Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1999

Statutory Instruments

1999 No. 1387 (S.107)

HIGH COURT OF JUSTICIARY, SCOTLAND

SHERIFF COURT, SCOTLAND

SUMMARY JURISDICTION, SCOTLAND

Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1999

Made

14th May 1999

Coming into force

19th May 1999

The Lord Justice General, the Lord Justice Clerk and the 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) and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 3 ) 1999 and shall come into force on 19th May 1999.

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

Amendment of the Criminal Procedure Rules 1996

2.—(1) Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (criminal procedure)(2) shall be amended in accordance with this paragraph.

(2) In Chapter 1—

(a) in the heading, for “AND FORMS” substitute “ETC.”; and

(b) after rule 1.3 insert—

“Direction relating to Advocate General

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.”.

(3) After rule 3.5 insert—

“Registers kept by High Court

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).”.

(4) Rule 20.1 (form of sentence of death) shall cease to have effect.

(5) In the appendix, Form 20.1 (form of sentence of death) shall cease to have effect.

Rodger of Earlsferry

Lord Justice General I.P.D.

Edinburgh,

14 May 1999.

Explanatory Note

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

This Act of Adjournal amends the Criminal Procedure Rules 1996 as follows:

(a) paragraph 2(2) inserts a new rule 1.4 under which the Lord Justice General may give a direction as respects the arrangements for, or in connection with, the appearance in court of the Advocate General for Scotland;

(b) paragraph 2(3) inserts a new rule 3.5A which provides that any register kept by the High Court may be either in documentary or electronic form; and

(c) paragraphs 2(4) and (5) revoke rule 20.1 (form of sentence of death) and the form associated with that rule (form 20.1).

(1)

1995 c. 46.

(2)

S.I. 1996/513.