 16.5(1)(a)

FORM 16.5-A S Form of warrant to apprehend an accused person referred to in section 135 of the Criminal Procedure (Scotland) Act 1995

Rule 16.5(1)(b)

FORM 16.5-B S Form of warrant to search referred to in section 135 of the Criminal Procedure (Scotland) Act 1995

Rule 16.5(2)

FORM 16.5-C S Form of warrant to detain accused in prison or adjourning the case against him

Rule 16.6(1)

FORM 16.6-A S Form of postal citation of witness to appear in summary proceedings

Rule 16.6(1)

FORM 16.6-B S Form of reply slip to be completed and returned by witness cited to appear at trial on summary complaint

Rule 16.6(2)

FORM 16.6-C S Form of personal citation of witness to appear at trial on summary complaint

Rule 16.7(2)

FORM 16.7 S Form of petition to postpone or accelerate diet in summary proceedings

Rule 17.1(1)

FORM 17.1 S Form of note of appeal against grant or refusal of extension of 40 days period under section 147(3) of the Criminal Procedure (Scotland) Act 1995

Rule 18.3

FORM 18.3 S Form of warrant to apprehend witness who has failed to answer a citation

Rule 18.6

FORM 18.6 S Form of order of detention in precincts of court under section 169(1) of the Criminal Procedure (Scotland) Act 1995

Rule 19.1(4)

FORM 19.1-A S Form of note of appeal against decision relating to a preliminary plea

Rule 19.1(11)

FORM 19.1-B S Form of minute of abandonment of appeal

Rule 19.2(1)

F195 FORM 19.2-A S Form of application for stated case

Textual Amendments

F195 Sch. 2 Appendix Form 19.2-A para.4: words “for interim suspension of sentence under section 193A of the Criminal Procedure (Scotland) Act 1995” inserted after word “Acts,” (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(6)(b)

Rule 19.2(2)

FORM 19.2-B S Form of stated case

Rule 19.2(3)

F196 FORM 19.2-C S Form of minutes of procedure in appeal by stated case

Textual Amendments

F196 Sch. 2 Appendix Form 19.2-C: entry relating to section 193A of the Criminal Procedure (Scotland) Act 1995 inserted into table (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(6)(c)

Rule 19.3(1)

F197 FORM 19.3-A S Form of note of appeal against sentence under section 186(1) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F197 Sch. 2 Appendix Form 19.3-A: para. 3 words “for interim suspension of sentence under section 193A of the Criminal Procedure (Scotland) Act 1995” inserted after word “Acts,” (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(6)(d)

Rule 19.3(2)

FORM 19.3-B S Form of minutes of procedure in note of appeal against sentence alone under section 186(1) of the Criminal Procedure (Scotland) Act 1995

Rule 19.4

FORM 19.4 S Form of extension of time by sheriff principal

Rule 19.5

FORM 19.5 S Form of minute abandoning appeal under section 184(1) of the Criminal Procedure (Scotland) Act 1995

Rule 19.6(2)

FORM 19.6 S Form of minute abandoning appeal under section 175(8) of the Criminal Procedure (Scotland) Act 1995

Rule 19.7

FORM 19.7 S Form of minute of abandonment of appeal against sentence alone under section 186(9) of the Criminal Procedure (Scotland) Act 1995

Rule 19.9(3)

FORM 19.9 S Form of application to High Court for suspension of disqualification from driving

Rule 19.18]

[F198 Form 19.18 S HIGH COURT OF JUSTICIARY, EDINBURGH

Textual Amendments

F198 Sch. 2 Appendix Form 19.18 inserted (1.9.2003) by Act of Adjournal (Criminal Appeals) 2003 (S.S.I. 2003/387), para. 1(1), sch. (with para. 4)

[F199 Form 19C.1-A S

Textual Amendments

F199 Sch. 2 Appendix Forms 19C.1-A-19C.3 inserted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), para. 1(1), sch. Pt. 1

Form 19C.1-B S

Form 19C.1-B S

Form 19C.3] S

20.1(1)]

[F200 FORM 20.1 S Form of sentence of death

Textual Amendments

F200 Sch. 2 Appendix Form 20.1 ceases to have effect (19.5.1999) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1999 (S.I. 1999/1387), paras. 1(1), 2(5)

20.2

FORM 20.2 S Form of order of detention in police custody instead of imprisonment under section 206(2) of the Criminal Procedure (Scotland) Act 1995

Rule 20.3

F201 F202 F203 FORM [F204 20.3-A] S Form of supervised release order under section 209 of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F201 Sch. 2 Appendix Form 20.3: words “Offence(s) of which convicted: Date of offence(s)” inserted after words “Date of Birth:”(7.4.2000) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2000 (S.S.I. 2000/65), paras. 1(1), 2(2)

F202 Sch. 2 Appendix Form 20.3: words “not less than twelve months but” in the first paragraph revoked (7.4.2000) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2000 (S.S.I. 2000/65), paras. 1(1), 2(3)

F203 Sch. 2 Appendix Form 20.3: words “Scottish Ministers” substituted for words “Secretary of State” in both places they appear (7.4.2000) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2000 (S.S.I. 2000/65), paras. 1(1), 2(4)

F204 Sch. 2 Appendix Form 20.3 renumbered as Form 20.3-A (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(e)

Rule 20.3(2)

[F205 FORM 20.3-B S Form of citation of offender under section 15(5) of the Prisoners and Criminal Proceedings (Scotland) Act 1993]

Textual Amendments

F205 Sch. 2 Appendix Form 20.3-B inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rule 20.3(3)

[F206 FORM 20.3-C S Form of citation of offender under section 18(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993]

Textual Amendments

F206 Sch. 2 Appendix Form 20.3-C inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rule 20.3A(1)]

[F207 FORM 20.3A-A S Form of certificate under section 92(2) of the Sexual Offences Act 2003 of conviction or of findingCERTIFICATE UNDER SECTION 92(2) OF THE SEXUAL OFFENCES ACT 2003 OF CONVICTION [or FINDING]

Textual Amendments

F207 Sch. 2 Appendix Form 20.3A-A substituted (1.5.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Sexual Offences Act 2003) 2004 (S.S.I. 2004/206), para. 1(1), sch. 1

Rule 20.3A(2)]

[F208 Form 20.3A-B S Form of notice of requirement to notify police under Part 2 of the Sexual Offences Act 2003

Textual Amendments

F208 Sch. 2 Appendix Form 20.3A-B substituted (2.5.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2007 (S.S.I. 2007/276), para. 1(1), sch. Pt. 2

[F209 FORM 20.3A-C] S

Textual Amendments

F209 Sch. 2 Appendix Form 20.3A-C inserted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), para. 1(1), sch. Pt. 1

Rule 20.4(1)

FORM 20.4-A S Form of direction as to money found on offender under section 212(1) of the Criminal Procedure (Scotland) Act 1995

Rule 20.4(2)

FORM 20.4-B S Form of notice to governor of prison under section 212(7) of the Criminal Procedure (Scotland) Act 1995

Rule 20.5

FORM 20.5 S Form of order for further time for payment of fine under section 214(7) or 215(3) of the Criminal Procedure (Scotland) Act 1995

Rule 20.6(1)

FORM 20.6-A S Form of citation to appear for enquiry under section 216(3)(a) of the Criminal Procedure (Scotland) Act 1995

Rule 20.6(2)

FORM 20.6-B S Form of execution of citation otherwise than by post of offender for enquiry for non-payment of fine

20.6(3)

FORM 20.6-C S Execution of citation by post, warrant to apprehend and record of proceedings at enquiry under section 216 of the Criminal Procedure (Scotland) Act 1995

Rule 20.7

FORM 20.7 S Form of notice of fines supervision order under section 217(7) of the Criminal Procedure (Scotland) Act 1995

Rule 20.8(2)

FORM 20.8 S Form of charge for payment of a fine or other financial penalty

Rule 20.9(1)

FORM 20.9-A S Form and notice of transfer of fine order under section 222(1) of the Criminal Procedure (Scotland) Act 1995

Rule 20.9(2)

FORM 20.9-B S Form and notice of further transfer of fine order by virtue of section 222(5) of the Criminal Procedure (Scotland) Act 1995

Rule 20.9(3)

FORM 20.9-C S Form of notice to offender of transfer of fine order under section 222(1) of the Criminal Procedure (Scotland) Act 1995

Rule 20.10(1)

FORM 20.10-A S Form of probation order made under section 228 of the Criminal Procedure (Scotland) Act 1995

Rule 20.10(2)

F210 FORM 20.10-B S Form of citation of probationer under section 232(1) or 233(1) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F210 Words in Sch. 2 Appendix Form 20.10-B substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(f)

Rule 20.10(3)

[F211 FORM 20.10-C S Form of citation of probationer under paragraph 5(1) of Schedule 6 to the Criminal Procedure (Scotland) Act 1995]

Textual Amendments

F211 Sch. 2 Appendix Form 20.10-C inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rule 20.10A

[F212 FORM 20.10A S Form of non-harassment order made under section 234A of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F212 Sch. 2 Appendix Forms 20.10A, 20.10B inserted (16.6.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Non-harassment order) 1997 (S.I. 1997/1526), para. 1(1), Sch.

NON HARASSMENT ORDER

Under section 234A of the Criminal Procedure (Scotland) Act 1995

COURT:

DATE:

OFFENDER:

Address:

Date of birth:

THE COURT, having convicted the offender of (specify offence or offences), being [an offence][offences] involving harassment, within the meaning of section 8 of the Protection from Harassment Act 1997( of a person;

AND being satisfied, on the balance of probabilities, that it is appropriate to make an order to protect that person from further harassment;

ORDERS that [for a period of (specify period) from the date of this order][until further order] the offender shall (specify conduct from which offender is to refrain).

(Signed)

CLERK OF COURT.]

Rule 20.10B

[F212 FORM 20.10B S Form of application under section 234A(6) of the Criminal Procedure (Scotland) Act 1995

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD

JUSTICE-CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

[or UNTO THE HONOURABLE THE SHERIFF

OF (name of sheriffdom) AT (place)]

[or UNTO THE JUSTICES in the DISTRICT COURT

OF (name of district) AT (place)]

APPLICATION

by

Her Majesty’s Advocate [or

[A.B.] (address) [or Prisoner in the Prison of (place)]

APPLICANT

HUMBLY SHEWETH:

1.

That a non-harassment order was made against [A.B.] on (date) in the High Court of Justiciary sitting [or in the sheriff court or in the district court] at (place) on (date) in terms of the non-harassment order annexed hereto,

2.

That the applicant applies to the court in terms of section 234A(6) of the Act of 1995 to revoke [or vary] the non-harassment order for the following reasons:–

• (here state reasons).

• MAY IT THEREFORE PLEASE YOUR LORDSHIP[S] [OR THE COURT]:

  (a)

  to [revoke the non-harassment order][vary the non-harassment order by (here state terms of variation of order sought)].

  (b)

  or to do otherwise as to your Lordship[s] [OR to the court] shall seem proper.

• IN RESPECT WHEREOF

• (Signed)

• Advocate Depute [or Procurator Fiscal]

• On behalf of Her Majesty’s Advocate [or]

• [Solicitor for [A.B.]

• (Address and telephone number of solicitor)].

Note:

You must notify the clerk of Court within 14 days of the receipt of this application whether or not you intend to oppose it. Failure so to notify will result in the court disposing of the matter in your absence.]

Rule 20.11(1)

FORM 20.11-A S Form of supervised attendance order under section 235(1) of the Criminal Procedure (Scotland) Act 1995

Rule 20.11(2)

FORM 20.11-B S Form of supervised attendance order under section 236 of the Criminal Procedure (Scotland) Act 1995

Rule 20.11(3)

[F213 FORM 20.11-C S Form of citation under paragraph 5(3) of Schedule 7 to the Criminal Procedure (Scotland) Act 1995]

Textual Amendments

F213 Sch. 2 Appendix Form 20.11-C inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rule 20.11(4)

[F214 FORM 20.11-D S Form of citation under paragraph 4(1) of Schedule 7 to the Criminal Procedure (Scotland) Act 1995]

Textual Amendments

F214 Sch. 2 Appendix Form 20.11-D inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rule 20.12(1)

FORM 20.12-A S Form of community service order made under section 238 of the Criminal Procedure (Scotland) Act 1995

Rule 20.12(2)

F215 FORM 20.12-B S Form of citation of offender under section 239(4) or 240(3) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F215 Sch. 2 Appendix Form 20.12-B substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 2

F216 F217 Form 20.12A-A S

Textual Amendments

F216 Words in Sch. 2 Appendix Form 20.12A-A inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(g)

F217 Words in Sch. 2 Appendix Form 20.12A-A inserted (4.10.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2004 (S.S.I. 2004/434), paras. 1(1), 2(7)(d)

RESTRICTION OF LIBERTY ORDER

under section 245A(1) of the Criminal Procedure (Scotland) Act 1995

COURT:

DATE:

OFFENDER'S NAME, ADDRESS AND DATE OF BIRTH:

[F216 OFFENDER'S TELEPHONE NUMBER (if available):

(If a phone number is not available, specify how the number is to be provided).]

OFFENCE FOR WHICH CONVICTED:

THE COURT, having convicted (name of offender) of (specify offence) and being satisfied that the most appropriate method of disposal is to make an order under subsection (1) of section 245A of the Criminal Procedure (Scotland) Act 1995;

AND having complied with any requirement imposed on it by subsection (6) of, and provided the offender with the explanation required by subsection (4) of, that section and obtained from him his agreement that he will comply with the requirements of the proposed order;

ORDERS that for (specify, as respects a day [or week], a period in that day [or week]) the offender shall be in (specify a place) [or that at (specify a time) [or during (specify a period)] the offender shall not be in (specify a place)].

[F217 [ORDERS that the offender shall continuously [or (specify)] wear or carry a device for the purposes of enabling the remote monitoring of his compliance with this order to be carried out.]

[ORDERS that the offender shall not tamper with or intentionally damage the device or knowingly allow it to be tampered with or intentionally damaged.]]

(Signed)

Clerk of Court.

Date:

Note: (Name and address of monitor) has been designated by the court, under section 245B(2) of the Criminal Procedure (Scotland) Act 1995, as the person responsible for monitoring the offender’s compliance with this order.

I confirm that I understand the requirements of this order and will comply with them.

• (Signed)

• Offender.

F218 [F219 Form 20.12A-B S Form of application under section 245E(1) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F218 Words in Sch. 2 Appendix Form 20.12A-B substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(h)

F219 Sch. 2 Appendix Form 20.12A-B inserted (17.8.1998) by Act of Adjournal (Criminal Procedure Rules Amendment) (Restriction of Liberty Orders) 1998 (S.I. 1998/1842), para. 1(1), Sch.

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE-CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

[or Unto The Honourable The Sheriff of (name of sheriffdom)

At (place)]

[or Unto The [F218 Stipendiary Magistrates] In The District Court Of (name of district) At (place)]

Application

by

(name of offender) (address) [or Prisoner

in the Prison of (place)]

[orname and address of applicant with responsibility for monitoring offender’s compliance with restriction of liberty order]

APPLICANT

HUMBLY SHEWETH

1.   That a restriction of liberty order, a copy of which is annexed to this application, was made in respect of (name of offender) on (date) in the High Court of Justiciary sitting [ or in the sheriff court or in the district court] at (place). S

Textual Amendments

F219 Sch. 2 Appendix Form 20.12A-B inserted (17.8.1998) by Act of Adjournal (Criminal Procedure Rules Amendment) (Restriction of Liberty Orders) 1998 (S.I. 1998/1842), para. 1(1), Sch.

2.   That the applicant applies to the court in terms of subsection (1) of section 245E of the Criminal Procedure (Scotland) Act 1995 to revoke [or vary] the order for the following reason– S

• (statement of reason)

• MAY IT THEREFORE PLEASE YOUR LORDSHIP[S] [OR THE COURT]:

  (a)

  to [revoke the restriction of liberty order] [vary the restriction of liberty order by (statement of variation sought in terms of subsection (2) (a) of the said section 245E)],

• or

  (b)

  to do otherwise as to your Lordship[s] [or to the court] shall seem proper.

• IN RESPECT WHEREOF

• (Signed)

• Offender

• [or Solicitor for offender]

• [or applicant with responsibility for monitoring compliance]

• (Where a solicitor signs, the address and telephone number of the solicitor).]

Textual Amendments

F219 Sch. 2 Appendix Form 20.12A-B inserted (17.8.1998) by Act of Adjournal (Criminal Procedure Rules Amendment) (Restriction of Liberty Orders) 1998 (S.I. 1998/1842), para. 1(1), Sch.

F220 [F221 Form 20.12A-C S Form of citation of offender under section 245E(3) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F220 Words in Sch. 2 Appendix Form 20.12A-C substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(i)

F221 Sch. 2 Appendix Form 20.12A-C inserted (17.8.1998) by Act of Adjournal (Criminal Procedure Rules Amendment) (Restriction of Liberty Orders) 1998 (S.I. 1998/1842), para. 1(1), Sch.

IN THE HIGH COURT OF JUSTICIARY

[or IN THE SHERIFF [or DISTRICT] COURT]

AT (place)

CITATION

To: (name and address of offender)

Date of citation: (date of citation or, if citation by post, the day after the date of posting)

YOU ARE HEREBY CITED to appear on (date) at (time) in the High Court of Justiciary [or Sheriff [or District] Court] at (address) because it appears to the court to be in the interests of justice that the restriction of liberty order made in respect of you on (date) should be varied or revoked.

IF YOU FAIL TO ATTEND COURT WITHOUT A LAWFUL EXCUSE THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.

• (Signed)

• [F220 Clerk of Court]]

F222 [F223 Form 20.12A-D S Form of citation of offender under section 245F(1) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F222 Words in Sch. 2 Appendix Form 20.12A-D substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(i)

F223 Sch. 2 Appendix Form 20.12A-D Form inserted (17.8.1998) by Act of Adjournal (Criminal Procedure Rules Amendment) (Restriction of Liberty Orders) 1998 (S.I. 1998/1842), para. 1(1), Sch.

IN THE HIGH COURT OF JUSTICIARY

[or IN THE SHERIFF [or DISTRICT] COURT]

AT (place)

CITATION

To: (name and address of offender)

Date of citation: (date of citation or, if citation by post, the day after the date of posting)

YOU ARE HEREBY CITED to appear on (date) at (time) in the High Court of Justiciary [or Sheriff [or District] Court] at (address) because it has been reported to the court that you have failed to comply with a requirement of your restriction of liberty order by (specify the failure alleged).

IF YOU FAIL TO ATTEND COURT WITHOUT A LAWFUL EXCUSE THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.

• (Signed)

• [F222 Clerk of Court]]

Rule 20.12B]

[F224 FORM [F225 20.12B-A] S Form of drug treatment and testing order made under section 234B of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F224 Sch. 2 Appendix Form 20.12B inserted (20.12.1999) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Drug Treatment and Testing Orders) 1999 (S.S.I. 1999/191), para. 1(1), sch.

F225 Sch. 2 Appendix Form 20.12B renumbered as Form 20.12B-A (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(17)(l)

Rule 20.12B(2)

[F226 FORM 20.12B-B S Form of citation of offender under section 234(E)(2) of the Criminal Procedure (Scotland) Act 1995]

Textual Amendments

F226 Sch. 2 Appendix Form 20.12B-B inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rule 20.12B(3)

[F227 FORM 20.12B-C S Form of citation of offender under section 234G(1) of the Criminal Procedure (Scotland) Act 1995]

Textual Amendments

F227 Sch. 2 Appendix Form 20.12B-C inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rule 20.12C(1)

[F228 FORM 20.12C–A S Form of community reparation order under section 245K(1) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F228 Sch. 2 Appendix Forms 20.12C–A - 20.12C–C inserted (31.3.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2005 (S.S.I. 2005/160), para. 1(1), sch. Pt. 2

Rule 20.12C(2)

FORM 20.12C–B S Form of citation under section 245N(2)(b) of the Criminal Procedure (Scotland) Act 1995

Rule 20.12C(3)]

FORM 20.12C–C S Form of citation under section 245P(3) of the Criminal Procedure (Scotland) Act 1995

Rule 20.18(1)

FORM 20.18-A S Form of extract of custodial sentence following conviction on indictment, warrant of detention and return of sentence

Rule 20.18(2)

FORM 20.18-B S Forms of extract of sentence imposed in summary proceedings

Rule 20.19(2)(a)

FORM 20.19-A S Form of application under section 34B(6) of the Road Traffic Offenders Act 1988

Rule 20.19(3)(a)

FORM 20.19-B S Form of application under section 34B(7) of Road Traffic Offenders Act 1988

Rule 20.20]

[F229 Form 20.20 S Form of antisocial behaviour order under section 234AA of the Criminal Procedure (Scotland) Act 1995ANTISOCIAL BEHAVIOUR ORDER

under section 234AA of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F229 Sch. 2 Appendix Form 20.20 inserted (26.11.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/481), para. 1(1), sch. Pt. 1

[F230 Form 20.21] S

Textual Amendments

F230 Sch. 2 Appendix Form 20.21 inserted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), para. 1(1), sch. Pt. 2

Rule 21.1(1)

FORM 21.1-A S Form of statement of uncontroversial evidence under section 258 of the Criminal Procedure (Scotland) Act 1995

Rule 21.1(2)

FORM 21.1-B S Form of docquet to be endorsed on document annexed to, but not described in, statement of uncontroversial evidence

Rule 21.2

FORM 21.2 S Form of notice of challenge under section 258(3) of the Criminal Procedure (Scotland) Act 1995

Rule 21.2A]

[F231 FORM 21.2A S Form of application under section 258(4A) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F231 Sch. 2 Appendix Form 21.2A inserted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), para. 1(1), sch. Pt. 8 (with para. 2(2)-(4))

Rule 21.3

FORM 21.3 S Form of notice under section 259(5) of the Criminal Procedure (Scotland) Act 1995

Rule 21.4]

[F232 FORM 21.4 S Form of certificate of authentication of a prior statement for the purposes of section 260(4) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F232 Sch. 2 Appendix Form 21.4 substituted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), para. 1(1), sch. Pt. 2

Rule 21.5]

F233 [F234 Form 21.5 S Form of application under section 275(1) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F233 Words in Sch. 2 Appendix Form 21.5 omitted (20.6.2006) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(7)(d)

F234 Sch. 2 Appendix Form 21.5 inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), para. 1(1), sch. 3

Rule 21.6(1)

[F235 Form 21.6–A S Form of notice of intention to rely on presumption as to identification under section 281A of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F235 Sch. 2 Appendix Forms 21.6–A, 21.6–B inserted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), para. 1(1), sch. Pt. 3

Rule 21.6(2)]

Form 21.6–B S Form of notice of challenge under section 281A(2) of the Criminal Procedure (Scotland) Act 1995

Rule 22.1(1)

F236 F237 [F238 FORM 22.1 S Form of child witness notice under section 271A(2) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F236 Words in Sch. 2 Appendix Form 22.1 inserted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(7)(e)

F237 Words in Sch. 2 Appendix Form 22.1 inserted (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(3)(a)

F238 Sch. 2 Appendix Forms 22.1 - 22.8-B substituted for Sch. 2 Appendix Form 22.1 (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), para. 1(1), sch. Pt. 4 (with para. 2(2))

Rule 22.1A]

[F239 FORM 22.1A S

Textual Amendments

F239 Sch. 2 Appendix Form 22.1A inserted (1.4.2006) by Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/76), para. 1(1), sch. (with para. 2(2))

Rule 22.4

F240 F241 FORM 22.4 S Form of application for review of arrangements for taking evidence under section 271D of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F240 Words in Sch. 2 Appendix Form 22.4 inserted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(7)(f)

F241 Words in Sch. 2 Appendix Form 22.4 inserted (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(3)(b)

Rule 22.7

F242 FORM 22.7 S Form of notice of prohibition of personal conduct of defence in certain cases involving child witnesses under the age of twelve under section 288E of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F242 Words in Sch. 2 Appendix Form 22.7 inserted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(7)(g)

Rule 22.8(1)

F243 F244 FORM 22.8–A S Form of minute seeking prohibition of the personal conduct of defence by the accused under section 288F of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F243 Words in Sch. 2 Appendix Form 22.8-A inserted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(7)(h)

F244 Words in Sch. 2 Appendix Form 22.8–A inserted (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(3)(c)

22.8(5)]

F245 FORM 22.8–B S Form of minute seeking prohibition of the personal conduct of defence by the accused under section 288F of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F245 Words in Sch. 2 Appendix Form 22.8-B inserted (20.6.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 (S.S.I. 2006/302), paras. 1(1), 2(7)(i)

Paragraph 2(4)]

F246 [F247 FORM 22.15 S Form of application for leave for accused to be present during a commission under section 271I(3) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F246 Words in Sch. 2 Appendix Form 22.15 inserted (1.4.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/237), paras. 1(1), 2(3)(d)

F247 Sch. 2 Appendix Form 22.15 inserted (30.11.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) (Vulnerable Witnesses (Scotland) Act 2004) (Evidence on Commission) 2005 (S.S.I. 2005/574), para. 1(1), sch. (with para. 2(2))

Rule 23.1(1)(a)

FORM 23.1-A S Form of petition for issue of letter of request in High Court before indictment served

Rule 23.1(1)(b)

FORM 23.1-B S Form of petition for issue of letter of request where indictment served or in summary proceedings

Rule 23.1(2)

FORM 23.1-C S Form of letter of request

Rule 23A.1

[F248 FORM 23A.1-A S Form of petition for issue of letter of request under section 273(2) of the Criminal Procedure (Scotland) Act 1995]

Textual Amendments

F248 Sch. 2 Appendix Forms 23A.1-A and 23A.1-B substituted for Forms 23.1–D and 23.1–E (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), para. 1(1), sch. 1

[F248 FORM 23A.1-B S Form of letter of request for evidence to be obtained by television link]

Rule 24.1(1)(a)

FORM 24.1-A S Form of petition for appointment of commissioner to examine a witness in High Court before indictment served

Rule 24.1(1)(b)

FORM 24.1-B S Form of petition for appointment of commissioner to examine a witness where indictment served or in summary proceedings

Rule 26.1(1)(b)

FORM 26.1-A S Form of certificate of authentication of document

Rule 26.1(2)

F249 FORM 26.1-B S Form of docquet certifying a document as one kept by a business or undertaking

Textual Amendments

F249 Sch. 2 Appendix Form 26.1-B: words “[or was] [or were]” inserted after the words “[or are]” (9.9.1996) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 1996 (S.I. 1996/2147), paras. 1(1), 2(9)

Rule 26.1(3)

F250 FORM 26.1-C S Form of certificate that statement not contained in business document

Textual Amendments

F250 Words in Sch. 2 Appendix Form 26.1-C substituted (11.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1997 (S.I. 1997/1788), paras. 1(1), 2(4)(b)

Rule 27.2

FORM 27.2 S Form of certificate under section 283(1), 284(1) or 285(2), (4) or (5) of the Criminal Procedure (Scotland) Act 1995

Rule 27.3

FORM 27.3 S Form of notice in relation to certain evidential certificates

Rule 27.4

[F251 FORM 27.4 S Form of notice under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995

Textual Amendments

F251 Sch. 2 Appendix Form 27.4 inserted (3.2.1997) by Act of Adjournal (Criminal Procedure Rules Amendment) 1997 (S.I. 1997/63), para. 1(1), Sch.

IN THE HIGH COURT OF JUSTICIARY [or IN THE SHERIFF COURT]

AT (place)

NOTICE

by

[A.B.] (address [or Prisoner in the Prison of (place)]

under

Section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995

To: (name of prosecutor, or co-accused)

I HEREBY GIVE NOTICE that under section 16A(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 that on the facts as alleged with respect to the relevant conduct, the condition in section 16A(3)(r) [or (b)] of the Criminal Law (Consolidation) (Scotland) Act 1995 is not satisfied for the following reasons:–

(here set out reasons for regarding condition as unsatisfied)

I HEREBY REQUIRE (insert name and designation of prosecutor) to prove that the said condition is satisfied.

(Signed)

[A.B.]

[or Solicitor for [A.B.]]

(Address and telephone number of Solicitor)]

[F252 FORM 27.5 S Form of notice under section 16B(4) of the Criminal Law (Consolidation) (Scotland) Act 1995]

Textual Amendments

F252 Sch. 2 Appendix Form 27.5 inserted (1.9.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) 1997 (S.I. 1997/2082), para. 1(1), Sch. 3

Rule 28.1(1)(b)(i)

FORM 28.1-A S Form of petition for order to hold identification parade in solemn proceedings before service of indictment under section 290(1) of the Criminal Procedure (Scotland) Act 1995

Rule 28.1(1)(b)(ii)

FORM 28.1-B S Form of petition for order to hold identification parade where indictment served or in summary proceedings under section 290(1) of the Criminal Procedure (Scotland) Act 1995

Rule 29.1(1)(b)(i)

F253 FORM 29.1-A S Form of petition to take precognition on oath before service of indictment under section 291(1) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F253 Words in Sch. 2 Appendix Form 29.1–A inserted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), paras. 1(1), 2(7)(e) (with para. 2(2))

Rule 29.1(1)(b)(ii)

F254 FORM 29.1-B S Form of petition to take precognition on oath where indictment served or in summary proceedings under section 291(1) of the Criminal Procedure (Scotland) Act 1995

Textual Amendments

F254 Words in Sch. 2 Appendix Form 29.1–B inserted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), paras. 1(1), 2(7)(f) (with para. 2(2))

Rule 29.3(1)

FORM 29.3 S Form of citation of person to attend a diet for taking his precognition on oath

Rule 30.2(1)

F255 FORM 30.2-A S Form of endorsement of warrant of arrest under section 1(1) of the Backing of Warrants (Republic of Ireland) Act 1965

Textual Amendments

F255 Sch. 2 Appendix Form 30.2–A omitted (18.8.2004) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004 (S.S.I. 2004/346), paras. 1(1), 2(6)(a)

Rule 30.2(2)

F256 FORM 30.2-B S Form of provisional warrant of arrest under section 4 of the Backing of Warrants (Republic of Ireland) Act 1965

Textual Amendments

F256 Sch. 2 Appendix Form 30.2–B omitted (18.8.2004) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004 (S.S.I. 2004/346), paras. 1(1), 2(6)(a)

Rule 30.5(1)

F257 FORM 30.5 S Form of consent to earlier return under section 3(1)(a) of the Backing of Warrants (Republic of Ireland) Act 1965

Textual Amendments

F257 Sch. 2 Appendix Form 30.5 omitted (18.8.2004) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004 (S.S.I. 2004/346), paras. 1(1), 2(6)(a)

Rule 31.5(2)(a)

[F258 FORM 31.5 S Form of reference to the European Court

Textual Amendments

F258 Sch. 2 Appendix Form 31.5 substituted (1.5.1999) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) 1999 (S.I. 1999/1282), para. 1(1), Sch. 1 (with para. 3)

THE HIGH COURT OF JUSTICIARY

[or SHERIFF [or DISTRICT] COURT] IN SCOTLAND

HER MAJESTY'S ADVOCATE [or THE PROCURATOR FISCAL]

against

[C.D.] (address)

[or Prisoner in the Prison of (place)]

[Here set out a clear and succinct statement of the case giving rise to the request for the ruling of the European Court in order to enable the European Court to consider and understand the issues of Community law raised and to enable governments of Member States and other interested parties to submit observations. The statement of the case should include:

(a) particulars of the parties;

(b) the history of the dispute between the parties;

(c) the history of the proceedings;

(d) the relevant facts as agreed by the parties or found by the court or, failing such agreement or finding, the contentions of the parties on such facts;

(e) the nature of the issues of law and fact between the parties;

(f) the Scots law, so far as is relevant;

(g) the Treaty provisions or other acts, instruments or rules of Community law concerned; and

(h) an explanation of why the reference is being made.]

The preliminary ruling of the Court of Justice of the European Communities is accordingly requested on the following questions:

1, 2, etc. [Here set out the questions on which the ruling is sought, identifying the Treaty provisions or other acts, instruments or rules of Community law concerned.]

Dated the day of 19.]

Rule 31.7(3)

FORM 31.7 S Form of appeal to High Court from the making of a reference to the European Court of Justice

Rule 32.2(1)

FORM 32.2 S Form of application under section 49 of the Civic Government (Scotland) Act 1982

Rule 34.3(1)(a)

[F259 FORM 34.3–A S Form of note of appeal under section 26(1) of the Extradition Act 2003

Textual Amendments

F259 Sch. 2 Appendix Forms 34.3–A - 34.7–B substituted for Forms 34.5 and 34.6 (18.8.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004 (S.S.I. 2004/346), para. 1(1), sch.

Rule 34.3(1)(b)

FORM 34.3–B S Form of note of appeal under section 28(1) of the Extradition Act 2003

Rule 34.3(1)(c)

FORM 34.3–C S Form of notice of appeal under section 103(1) or 108(1) of the Extradition Act 2003

Rule 34.3(1)(d)

FORM 34.3–D S Form of note of appeal under section 105(1) or 110(1) of the Extradition Act 2003

Rule 34.5

FORM 34.5 S Form of application seeking extension of time under section 31(4) or 113(4) of the Extradition Act 2003

Rule 34.6(a)

FORM 34.6–A S Form of notice of consent to extradition to category 1 territory

Rule 34.6(b)

FORM 34.6–B S Form of notice of consent to extradition to category 2 territory

Rule 34.7(1)

FORM 34.7–A S Form of notice of request under section 54(1) of the Extradition Act 2003

Rule 34.7(2)]

FORM 34.7–B S Form of notice of request under section 56(1) of the Extradition Act 2003

Rule 36.2

[F260 Form 36.2 S Form of notice to accompany a citation being effected or document being served outside the United Kingdom]

Textual Amendments

F260 Sch. 2 Appendix Form 36.2 inserted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), para. 1(1), sch. 2

Rule 36.4

[F261 Form 36.4–A S Form of application for request for assistance under section 7(1) of the Crime (International Co-operation) Act 2003]

Textual Amendments

F261 Sch. 2 Appendix Form 36.4-A inserted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), para. 1(1), sch. 2

[F262 Form 36.4–B S Request for assistance under section 7 of the Crime (International Co-operation) Act 2003]

Textual Amendments

F262 Sch. 2 Appendix Form 36.4-B inserted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), para. 1(1), sch. 2

Rule 36.8

[F263 Form 36.8–A S Form of warrant to cite a person to proceedings before a nominated courtWARRANT FOR CITATION]

Textual Amendments

F263 Sch. 2 Appendix Form 36.8-A inserted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), para. 1(1), sch. 2

[F264 Form 36.8–B S Form of postal citation to proceedings before a nominated court]

Textual Amendments

F264 Sch. 2 Appendix Form 36.8-B inserted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), para. 1(1), sch. 2

[F265 Form 36.8–C S Form of reply slip to be completed and returned by person cited to appear before a nominated court]

Textual Amendments

F265 Sch. 2 Appendix Form 36.8-C inserted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), para. 1(1), sch. 2

[F266 Form 36.8–D S Form of personal citation for proceedings before a nominated court]

Textual Amendments

F266 Sch. 2 Appendix Form 36.8-D inserted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), para. 1(1), sch. 2

Rule 36.4(a)

FORM 36.4-A S Form of application for letter of request under section 3(1) of the Criminal Justice (International Co-operation) Act 1990

Rule 36.4(c)(iv)

FORM 36.4-B S Letter of request under section 3 of the Criminal Justice (International Co-operation) Act 1990

Rule 37.4

[F267 FORM 37.4 S Form of petition under section 25 or 26 of the Proceeds of Crime (Scotland) Act 1995

Textual Amendments

F267 Sch. 2 Appendix Forms 37.4, 37.5 inserted (21.11.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 7) 1997 (S.I. 1997/2653), para. 1(1), Sch.

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, THE LORD JUSTICE CLERK and LORDS COMMISSIONERS OF JUSTICIARY

[or UNTO THE HONOURABLE THE SHERIFF OF (name of sheriffdom)

AT (place)]

PETITION

of

[A.B.] (address)

PETITIONER

HUMBLY SHEWETH:

1.   That the Petitioner is (name) and resides at (address). S

Textual Amendments

F267 Sch. 2 Appendix Forms 37.4, 37.5 inserted (21.11.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 7) 1997 (S.I. 1997/2653), para. 1(1), Sch.

2.   That on (date) the court in the case of Her Majesty’s Advocate [or Procurator Fiscal] against (name and address) made an order under section 21 of the Proceeds of Crime (Scotland) Act 1995 forfeiting (specify property and, for heritable property in Scotland, state conveyancing description (unless already stated in suspended forfeiture order) and date and county of recording of a certified copy of the suspended forfeiture order in the General Register of Sasines or, as the case may be, the Title Number under which a certified copy of the suspended forfeiture order was registered in the Land Register of Scotland). S

Textual Amendments

F267 Sch. 2 Appendix Forms 37.4, 37.5 inserted (21.11.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 7) 1997 (S.I. 1997/2653), para. 1(1), Sch.

3.   That (state the relevant facts in support of grant of order). S

• MAY IT THEREFORE please your Lordship(s):

(1) to appoint intimation of this petition to be made to (specify);

(2) to appoint parties to be heard thereon on the earliest practicable date thereafter; and

(3) thereafter, on being duly satisfied in terms of section 25(1)(a) [or section 26(1)(a)] of the Proceeds of Crime (Scotland) Act 1995, to make an order under section 25 [ or section 26] of that Act; and to do further or otherwise as to your Lordship(s) shall seem proper.

• ACCORDING TO JUSTICE, etc

• (Signed)

• Petitioner

• [or Solicitor for Petitioner]

• (Address and telephone number of Solicitor)]

Textual Amendments

F267 Sch. 2 Appendix Forms 37.4, 37.5 inserted (21.11.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 7) 1997 (S.I. 1997/2653), para. 1(1), Sch.

Rule 37.5

[F267 FORM 37.5 S Form of note of appeal under section 27 of the Proceeds of Crime (Scotland) Act 1995

IN THE HIGH COURT OF JUSTICIARY

[or IN THE SHERIFF COURT]

AT

(place)

NOTE OF APPEAL

under the Proceeds of Crime (Scotland) Act 1995

by

[A.B.] (address)

APPELLANT

against

[C.D.] (address)

RESPONDENT

1.   The appellant appeals to the High Court of Justiciary against the refusal of an application under section 25(1) [or the granting of an application under section 26(1)] of the Proceeds of Crime (Scotland) Act 1995 in the above court on (date). S

Textual Amendments

F267 Sch. 2 Appendix Forms 37.4, 37.5 inserted (21.11.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 7) 1997 (S.I. 1997/2653), para. 1(1), Sch.

2.   The ground(s) of appeal is (are): S

• (here set out the ground(s))

• (Signed)

• Appellant

• [or Solicitor for appellant]

• (Address and telephone number of solicitor)

(Place and date)]

Textual Amendments

F267 Sch. 2 Appendix Forms 37.4, 37.5 inserted (21.11.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 7) 1997 (S.I. 1997/2653), para. 1(1), Sch.

Rule 37A

[F268 FORM 37A S Form of petition to sheriff under section 7(3) of the Knives Act 1997

Textual Amendments

F268 Sch. 2 Appendix Form 37-A inserted (1.9.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) 1997 (S.I. 1997/2081), para. 1(1), Sch.

UNTO THE HONOURABLE THE SHERIFF OF (name of sheriffdom)

AT (place)

PETITION

of

[A.B.] (address)

PETITIONER

HUMBLY SHEWETH:

1.   That the petitioner is (name) and resides at (address). S

Textual Amendments

F268 Sch. 2 Appendix Form 37-A inserted (1.9.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) 1997 (S.I. 1997/2081), para. 1(1), Sch.

2.   That on (date) the court in the case (Procurator Fiscal) against (name and address), accused, made an Order in terms of section 6 of the Knives Act 1997 forfeiting (specify property forfeited). S

Textual Amendments

F268 Sch. 2 Appendix Form 37-A inserted (1.9.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) 1997 (S.I. 1997/2081), para. 1(1), Sch.

3.   That (state facts relevant to application). S

MAY IT THEREFORE please your Lordship:

(1) to appoint intimation of this petition to be made to (specify).

(2) to appoint parties to be heard thereon on the earliest practicable date thereafter; and

(3) thereafter, on being duly satisfied, to make an order in terms of section 7(3) of the Knives Act 1997; and to do further or otherwise as Your Lordship shall deem proper.

ACCORDING TO JUSTICE, etc.

• (Signed)

• [Solicitor for petitioner]

• (Address and telephone number of solicitor)]

Textual Amendments

F268 Sch. 2 Appendix Form 37-A inserted (1.9.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 6) 1997 (S.I. 1997/2081), para. 1(1), Sch.

Rule 38.

[F269 FORM 38 S Form of application to High Court for transfer of rights of appeal of deceased person

Textual Amendments

F269 Sch. 2 Appendix Form 38 inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 3

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE CLERK and LORDS COMMISSIONERS OF JUSTICIARY

APPLICATION

for

TRANSFER OF RIGHTS OF APPEAL OF DECEASED PERSON

by

[A.B.]  (address) S

• APPLICANT

• under

• section 303A of the Criminal Procedure (Scotland) Act 1995

• HUMBLY SHEWETH:—

Textual Amendments

F269 Sch. 2 Appendix Form 38 inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 3

1.   That on (date) [C.D.] (address) was convicted in the High Court of Justiciary [or sheriff court or district court] at (place) of (specify offence) and sentenced to (specify sentence). S

Textual Amendments

F269 Sch. 2 Appendix Form 38 inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 3

2.   That [C.D.] did not institute any appeal in relation to that conviction or sentence [or state details of any appeal instituted by [C.D.]]. S

Textual Amendments

F269 Sch. 2 Appendix Form 38 inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 3

3.   That [C.D.] died on (date) at (place). S

Textual Amendments

F269 Sch. 2 Appendix Form 38 inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 3

4.   That the applicant is executor of [C.D.] conform to attached copy confirmation [or has a legitimate interest (specify nature of interest and attach supporting documents)]. S

Textual Amendments

F269 Sch. 2 Appendix Form 38 inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 3

5.   That the applicant has served a copy of this application on the Crown Agent. S

• MAY IT THEREFORE please your Lordships under section 303A of the Criminal Procedure (Scotland) Act 1995 to authorise the applicant to institute any appeal in relation to that conviction which [C.D.] could have instituted [or to continue the appeal instituted by [C.D.]].

• ACCORDING TO JUSTICE, etc.

• (Signed)

• [Solicitor for applicant]

• (Address and telephone number of solicitor)]

Textual Amendments

F269 Sch. 2 Appendix Form 38 inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), para. 1(1), Sch. 3

F270 [F271 Form 40.2A S Form of minute of notice of intention to raise a devolution issue

Textual Amendments

F270 Words in Sch. 2 Appendix Form 40.2A substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(18)(j) (with para. 2(2)-(4))

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE-CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

[UNTO THE HONOURABLE THE SHERIFF OF (name of sheriffdom)

AT (place)]

MINUTE

by

[A.B.] (address)

[or Prisoner in the Prison of (place)]

HUMBLY SHEWETH:

1.   That [name of accused] has been indicted at the instance of Her Majesty’s Advocate for [F270 preliminary hearing] in the High Court of Justiciary sitting at (place) on (date) [or sheriff court at (place) on (date) with a first diet on (date)]. S

Textual Amendments

F270 Words in Sch. 2 Appendix Form 40.2A substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(18)(j) (with para. 2(2)-(4))

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

2.   That [A.B.] intends to raise a devolution issue within the meaning of Schedule 6 to the Scotland Act 1998/Schedule 10 to the Northern Ireland Act 1998/Schedule 8 to the Government of Wales Act 1998 on the following grounds (here specify the facts and circumstances and contentions of law which are alleged to give rise to the devolution issue) S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

3.   That a copy of this minute has been duly intimated to Her Majesty’s Advocate [and to (name(s) of co-accused)] and to the relevant authority within the meaning of Rule 40.1 conform to execution[s] attached to this minute. S

• MAY IT THEREFORE PLEASE YOUR LORDSHIP[S]:

• to order that there be a diet and to.assign a date for that diet;

• IN RESPECT WHEREOF

• [Solicitor for minuter]

• (Address and telephone number of solicitor)

• (Place and date)]

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

F272 [F271 Form 40.2B S Form of notice of intervention by relevant authority

Textual Amendments

F272 Words in Sch. 2 Appendix Form 40.2B substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(18)(j) (with para. 2(2)-(4))

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE-CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

[UNTO THE HONOURABLE THE SHERIFF OF (name of sheriffdom)

AT (place)]

NOTICE

by

[C.D.] (address)

HUMBLY SHEWETH:

1.   That [name of accused] has been indicted at the instance of Her Majesty‘s Advocate for [F272 preliminary hearing] in the High Court of Justiciary sitting at (place) on (date) [or sheriff court at (place) on (date) with a first diet on (date)] S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

F272 Words in Sch. 2 Appendix Form 40.2B substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(18)(j) (with para. 2(2)-(4))

2.   That [C. D.] (here specify the name and title of the relevant authority and the fact of the intimation of the devolution issue) intends to take part in the proceedings so far as they relate to the devolution issue S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

3.   That a copy of this notice has been duly intimated to Her Majesty’s Advocate [and to said (name(s) of accused)] and to any other relevant authority within the meaning of Rule 40.1 conform to execution[s] attached to this minute. S

• IN RESPECT WHEREOF

• [Solicitor for the relevant authority]

• (Address and telephone number of solicitor)

• (Place and date)]

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

[F271 Form 40.3A S Form of minute of notice of intention to raise a devolution issue

UNTO THE HONOURABLE THE SHERIFF OF (name of sheriffdom)

AT (place)

[or UNTO THE JUSTICES in the DISTRICT COURT OF (name of district)

AT (place)]

MINUTE

by

[E.F.] (address)

[or Prisoner in the Prison of (place)]

HUMBLY SHEWETH:

1.   That [name of accused] has been charged at the instance of [G. H.] procurator fiscal at (place) with the crime [or offence] of (specify) and a diet is fixed for (specify date). S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

2.   That [E.F.] intends to raise a devolution issue within the meaning of Schedule 6 to the Scotland Act 1998/Schedule 10 to the Northern Ireland Act 1998/Schedule 8 to the Government of Wales Act 1998 on the following grounds (here specify the facts and circumstances and contentions of law which are alleged to give rise to the devolution issue). S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

3.   That a copy of this minute has been duly intimated to the said G.H., procurator fiscal [and to said (name(s) of co-accused)] and to the relevant authority within the meaning of Rule 40.1 conform to execution[s] attached to this minute. S

• MAY IT THEREFORE PLEASE YOUR LORDSHIP [or THE COURT]:

• to order that there be a diet to determine the devolution issue and to assign a date for that diet;

• IN RESPECT WHEREOF

• [Solicitor for minuter]

• (Address and telephone number of solicitor)

• (Place and date)]

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

[F271 Form 40.3B S Form of notice of intervention by relevant authority

UNTO THE HONOURABLE THE SHERIFF OF (name of sheriffdom)

AT (place)

[or UNTO THE JUSTICES in the DISTRICT COURT OF (name of district) AT (place)]

NOTICE

by

[J.K.] (address)

HUMBLY SHEWETH:

1.   That [name of accused] has been charged at the instance of [G.H.], procurator fiscal at (place) with the crime [or offence] of (specify) and a diet has been fixed for (specify date). S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

2.   That [J.K.] (here specify the name and title of the relevant authority and the fact of the intimation of the devolution issue) intends to take part in the proceedings so far as they relate to the devolution issue. S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

3.   That a copy of this notice has been duly intimated to the said G. H., procurator fiscal [and to said (name(s) of accused)] and to any other relevant authority within the meaning of Rule 40.1 conform to execution[s] attached to this minute. S

• IN RESPECT WHEREOF

• [Solicitor for the relevant authority)

• (Address and telephone number of solicitor)

• (Place and date)]

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

[F271 Form 40.4A S Form of minute of notice of intention to raise a devolution issue

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE-CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

[or UNTO THE HONOURABLE THE SHERIFF OF (name of sheriffdom)

AT (place)]

[or UNTO THE JUSTICES in the DISTRICT COURT OF (name of district) AT (place)]

MINUTE

by

[L.M.] (address)

[or Prisoner in the Prison of (place)]

HUMBLY SHEWETH:

1.   That (here specify the nature of the proceedings, the names of the parties and the date of any diet fixed). S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

2.   That [L.M.] intends to raise a devolution issue within the meaning of Schedule 6 to the Scotland Act 1998/Schedule 10 to the Northern Ireland Act 1998/Schedule 8 to the Government of Wales Act 1998 on the following grounds (here specify the facts and circumstances and contentions of law which are alleged to give rise to the devolution issue) S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

3.   That a copy of this minute has been duly intimated to Her Majesty’s Advocate [and to (names of any other parties to the proceedings)] and to the relevant authority within the meaning of Rule 40.1 conform to execution[s] attached to this minute. S

• MAY IT THEREFORE PLEASE YOUR LORDSHIP[S] [OR THE COURT]:

• to order that there be a diet and to assign a date for that diet;

• IN RESPECT WHEREOF

• [Solicitor for minuter]

• (Address and telephone number of solicitor)

• (Place and date)]

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

[F271 Form 40.4B S Form of notice of intervention by relevant authority

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE-CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

[UNTO THE HONOURABLE THE SHERIFF OF (name of sheriffdom)

AT (place)]

[or UNTO THE JUSTICES in the DISTRICT COURT OF (name of district) AT (place)]

NOTICE

by

[N.O.] (address)

HUMBLY SHEWETH:

1.   That (here specify the nature of the proceedings, the names of the parties and the date of any diet fixed). S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

2.   That [N.O.] (here specify the name and title of the relevant authority and the fact of the intimation of the devolution issue) intends to take part in the proceedings so far as they relate to the devolution issue. S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

3.   That a copy of this notice has been duly intimated to Her Majesty’s Advocate [and to said (name(s) of other parties)] and to any other relevant authority within the meaning of Rule 40.1 conform to execution[s] attached to this minute. S

• IN RESPECT WHEREOF

• [Solicitor for the relevant authority]

• (Address and telephone number of solicitor)

• (Place and date)]

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

[F271 Form 40.12 S Form of intimation to a relevant authority that the court is considering making an order under [section 102 of the Scotland Act 1998/section 81 of the Northern Ireland Act 1998/section 110 of the Government of Wales Act 1998]

To: (name and address of relevant authority)

1.   You are given notice that in criminal proceedings in the [High Court of Justiciary/Sheriff/District Court at (place)], at the instance of (name and title of prosecutor) against (name of accused) the court has decided [that an Act/provision of an Act of the Scottish Parliament is not within the legislative competence of the Parliament] [a member of the Scottish Executive does not have the power to make, confirm or approve a provision of subordinate legislation he has purported to make, confirm or approve]. A copy of the relevant decision is enclosed. S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

2.   The court is considering whether to make an order [removing or limiting the retrospective effect of the decision/suspending the effect of the decision to allow the defect to be corrected]. S

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

3.   If you wish to take part as a party to the proceedings so far as they relate to the making of the order mentioned in paragraph 2 you must lodge with (title and address of clerk of court) a notice in writing stating that you intend to take part as a party in the proceedings. The notice must be lodged within 7 days of (insert date on which intimation was given). S

• Date (insert date)

• (Signed)

• Clerk of Court]

Textual Amendments

F271 Sch. 2 Appendix Forms 40.2A, 40.2B, 40.3A, 40.3B, 40.4A, 40.4B, 40.12 inserted (6.5.1999) by Act of Adjournal (Devolution Issues Rules) 1999 (S.I. 1999/1346), paras. 1(1), 2(3)

F273 [F274 FORM 41.3—A S Form of notice to Crown under section 5(1) of the 1998 Act]

Textual Amendments

F273 Words in Sch. 2 Appendix Form 41.3-A inserted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(8)(c)

F274 Sch. 2 Appendix Form 41.3-A inserted (2.10.2000) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Human Rights Act 1998) 2000 (S.S.I. 2000/315), paras. 1(b), 3

[F275 FORM 41.3—B S Form of notice to court under section 5(2) of the 1998 Act]

Textual Amendments

F275 Sch. 2 Appendix Form 41.3-B inserted (2.10.2000) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Human Rights Act 1998) 2000 (S.S.I. 2000/315), paras. 1(b), 3

[F276 FORM 41.4 S Form of minute under Rule 41.4]

Textual Amendments

F276 Sch. 2 Appendix Form 41.4 substituted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), para. 1(1), sch. Pt. 2

[F277 Form 42.2 S HIGH COURT OF JUSTICIARYCONVENTION RIGHTS (COMPLIANCE) (SCOTLAND) ACT 2001]

Textual Amendments

F277 Sch. 2 Appendix Form 42.2 substituted (4.3.2002) by Act of Adjournal (Criminal Procedure Rules Amendment) (Convention Rights (Compliance) (Scotland) Act 2001) 2002 (S.S.I. 2002/137), paras. 1(b), 2(5)

Rule 44.2

[F278 FORM 44.2 S Form of notice of consent to surrender under section 7 of the International Criminal Court Act 2001]

Textual Amendments

F278 Sch. 2 Appendix Form 44.2 inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rule 44.3

[F279 FORM 44.3 S Form of notice of waiver of the right to review under section 13 of the International Criminal Court Act 2001]

Textual Amendments

F279 Sch. 2 Appendix Form 44.3 inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), para. 1(1), sch. 3

Rule 46.2]

[F280 FORM 46.2 S Form of petition under section 90(1) of the Sexual Offences Act 2003

Textual Amendments

F280 Sch. 2 Appendix form 46.2 inserted (1.5.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Sexual Offences Act 2003) 2004 (S.S.I. 2004/206), para. 1(1), sch. 2

Rule 47.1]

[F281 Form 47.1 S Form of notice of reference under section 10(5) of the Protection of Children (Scotland) Act 2003

Textual Amendments

F281 Sch. 2 Appendix Form 47.1 inserted (26.11.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/481), para. 1(1), sch. Pt. 2

Rule 48.2

[F282 Form 48.2 S Form of sexual offences prevention order

Textual Amendments

F282 Sch. 2 Appendix Forms 48.2, 48.3 inserted (7.10.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Sexual Offences Prevention Orders) 2005 (S.S.I. 2005/472), para. 1(1), sch.

Rule 48.3]

Form 48.3 S Form of petition for variation, renewal or discharge of a sexual offences prevention order

[F283 Form 49.2 S

Textual Amendments

F283 Sch. 2 Appendix Forms 49.2, 49.3 inserted (1.5.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Financial Reporting Orders) 2006 (S.S.I. 2006/205), para. 1(1), sch.

Form 49.3] S

[F284 Form 50.2 S

Textual Amendments

F284 Sch. 2 Appendix Forms 50.2, 50.3 inserted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), para. 1(1), sch. Pt. 3

Form 50.3] S

[F285 Form 51.2 S

Textual Amendments

F285 Sch. 2 Appendix Forms 51.2-51.6 inserted (26.3.2007) by Act of Adjournal (Criminal Procedure Rules Amendment) (Animal Health and Welfare etc.) 2007 (S.S.I. 2007/238), para. 1(1), sch.

Form 51.4 S

Form 51.5 S

Form 51.6] S

F286 ANNEX S

Textual Amendments

F286 Sch. 2 Annex omitted (1.9.2006) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(9)

S

...

•   

•   

Paragraph 3

SCHEDULE 3 S ACTS OF ADJOURNAL REVOKED

Commencement Information

I160 Sch. 3 in force at 1.4.1996, see para. 1(1)

Statutory Instrument Year and Number	Title of Act of Adjournal	Extent of Revocation
1988/110	Act of Adjournal (Consolidation) 1988	The whole Act of Adjournal
1989/48	Act of Adjournal (Consolidation Amendment) (Reference to European Court) 1989	The whole Act of Adjournal
1989/1020	Act of Adjournal (Consolidation Amendment No.2) (Forms of Warrant for Execution and Charge for Payment of Fine or Other Financial Penalty) 1989	The whole Act of Adjournal
1990/718	Act of Adjournal (Consolidation Amendment No.2) (Drug Trafficking) 1990	The whole Act of Adjournal
1990/2106	Act of Adjournal (Consolidation Amendment No.2) (Miscellaneous) 1990	The whole Act of Adjournal
1991/19	Act of Adjournal (Consolidation Amendment) (Extradition Rules and Backing of Irish Warrants) 1991	The whole Act of Adjournal
1991/847	Act of Adjournal (Consolidation Amendment No.1) 1991	The whole Act of Adjournal
1991/1916	Act of Adjournal (Consolidation Amendment No.2) (Evidence of Children) 1991	The whole Act of Adjournal
1991/2676	Act of Adjournal (Consolidation Amendment No.3) 1991	The whole Act of Adjournal
1991/2677	Act of Adjournal (Consolidation Amendment No.4) (Supervised Attendance Orders) 1991	The whole Act of Adjournal
1992/1489	Act of Adjournal (Consolidation Amendment) (Criminal Justice International Co-operation Act 1990) 1992	The whole Act of Adjournal
1993/1955	Act of Adjournal (Consolidation Amendment) (Courses for Drink-drive Offenders) 1993	The whole Act of Adjournal
1993/2391	Act of Adjournal (Consolidation Amendment No.2) (Miscellaneous) 1993	The whole Act of Adjournal
1994/1769	Act of Adjournal (Consolidation Amendment) (Miscellaneous) 1994	The whole Act of Adjournal
1995/1875	Act of Adjournal (Consolidation Amendment) (Supervised Release Orders) 1995	The whole Act of Adjournal

Table of Deriviations (This Table is not part of the Act of Adjournal)

Note. In this Table—

“A.A. 1988” means the Act of Adjournal (Consolidation) 1988 [S.I. 1988/110];

“CJSA 1949” means the Criminal Justice (Scotland) Act 1949 (c. 94);

“C.P.R.1996” means the Criminal Procedure Rules 1996 in Schedule 2 to this Act of Adjournal;

“CPSA 1887” means the Criminal Procedure (Scotland) Act 1887 (c. 35);

“CPSA 1975” means the Criminal Procedure (Scotland) Act 1975 (c. 21);

“SJ(S)A 1954” means the Summary Jurisdiction (Scotland) Act 1954 (c. 48).

C.P.R. 1996		Derivation (r. = rule in A.A. 1988)
Chapter 1	r. 1.2(1)	r. 2(1)
	r. 1.2(2)	r. 2(2)
	r. 1.3	r. 2(3)
Chapter 2	r. 2.1	r. 166
	r. 2.2(1), (2)	r. 167 as amended by S.I. 1990/718
	r. 2.7	r. 91
Chapter 3	r. 3.1	r. 158
	r. 3.2	r. 157
	r. 3.3	s. 225 CPSA 1975
	r. 3.4(1)	s. 226 CPSA 1975
	r. 3.4(2)	s. 227 CPSA 1975
	r. 3.5	r. 159
	r. 3.6(1), (2)	r. 160(1), (2)
Chapter 4	r. 4.1	r. 4 and r. 92
Chapter 5	r. 5.1	r. 14
	r. 5.2	r. 15
	r. 5.3(1)	r. 16(1) (part)
	r. 5.3(2)	r. 16(1) (part)
	r. 5.3(3)	r. 16(3) as amended by S.I. 1993/2391
	r. 5.3(4)	r. 16(4) as amended by S.I. 1993/2391
	r. 5.3(5)-(7)	r. 16(5)-(7)
	r. 5.4	r. 17
	r. 5.5	r. 18
	r. 5.6(1)	r. 19(1)
	r. 5.6(2)	r. 19(2) as amended by S.I. 1993/2391
	r. 5.6(3)-(9)	r. 19(3)-(9)
	r. 5.7	r. 20
	r. 5.8	r. 21
	r. 5.9	r. 22
	r. 5.10	r. 23
Chapter 6	r. 6.1	r. 140
	r. 6.2	r. 141
	r. 6.3	r. 143
	r. 6.4(a)	r. 144(a)
	r. 6.4(b)	r. 144(f)(i), (ii)
	r. 6.4(c)	r. 144(h)
	r. 6.5(1)	r. 145(b)
	r. 6.5(2)	r. 145(c) (part)
	r. 6.5(3)	r. 145(d)
	r. 6.6	r. 147
	r. 6.7	r. 71 and r. 120
Chapter 7	r. 7.1	r. 62 and r. 112
Chapter 8	r. 8.1(1)	r. 50(1) (part)
	r. 8.1(2)	r. 50(1) (part)
	r. 8.1(3)	r. 50(2)
	r. 8.1(4)	r. 50(3)
	r. 8.1(5)	r. 50(4)
	r. 8.2	r. 10(1) (part)
Chapter 9	r. 9.1	r. 24
	r. 9.2	r. 25
	r. 9.3	r. 26(1)
	r. 9.4(1)	r. 26(2)
	r. 9.4(2)	r. 27(1)
	r. 9.4(3)	r. 27(2)
	r. 9.5	r. 28(1)
	r. 9.6	r. 29
	r. 9.7	r. 30
	r. 9.8	r. 31
	r. 9.9	r. 32
	r. 9.10(1)-(5)	r. 33
	r. 9.11	r. 34
	r. 9.12	r. 35
	r. 9.13	r. 36
	r. 9.14	r. 37
	r. 9.15	r. 38
	r. 9.16	r. 39
	r. 9.17	r. 40
Chapter 10	r. 10.1	r. 12
Chapter 12	r. 12.1	r. 41
	r. 12.2	r. 42
	r. 12.3	r. 43
	r. 12.4	r. 44
	r. 12.5	r. 45
	r. 12.6	r. 46
	r. 12.7	r. 47
	r. 12.8	r. 48
	r. 12.9	r. 49
Chapter 13	r. 13.1	r. 11
	r. 13.2(1)	r. 10(1) (part)
Chapter 14	r. 14.1	s. 125 CPSA 1975
	r. 14.2(1)	s. 129 (part) CPSA 1975 as amended by the Criminal Justice (Scotland) Act 1987 (c. 41), Sch. 1 para. 7
	r. 14.2(2)	s. 129 (part) CPSA 1975 as amended by the Criminal Justice (Scotland) Act 1987 (c. 41), Sch. 1 para. 7
	r. 14.3	r. 69
	r. 14.4(1)	s. 132 (part) CPSA 1975
	r. 14.4(2)	s. 132 (part) CPSA 1975
	r. 14.5	r. 70
	r. 14.6	s. 146 CPSA 1975
	r. 14.7	s. 276 (part) CPSA 1975 as amended by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), Sch. 5 para. 1(28)
	r. 14.8(1)	s. 156(4) (part) CPSA 1975
	r. 14.8(2)	s. 156(4) (part) CPSA 1975
	r. 14.9	r. 74
	r. 14.10(1)-(3)	s. 269 CPSA 1975 as amended by the Criminal Justice (Scotland) Act 1980 (c. 62), Sch. 2 and the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), Sch. 5 para. 1(24)
Chapter 15	r. 15.1(1), (2)	s. 273(1) CPSA 1975 as amended by the Criminal Justice (Scotland) Act 1980 (c. 62), Schs. 2 and 8, and by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), Sch. 5 para. 1(26)
	r. 15.1(3)	s. 273(2) CPSA 1975 as amended by the Criminal Justice (Scotland) Act 1980 (c. 62), Schs. 2 and 8
	r. 15.2(1)-(5)	r. 84(1) (part); as amended by S.I. 1991/2676
	r. 15.2(6)	r. 84(3) inserted by S.I. 1993/2391
	r. 15.3	r. 84(1), as amended by S.I. 1991/2676
	r. 15.4	r. 84(2)
	r. 15.5	r. 85
	r. 15.6	r. 84(1) as amended by S.I. 1991/2676
	r. 15.7	s. 237 CPSA 1975 substituted by the Criminal Justice (Scotland) Act 1980 (c. 62), Sch. 2
	r. 15.8(1)	s. 239(1) CPSA 1975 as amended by the Criminal Justice (Scotland) Act 1980 (c. 62), Schs. 2 and 8, and the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), Sch. 5 para. 1(14)
	r. 15.8(2)	s. 239(2) CPSA 1975 as amended by the Criminal Justice (Scotland) Act 1980 (c. 62), Schs. 2 and 8
	r. 15.8(3)	r. 84(1) as amended by S.I. 1991/2676
	r. 15.9(1)	s. 259 (part) CPSA 1975
	r. 15.9(2)	s. 259 (part) CPSA 1975
	r. 15.10(1), (2)	s. 272 CPSA 1975 as amended by the Criminal Justice (Scotland) Act 1980 (c. 62), Schs. 2 and 8
	r. 15.11(1)	r. 86(1) (part)
	r. 15.11(2)	r. 86(2) and (3)
	r. 15.11(3)	r. 86(1) (part) and r. 86(4)
	r. 15.12(1)	r. 86(5)
	r. 15.12(2)	r. 86(6)
	r. 15.12(3)	r. 86(7)
	r. 15.12(4)	r. 86(8)
	r. 15.12(5)	r. 86(9)
	r. 15.12(6)	r. 86(10)
Chapter 16	r. 16.1(1)	r. 87(1)
	r. 16.1(2)	r. 87(3)
	r. 16.1(3)	r. 88
	r. 16.1(4)	r. 87(4)
	r. 16.2(1)	r. 89 (part)
	r. 16.2(2)	r. 89 (part)
	r. 16.3	r. 90
	r. 16.4(1)-(3)	s. 309(1) CPSA 1975
	r. 16.5(1), (2)	s. 309(1) CPSA 1975
	r. 16.7	r. 99
Chapter 17	17.1(1)-(4)	r. 100
Chapter 18	r. 18.1(1)	r. 119(1)
	r. 18.1(2)	r. 119(2)
	r. 18.1(3)	r. 119(3)
	r. 18.1(4)	r. 119(4)
	r. 18.2	r. 121
	r. 18.3	s. 321(1) CPSA 1975
	r. 18.4(1), (2)	s. 360 CPSA 1975
	r. 18.5	r. 123
	r. 18.6	r. 124(1)
Chapter 19	r. 19.1	r. 128
	r. 19.2	r. 127
	r. 19.3	r. 127
	r. 19.4(1)	r. 127
	r. 19.4(2)	r. 130(1)
	r. 19.5	r. 127
	r. 19.6	r. 129
	r. 19.7	r. 127
	r. 19.8	r. 131 as amended by S.I. 1990/2106
	r. 19.9	r. 132
	r. 19.10	r. 133
	r. 19.11	r. 135 as amended by S.I. 1991/2676
	r. 19.12	r. 136 as amended by S.I. 1991/2676
	r. 19.13	r. 138(2) as amended by S.I. 1991/2676
	r. 19.14(1)	r. 137(1)
	r. 19.14(2)	r. 137(2) as amended by S.I. 1991/2676
	r. 19.15	r. 139 as amended by S.I. 1991/2676
	r. 19.16(1)	r. 134(1)
	r. 19.16(2)	r. 134(2) as amended by S.I. 1990/2106
Chapter 20	r. 20.1	r. 75
	r. 20.2	r. 124(1)
	r. 20.3	r. 83E, inserted by S.I. 1993/2391
	r. 20.4	r. 124(1)
	r. 20.5	r. 124(1)
	r. 20.6	r. 124(1)
	r. 20.7	r. 124(1)
	r. 20.8	r. 83A inserted by S.I. 1989/1020, and r. 126A inserted by S.I. 1989/1020
	r. 20.9	r. 124(1)
	r. 20.10(1)	r. 76 and r. 126
	r. 20.11(1)	r. 83C inserted by S.I. 1991/2677 and r. 126C inserted by S.I. 1991/2677
	r. 20.13	r. 78 and r. 125(2)
	r. 20.14(1)	r. 79(1) and r. 125(3)
	r. 20.14(2)	r. 82 and r. 125(10)
	r. 20.15(1)	r. 80(1) and r. 125(5)
	r. 20.15(2)	r. 80(2) and r. 125(6)
	r. 20.16(1)	r. 81(1) and r. 125(7)
	r. 20.16(2)	r. 81(2) and r. 125(8)
	r. 20.16(3)	r. 81(3) and r. 125(9)
	r. 20.17(1)	r. 83B (part) inserted by S.I. 1991/2676 and r. 126B (part) inserted by S.I. 1991/2676
	r. 20.17(2)	r. 83B (part) inserted by S.I. 1991/2676 and r. 126B (part) inserted by S.I. 1991/2676
	r. 20.18(1)	r. 83(2)
	r. 20.18(2)	s. 430(1) CPSA 1975 (part)
	r. 20.18(3)	r. 83(3)
	r. 20.19	r. 83D inserted by S.I. 1993/1955 and r. 126D inserted by S.I. 1993/1955
Chapter 22	r. 22.1(1)-(3)	r. 61A(1)-(3) inserted by S.I. 1991/1916 and r. 111A(1)-(3) inserted by S.I. 1991/1916
	r. 22.2(1), (2)	r. 61A(4), (5) inserted by S.I. 1991/1916 and r. 111A(4), (5) inserted by S.I. 1991/1916
Chapter 23	r. 23.1(1)	r. 51(1) and r. 101(1)
	r. 23.1(2)	r. 51(2) and r. 101(2)
	r. 23.1(4)	r. 51(3)
	r. 23.1(5)	r. 51(4) and r. 102(1)
	r. 23.1(6)	r. 51(5) and r. 102(2)
	r. 23.2(1)	r. 52(1) and r. 102(3)
	r. 23.2(2)	r. 52(2) and r. 102(4)
	r. 23.3	r. 53 and r. 103
	r. 23.4	r. 54 and r. 104
	r. 23.5(1)	r. 55(1) and r. 105(1)
	r. 23.5(2)	r. 55(2)
	r. 23.5(3)	r. 55(3) and r. 105(2)
	r. 23.6(1)	r. 56(1) and r. 106(1)
	r. 23.6(2)	r. 56(2) and r. 106(2)
	r. 23.6(3)	r. 56(3)
Chapter 24	r. 24.1(1)	r. 57(1) and r. 107(1)
	r. 24.1(2)	r. 57(2) and r. 107(2)
	r. 24.1(3)	r. 57(3) inserted by S.I. 1990/2106 and r. 107(3) inserted by S.I. 1990/2106
	r. 24.1(4)	r. 51(3) and r. 61
	r. 24.1(5)	r. 51(4) and r. 61; and r. 102(1) and r. 111
	r. 24.1(6)	r. 51(5) and r. 61; and r. 102(2) and r. 111
	r. 24.2(1)	r. 52(1) and r. 61; and r. 102(3) and r. 111
	r. 24.2(2)	r. 58(1) and r. 108(1)
	r. 24.2(3)	r. 58(2) and r. 108(2)
	r. 24.2(4)	r. 58(3) and r. 108(3)
	r. 24.3	r. 53 and r. 61; and r. 103 and r. 111
	r. 24.4	r. 59 and r. 109
	r. 24.5(1)	r. 60 and r. 110
	r. 24.5(2)	r. 54(3) and r. 61; and r. 104(3) and r. 111
	r. 24.6(1)	r. 55(1) and r. 61; and r. 105(1) and r. 111
	r. 24.6(2)	r. 55(2) and r. 61
	r. 24.6(3)	r. 55(3) and r. 61; and r. 105(2) and r. 111
	r. 24.7(1)	r. 56(1) and r. 61; and r. 106(1) and r. 111
	r. 24.7(2)	r. 56(2) and r. 61; and r. 106(2) and r. 111
	r. 24.7(3)	r. 56(3) and r. 61
Chapter 25	r. 25.1	r. 73
Chapter 26	r. 26.1	r. 73A inserted by S.I. 1993/2391, and amended by S.I. 1994/1769 and r. 122A inserted by S.I. 1993/2391 and amended by S.I. 1994/1769
Chapter 27	r. 27.1(1)	r. 72 and r. 122(3)
	r. 27.1(2)	r. 122(1)
	r. 27.1(3)	r. 122(2)
Chapter 28	r. 28.1	r. 13 and r. 98
Chapter 29	r. 29.1	r. 5 and r. 93
	r. 29.2	r. 6 and r. 94
	r. 29.3	r. 7 and r. 95
	r. 29.4	r. 8 and r. 96
	r. 29.5	r. 9 and r. 97
Chapter 30	r. 30.1	r. 148
	r. 30.2	r. 149
	r. 30.3(1)-(5)	r. 149A inserted by S. I. 1991/19
	r. 30.3(6)	r. 149A(6) inserted by S.I. 1991/19 and as amended by S. I. 1991/847
	r. 30.3(7)-(9)	r. 149A(7)-(9) inserted by S.I. 1991/19
	r. 30.4(1)	r. 149B(1) inserted by S.I. 1991/19, as amended by S.I. 1991/847
	r. 30.4(2)	r. 149B(2) (part) inserted by S.I. 1991/19
	r. 30.4(3)	r. 149B(2) (part) inserted by S.I. 1991/19
	r. 30.4(4)	r. 149B(3) (part) inserted by S.I. 1991/19
	r. 30.4(5)	r. 149B(3) (part) inserted by S.I. 1991/19
	r. 30.5	r. 150
	r. 30.6	r. 151
	r. 30.7	r. 152
Chapter 31	r. 31.1(1)	r. 63 and r. 113
	r. 31.2	r. 64
	r. 31.3	r. 114
	r. 31.4	r. 64A inserted by S. I. 1989/48 and r. 115
	r. 31.5	r. 65 and r. 116
	r. 31.6(1)	r. 66 (part) and r. 117 (part)
	r. 31.6(2)	r. 66 (part) and r. 117 (part)
	r. 31.7(1)	r. 67(1) (part) and r. 118(1) (part)
	r. 31.7(2)	r. 67(1) (part) and r. 118(1) (part)
	r. 31.7(3)	r. 67(2) and r. 118(2)
	r. 31.7(4)	r. 67(3) and r. 118(3)
	r. 31.7(5)	r. 67(4) and r. 118(4)
	r. 31.7(6)	r. 67(5) and r. 118(5)
Chapter 32	r. 32.2	r. 153
Chapter 33	r. 33.1	r. 162
	r. 33.2	r. 163
	r. 33.3	r. 164
	r. 33.4	r. 165
Chapter 34	r. 34.1	r. 156A inserted by S.I. 1991/19
	r. 34.2(1)-(5)	r. 156B(1)-(5) inserted by S.I. 1991/19
	r. 34.2(6)	r. 156B(6) inserted by S.I. 1991/19, as amended by S.I. 1991/847
	r. 34.2(7)-(9)	r. 156B(7)-(9) inserted by S.I. 1991/19
	r. 34.3(1)	r. 156C(1) inserted by S.I. 1991/19 as amended by S.I. 1991/847
	r. 34.3(2)	r. 156C(2) inserted by S.I. 1991/19
	r. 34.3(3)	r. 156C(3) inserted by S.I. 1991/19
	r. 34.4	r. 156D inserted by S.I. 1991/19
	r. 34.5	r. 156E inserted by S.I. 1991/19
Chapter 35	r. 35.1	r. 68A inserted by S.I. 1991/847 and r. 118A inserted by S.I. 1991/847
Chapter 36	r. 36.1	r. 168
	r. 36.2	r. 169
	r. 36.3	r. 170
	r. 36.4	r. 171
	r. 36.5	r. 172
	r. 36.6	r. 173
	r. 36.7	r. 174
	r. 36.8	r. 175
	r. 36.9	r. 176
Chapter 37	r. 37.1	r. 154 as amended by S.I. 1990/718
	r. 37.2	r. 155 as amended by S.I. 1990/718
	r. 37.3	r. 156 as amended by S.I. 1990/718
Appendix:	Form 2.6-A	Form 4
	Form 2.6-C	CPSA 1887Sch. D
	Form 3.1-A	Form 85
	Form 3.1-B	Form 86
	Form 5.2	Form 10 as amended by S.I. 1993/2391
	Form 5.6-A	Form 11
	Form 5.6-B	Form 12
	Form 5.6-C	Form 13
	Form 5.8	Form 14
	Form 7.1-A	Form 29
	Form 7.1-B	Form 30
	Form 8.1-A	Form 23
	Form 8.1-B	Forms 24 and 25
	Form 8.2-A	Form 3 (part)
	Form 8.2-B	Form 5
	Form 8.2-D	CPSA 1887Sch. N
	Form 8.3	CJSA 1949Sch. 7 as amended by SJ(S)A 1954Sch. 4
	Form 9.1	Form 15
	Form 9.9	Form 16
	Form 9.12	Form 17
	Form 9.17	Form 18
	Form 10.1-A	Form 6
	Form 10.1-B	Form 7
	Form 12.1	Form 19
	Form 12.2-A	Form 20
	Form 12.2-B	Form 21
	Form 12.6	Form 22
	Form 13.2-B	CPSA 1887Sch. E
	Form 14.3-A	Form 33 Part 1
	Form 14.3-B	Form 33 Part 2
	Form 14.5-A	Form 33 Part 3
	Form 14.5-B	Form 33 Part 4
	Form 14.7	CPSA 1975 s. 276 (part) as amended by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), Sch. 5 para. 1(28)
	Form 15.2-A	Form 37
	Form 15.2-B	Form 38 as amended by S.I. 1993/2391
	Form 15.2-C	Form 39
	Form 15.2-D	Form 40
	Form 15.3-A	Form 42
	Form 15.3-B	Form 43
	Form 15.6	Form 41
	Form 15.8	Form 40A inserted by S.I. 1991/2676
	Form 15.11-A	Form 44A
	Form 15.11-B	Form 44 as amended by S.I. 1991/2677
	Form 16.1-A	Form 45
	Form 16.1-B	Form 47
	Form 16.1-C	Form 49
	Form 16.1-D	Form 50
	Form 16.1-E	Form 48
	Form 16.4-A	SJ(S)A 1954Sch. 2 Part I (incidental applications)
	Form 16.4-B	SJ(S)A 1954Sch. 2 Part IV (assignation of diet) as amended by S.I. 1964/249
	Form 16.4-C	SJ(S)A 1954Sch. 2 Part V (minutes of procedure) as amended by S.I. 1964/249
	Form 16.5-A	SJ(S)A 1954Sch. 2 Part IV (warrant of apprehension) as amended by S.I. 1964/249
	Form 16.5-B	SJ(S)A 1954Sch. 2 Part IV (warrant to search) as amended by S.I. 1964/249
	Form 16.5-C	SJ(S)A 1954Sch. 2 Part IV (form of adjournment for inquiry) as amended by S.I. 1964/249
	Form 16.7	Form 53
	Form 17.1	Form 54
	Form 18.3	SJ(S)A 1954Sch. 2 Part IV (apprehension of witness) as amended by S.I. 1964/249
	Form 18.6	Form 67
	Form 19.1-A	Form 78 as amended by S.I. 1991/2676
	Form 19.1-B	Form 79
	Form 19.2-A	Form 71
	Form 19.2-B	Form 72
	Form 19.2-C	Form 73
	Form 19.3-A	Form 76
	Form 19.3-B	Form 74
	Form 19.4	Form 75
	Form 19.5	Form 70 (part)
	Form 19.6	Form 70 (part)
	Form 19.7	Form 77
	Form 19.9	Form 80 as amended by S.I. 1991/2676
	Form 20.1	Form 34
	Form 20.2	Form 68
	Form 20.3	Form 96 inserted by S.I. 1993/2391 and substituted by S.I. 1995/1875
	Form 20.4-A	Form 66
	Form 20.4-B	Form 61
	Form 20.5	Form 69
	Form 20.6-A	Form 57
	Form 20.6-B	Form 58
	Form 20.6-C	Form 59
	Form 20.7	Form 60
	Form 20.8	Form 36A inserted by S.I. 1989/1020
	Form 20.9-A	Form 62 and 63
	Form 20.9-B	Form 64
	Form 20.9-C	Form 65
	Form 20.10-A	Form 35 as amended by S.I. 1991/2677
	Form 20.11-A	Form 36B inserted by S.I. 1991/2677
	Form 20.18-A	Form 36
	Form 20.18-B	SJ(S)A 1954Sch. 2 Part V (extract) as amended by S.I. 1964/249
	Form 20.19-A	Form 91 inserted by S.I. 1993/1955
	Form 20.19-B	Form 92 inserted by S.I. 1993/1955
	Form 22.1	Form 28D(1) inserted by S.I. 1991/1916, Form 28D(2) inserted by S.I. 1991/1916 and Form 56A inserted by S.I. 1991/1916
	Form 23.1-A	Form 26B
	Form 23.1-B	Forms 26A, 26C and 55
	Form 23.1-C	Form 27
	Form 24.1-A	Form 28B as amended by S.I. 1990/2106
	Form 24.1-B	Form 28A as amended by S.I. 1990/2106, 28C as amended by S.I. 1990/2106 and Form 56 as amended by S.I. 1990/2106
	Form 26.1-A	Form 93 inserted by S.I. 1993/2391; substituted by S.I. 1994/1769
	Form 26.1-B	Form 94 inserted by S.I. 1993/2391
	Form 26.1-C	Form 95 inserted by S.I. 1993/2391
	Form 28.1-A	Form 8
	Form 28.1-B	Form 9 and 52
	Form 29.1-A	Form 2
	Form 29.1-B	Form 1 and 51
	Form 30.2-A	Form 81
	Form 30.2-B	Form 82
	Form 30.5	Form 83
	Form 31.5	Form 31
	Form 31.7	Form 32
	Form 32.2	Form 84
	Form 34.5	Form 88 inserted by S.I. 1991/19
	Form 36.4-A	Form 89 inserted by S.I. 1992/1489
	Form 36.4-B	Form 90 inserted by S.I. 1992/1489

Table of Destinations (This Table is not part of the Act of Adjournal)

Note. In this Table,“C. P. R. 1996” means the Criminal Procedure Rules 1996 in Schedule 2 to this Act of Adjournal.

Part, section, Schedule or rule of enactment	Destination in C. P. R. 1996
Criminal Procedure (Scotland) Act 1887 (c. 35)
Sch. D	Form 2.6-C
Sch. E	Form 13.2-B
Sch. N	Form 8.2-D
Criminal Justice (Scotland) Act 1949 (c. 94)
Sch. 7	Form 8.3
Summary Jurisdiction (Scotland) Act 1954 (c. 48)
Schedule 2
Part I (incidental applications)	Form 16.4-A
Part IV (assignation of diet)	Form 16.4-B
(warrant of apprehension)	Form 16.5-A
(warrant to search)	Form 16.5-B
(form of adjournment for inquiry)	Form 16.5-C
(apprehension of witness)	Form 18.3
Part V (minutes of procedure)	Form 16.4-C
(extract)	Form 20.18-B
Criminal Procedure (Scotland) Act 1975 (c. 21)
s. 125	r. 14.1
s. 129	r. 14.2(1) and (2)
s. 132	r. 14.4(1) and (2)
s. 146	r. 14.6
s. 156(4)	r. 14.8(1) and (2)
s. 225	r. 3.3
s. 226	r. 3.4(1)
s. 227	r. 3.4(2)
s. 237	r. 15.7
s. 239	r. 15.8(1) and (2)
s. 259	r. 15.9
s. 269	r. 14.10(1)-(3)
s. 272	r. 15.10(1) and (2)
s. 273(1)	r. 15.1(1) and (2)
s. 273(2)	r. 15.1(3)
s. 276	r. 14.7 and Form 14.7
s. 309(1)	r. 16.4 and r. 16.5
s. 321(1)	r. 18.3
s. 360	r. 18.4(1) and (2)
s. 430(1)	r. 20.18(2)
Act of Adjournal (Consolidation) 1988 [S.I. 1988/110]
r. 2(1)	r. 1.2(1)
r. 2(2)	r. 1.2(2)
r. 2(3)	r. 1.3
r. 4	r. 4.1
r. 5	r. 29.1
r. 6	r. 29.2
r. 7	r. 29.3
r. 8	r. 29.4
r. 9	r. 29.5
r. 10(1)	r. 8.2 and r. 13.2(1)
r. 11	r. 13.1
r. 12	r. 10.1

Rule of enactment	Destination in C. P. R. 1996
r. 13	r. 28.1
r. 14	r. 5.1
r. 15	r. 5.2
r. 16(1)	r. 5.3(1) and (2)
r. 16(3)	r. 5.3(3)
r. 16(4)	r. 5.3(4)
r. 16(5)	r. 5.3(5)
r. 16(6)	r. 5.3(6)
r. 16.(7)	r. 5.3(7)
r. 17	r. 5.4
r. 18	r. 5.5
r. 19	r. 5.6
r. 20	r. 5.7
r. 21	r. 5.8
r. 22	r. 5.9
r. 23	r. 5.10
r. 24	r. 9.1
r. 25	r. 9.2
r. 26(1)	r. 9.3
r. 26(2)	r. 9.4(1)
r. 27(1)	r. 9.4(2)
r. 27(2)	r. 9.4(3)
r. 28(1)	r. 9.5
r. 29	r. 9.6
r. 30	r. 9.7
r. 31	r. 9.8
r. 32	r. 9.9
r. 33	r. 9.10(1)-(5)
r. 34	r. 9.11
r. 35	r. 9.12
r. 36	r. 9.13
r. 37	r. 9.14
r. 38	r. 9.15
r. 39	r. 9.16
r. 40	r. 9.17
r. 41	r. 12.1
r. 42	r. 12.2
r. 43	r. 12.3
r. 44	r. 12.4
r. 45	r. 12.5
r. 46	r. 12.6
r. 47	r. 12.7
r. 48	r. 12.8
r. 49	r. 12.9
r. 50(1)	r. 8.1(1) and (2)
r. 50(2)	r. 8.1(3)
r. 50(3)	r. 8.1(4)
r. 50(4)	r. 8.1(5)
r. 51	r. 23.1(1), (2), (4), (5), (6) and r. 24.1(4)-(6)
r. 52	r. 23.2 and r. 24.2(1)
r. 53	r. 23.3 and r. 24.3
r. 54	r. 23.4 and r. 24.5(2)
r. 55	r. 23.5 and r. 24.6
r. 56	r. 23.6 and r. 24.7
r. 57(1)	r. 24.1(1)
r. 57(2)	r. 24.1(2)
r. 57(3)	r. 24.1(3)
r. 58(1)	r. 24.2(2)
r. 58(2)	r. 24.2(3)
r. 58(3)	r. 24.2(4)
r. 59	r. 24.4
r. 60	r. 24.5(1)
r. 61	r. 24.1(4)-(6), r. 24.2(1), r. 24.3, r. 24.5(2), r. 24.6 and r. 24.7
r. 61A(1)	r. 22.1(1)
r. 61A(2)	r. 22.1(2)
r. 61A(3)	r. 22.1(3)
r. 61A(4)	r. 22.2(1)
r. 61A(5)	r. 22.2(2)
r. 62	r. 7.1
r. 63	r. 31.1(1)
r. 64	r. 31.2
r. 64A	r. 31.4
r. 65	r. 31.5
r. 66	r. 31.6(1) and (2)
r. 67(1)	r. 31.7(1) and (2)
r. 67(2)	r. 31.7(3)
r. 67(3)	r. 31.7(4)
r. 67(4)	r. 31.7(5)
r. 67(5)	r. 31.7(6)
r. 68A	r. 35.1
r. 69	r. 14.3
r. 70	r. 14.5
r. 71	r. 6.7
r. 72	r. 27.1(1)
r. 73	r. 25.1
r. 73A	r. 26.1
r. 74	r. 14.9
r. 75	r. 20.1
r. 76	r. 20.10
r. 78	r. 20.13
r. 79(1)	r. 20.14(1)
r. 80	r. 20.15
r. 81	r. 20.16
r. 82	r. 20.14(2)
r. 83(2)	r. 20.18(1)
r. 83(3)	r. 20.18(3)
r. 83A	r. 20.8
r. 83B	r. 20.17(1) and (2)
r. 83C	r. 20.11(1)
r. 83D	r. 20.19
r. 83E	r. 20.3
r. 84(1)	r. 15.2(1)-(5), r. 15.3, r. 15.6 and r. 15.8(3)
r. 84(2)	r. 15.4
r. 84(3)	r. 15.2(6)
r. 85	r. 15.5
r. 86(1)	r. 15.11(1) and (3) (part)
r. 86(2)	r. 15.11(2) (part)
r. 86(3)	r. 15.11(2) (part)
r. 86(4)	r. 15.11(3) (part)
r. 86(5)	r. 15.12(1)
r. 86(6)	r. 15.12(2)
r. 86(7)	r. 15.12(3)
r. 86(8)	r. 15.12(4)
r. 86(9)	r. 15.12(5)
r. 86(10)	r. 15.12(6)
r. 87(1)	r. 16.1(1)
r. 87(3)	r.16.1(2)
r. 87(4)	r. 16.1(4)
r. 88	r. 16.1(3)
r. 89	r. 16.2(1) and (2)
r. 90	r. 16.3
r. 91	r. 2.7
r. 92	r. 4.1
r. 93	r. 29.1
r. 94	r. 29.2
r. 95	r. 29.3
r. 96	r. 29.4
r. 97	r. 29.5
r. 98	r. 28.1
r. 99	r. 16.7
r. 100	r. 17.1(1)-(4)
r. 101(1)	r. 23.1(1)
r. 101(2)	r. 23.1(2)
r. 102(1)	r. 23.1(5) and r. 24.1(5)
r. 102(2)	r. 23.1(6) and r. 24.1(6)
r. 102(3)	r. 23.2(1) and r. 24.2(1)
r. 102(4)	r. 23.2(2), r. 24.1(5), (6) and r. 24.2(3)
r. 103	r. 23.3 and r. 24.3
r. 104	r. 23.4 and r. 24.5(2)
r. 105(1)	r. 23.5(1) and r. 24.6(1)
r. 105(2)	r. 23.5(3) (part) and r. 24.6(3)
r. 106(1)	r. 23.6(1) and r. 24.7(1)
r. 106(2)	r. 23.6(2) and r. 24.7(2)
r. 107(1)	r. 24.1(1)
r. 107(2)	r. 24.1(2) (part)
r. 107(3)	r. 24.1(3)
r. 108(1)	r. 24.2(2)
r. 108(2)	r. 24.2(3)
r. 108(3)	r. 24.2(4)
r. 109	r. 24.4
r. 110	r. 24.5(1)
r. 111	r. 24.1(5), (6), r. 24.2(1), r. 24.3, r. 24.5(2), r. 24.6(1), (3) and r. 24.7(1), (2)
r. 111A(1)	r. 22.1(1)
r. 111A(2)	r. 22.1(2)
r. 111A(3)	r. 22.1(3)
r. 111A(4)	r. 22.2(1)
r. 111A(5)	r. 22.2(2)
r. 112	r. 7.1
r. 113	r. 31.1(1)
r. 114	r. 31.3
r. 115	r. 31.4
r. 116	r. 31.5
r. 117	r. 31.6(1) and (2)
r. 118(1)	r. 31.7(1) and (2)
r. 118(2)	r. 31.7(3)
r. 118(3)	r. 31.7(4)
r. 118(4)	r. 31.7(5)
r. 118(5)	r. 31.7(6)
r. 118A	r. 35.1
r. 119(1)	r. 18.1(1)
r. 119(2)	r. 18.1(2)
r. 119(3)	r. 18.1(3)
r. 119(4)	r. 18.1(4)
r. 120	r. 6.7
r. 121	r. 18.2
r. 122(1)	r. 27.1(2)
r. 122(2)	r. 27.1(3)
r. 122(3)	r. 27.1(1)
r. 122A	r. 26.1
r. 123	r. 18.5
r. 124(1)	r. 18.6, r. 20.2, r. 20.4, r. 20.5, r. 20.6, r. 20.7 and r. 20.9
r. 125(2)	r. 20.13
r. 125(3)	r. 20.14(1)
r. 125(5)	r. 20.15(1)
r. 125(6)	r. 20.15(2)
r. 125(7)	r. 20.16(1)
r. 125(8)	r. 20.16(2)
r. 125(9)	r. 20.16(3)
r. 125(10)	r. 20.14(2)
r. 126	r. 20.10
r. 126A	r. 20.8
r. 126B	r. 20.17(1) and (2)
r. 126C	r. 20.11(1)
r. 126D	r. 20.19
r. 127	r. 19.2, r. 19.3, r. 19.4(1), r. 19.5, r. 19.6(2) and r. 19.7
r. 128	r. 19.1
r. 129	r. 19.6
r. 130(1)	r. 19.4(2)
r. 131	r. 19.8
r. 132	r. 19.9
r. 133	r. 19.10
r. 134	r. 19.16(1) and (2)
r. 135	r. 19.11
r. 136	r. 19.12
r. 137	r. 19.14
r. 138(2)	r. 19.13
r. 139	r. 19.15
r. 140	r. 6.1
r. 141	r. 6.2
r. 143	r. 6.3
r. 144(a), (f)(i) and (ii), and (h)	r. 6.4
r. 145(b)	r. 6.5(1)
r. 145(c) (part)	r. 6.5(2)
r. 145(d)	r. 6.5(3)
r. 147	r. 6.6
r. 148	r. 30.1
r. 149	r. 30.2
r. 149A	r. 30.3
r. 149B(1)	r. 30.4(1)
r. 149B(2)	r. 30.4(2) and (3)
r. 149B(3)	r. 30.4(4) and (5)
r. 150	r. 30.5
r. 151	r. 30.6
r. 152	r. 30.7
r. 153	r. 32.2
r. 154	r. 37.1
r. 155	r. 37.2
r. 156	r. 37.3
r. 156A	r. 34.1
r. 156B	r. 34.2
r. 156C	r. 34.3
r. 156D	r. 34.4
r. 156E	r. 34.5
r. 157	r. 3.2
r. 158	r. 3.1
r. 159	r. 3.5
r. 160(1) and (2)	r. 3.6(1) and (2)
r. 162	r. 33.1
r. 163	r. 33.2
r. 164	r. 33.3
r. 165	r. 33.4
r. 166	r. 2.1
r. 167	r. 2.2(1) and (2)
r. 168	r. 36.1
r. 169	r. 36.2
r. 170	r. 36.3
r. 171	r. 36.4
r. 172	r. 36.5
r. 173	r. 36.6
r. 174	r. 36.7
r. 175	r. 36.8
r. 176	r. 36.9
Form 1	Form 29.1-B
Form 2	Form 29.1-A
Form 3	Form 8.2-A (part)
Form 4	Form 2.6-A
Form 5	Form 8.2-B
Form 6	Form 10.1-A
Form 7	Form 10.1-B
Form 8	Form 28.1-A
Form 9	Form 28.1-B
Form 10	Form 5.2
Form 11	Form 5.6-A
Form 12	Form 5.6-B
Form 13	Form 5.6-C
Form 14	Form 5.8
Form 15	Form 9.1
Form 16	Form 9.9
Form 17	Form 9.12
Form 18	Form 9.17
Form 19	Form 12.1
Form 20	Form 12.2-A
Form 21	Form 12.2-B
Form 22	Form 12.6
Form 23	Form 8.1-A
Form 24	Form 8.1-B
Form 25	Form 8.1-B
Form 26A	Form 23.1-B
Form 26B	Form 23.1-A
Form 26C	Form 23.1-B
Form 27	Form 23.1-C
Form 28A	Form 24.1-B
Form 28B	Form 24.1-A
Form 28C	Form 24.1-B
Form 28D(1)	Form 22.1
Form 28D(2)	Form 22.1
Form 29	Form 7.1-A
Form 30	Form 7.1-B
Form 31	Form 31.5
Form 32	Form 31.7
Form 33(1)	Form 14.3-A
Form 33(2)	Form 14.3-B
Form 33(3)	Form 14.5-A
Form 33(4)	Form 14.5-B
Form 34	Form 20.1
Form 35	Form 20.10-A
Form 36	Form 20.18-A
Form 36A	Form 20.8
Form 36B	Form 20.11-A
Form 37	Form 15.2-A
Form 38	Form 15.2-B
Form 39	Form 15.2-C
Form 40	Form 15.2-D
Form 40A	Form 15.8
Form 41	Form 15.6
Form 42	Form 15.3-A
Form 43	Form 15.3-B
Form 44	Form 15.11-B
Form 44A	Form 15.11-A
Form 45	Form 16.1-A
Form 47	Form 16.1-B
Form 48	Form 16.1-E
Form 49	Form 16.1-C
Form 50	Form 16.1-D
Form 51	Form 29.1-B
Form 52	Form 28.1-B
Form 53	Form 16.7
Form 54	Form 17.1
Form 55	Form 23.1-B
Form 56	Form 24.1-B
Form 56A	Form 22.1
Form 57	Form 20.6-A
Form 58	Form 20.6-B
Form 59	Form 20.6-C
Form 60	Form 20.7
Form 61	Form 20.4-B
Form 62	Form 20.9-A
Form 63	Form 20.9-A
Form 64	Form 20.9-B
Form 65	Form 20.9-C
Form 66	Form 20.4-A
Form 67	Form 18.6
Form 68	Form 20.2
Form 69	Form 20.5
Form 70	Form 19.5 (part) and Form 19.6 (part)
Form 71	Form 19.2-A
Form 72	Form 19.2-B
Form 73	Form 19.2-C
Form 74	Form 19.3-B
Form 75	Form 19.4
Form 76	Form 19.3-A
Form 77	Form 19.7
Form 78	Form 19.1-A
Form 79	Form 19.1-B
Form 80	Form 19.9
Form 81	Form 30.2-A
Form 82	Form 30.2-B
Form 83	Form 30.5
Form 84	Form 32.2
Form 85	Form 3.1-A
Form 86	Form 3.1-B
Form 88	Form 34.5
Form 89	Form 36.4-A
Form 90	Form 36.4-B
Form 91	Form 20.19-A
Form 92	Form 20.19-B
Form 93	Form 26.1-A
Form 94	Form 26.1-B
Form 95	Form 26.1-C
Form 96	Form 20.3

Explanatory Note

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

This Act of Adjournal arises out of the enacting of the Criminal Procedure (Scotland) Act 1995 (c. 46) which consolidates enactments relating to criminal procedure including those mentioned below. The Act of Adjournal makes new rules for the High Court of Justiciary, for the sheriff court in exercise of its criminal jurisdiction, and for the district court, consolidating, with amendments, the Act of Adjournal (Consolidation) 1988 and certain provisions of the Criminal Procedure (Scotland) Act 1887 (c. 35), the Criminal Justice (Scotland) Act 1949 (c. 94), the Summary Jurisdiction (Scotland) Act 1954 (c. 48) and the Criminal Procedure (Scotland) Act 1975 (c. 21).

The provisions in the enactments mentioned above which are consolidated in this Act of Adjournal, and the respective provisions in the Act of Adjournal which re-enact them, are set out in the Table of Destinations attached to this Act of Adjournal.

(1)

1995 c. 46.

(2)

1995 c. 46.

(3)

1980 c. 46; section 25A was inserted by section 24 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) and amended by paragraph 31 of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40).

(4)

1977 c. 45; section 39(3) was amended by paragraph 79 of Schedule 7 to the Criminal Justice (Scotland) Act 1980 (c. 62).

(5)

1907 c. 51; Schedule 1 was substituted by S.I. 1993/1956.

(6)

1937 c. 37.

(7)

1993 c. 9.

(8)

1987 c. 18.

(9)

1907 c. 51; Schedule 1 was substituted by S.I. 1993/1956.

(10)

1988 c. 53; sections 34A, 34B and 34C were inserted by the Road Traffic Act 1991 (c. 40), section 30.

(11)

1982 c. 45.

(12)

1986 c. 47.

(13)

S.I. 1987/307.

(14)

Section 23 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraph 63(4).

(15)

Section 22 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, Schedule 4, paragraph 63(3).

(16)

Subsection (2A) of section 25 was inserted by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, Schedule 4, paragraph 63(7).

(17)

1990 c. 18.