Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2010

Made: 7th May 2010

Coming into force: 1st June 2010

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 section305 of the Criminal Procedure (Scotland) Act 1995[^f00001] and section27K(4) of the Civic Government (Scotland) Act 1982[^f00002], and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation, commencement etc.

1

• (1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2010 and comes into force on 1st June 2010.

• (2) This Act of Adjournal is to be inserted in the Books of Adjournal.

• (3) Unless the context requires otherwise, in this Act of Adjournal a reference to a numbered provision or form is to the provision or form of that number in the Criminal Procedure Rules 1996[^f00003].

Summoning of jurors

2

• (1) In rule13.1 (list of jurors)[^f00004], in paragraph(1)(a), for “30” substitute “40”.

• (2) Paragraph(1) shall apply only to a list of jurors prepared on or after 1stJune 2010.

Procedure at trial in solemn proceedings

3

• (1) In rule14.1 (recording of not guilty plea) after “shall” insert “, subject to rule14.1A,”.

• (2) After rule14.1, insert—

(14.1A) (1) Notwithstanding section88(1) of the Act of 1995 (plea of not guilty, balloting and swearing of jury, etc.), where there are fewer than 30 of those named on the list of jurors present in the court it shall not be competent to proceed to ballot the jury. (2) Where it is not competent to proceed to ballot the jury the court shall make such order or orders as it thinks fit in the interests of justice.

• (3) This paragraph shall apply only where the jury is to be balloted from a list of jurors prepared on or after 1st June 2010.

Lodging and intimation of transcripts

4

• (1) After rule15.16 (presentation of solemn sentence appeal in writing)[^f00005], insert—

(15.16A) (1) Where the prosecutor receives a transcript under section94(2) of the Act of 1995, the prosecutor shall forthwith send a copy to the other parties and to the clerk of court. (2) Where a person receives a transcript under section94(2A) of the Act of 1995, that person shall forthwith send a copy to the other parties and to the clerk of court.

• (2) In rule15.17 (lodging and intimation of transcripts)—

• (a) in paragraph(2) for “send a copy to the other parties” insert “intimate to the other parties that the transcript or the relevant part thereof has been so lodged”;

• (b) in paragraph(4) for “21” substitute “28”.

• (3) Paragraph(2)(b) shall apply only in relation to cases where the date of the hearing concerned is on or after 29thJune 2010.

Alteration by Clerk of Justiciary of place where case to be heard

5

• (1) Rule19A.1 (power of Clerk of Justiciary to alter place where case to be heard)[^f00006] is amended in accordance with subparagraphs (2) to (5).

• (2) In paragraph(1)(a), for “under section201 of the Act of 1995” substitute “following conviction”.

• (3) In paragraph(1)(b), for “under section202 of the Act of 1995” substitute “following conviction”.

• (4) After paragraph (1)(b) insert—

(c) fixed any diet in respect of any of the following— (i) a probation order made under section228 of the Act of 1995; (ii) a supervised release order made under section209 of the Act of 1995; (iii) a drug treatment and testing order made under section234B of the Act of 1995; (iv) a community service order made under section238 of the Act of 1995; (d) fixed any diet under section52 or sections52B to 59 of the Act of 1995,

• (5) The heading to Chapter19A[^f00007] becomes “ALTERATION BY CLERK OF JUSTICIARY OF PLACE WHERE CASE TO BE HEARD”.

Recovery of documents: appeals against decision of sheriff

6

• (1) Rule27A.1 (appeal against decision of sheriff: recovery of documents)[^f00008] is amended in accordance with subparagraphs(2) and (3).

• (2) In paragraph(1), for “proceedings” substitute “application”.

• (3) In Form27A.1 (form of appeal against decision of sheriff on application for an order for recovery of documents)[^f00009]—

• (a) in the instance, after “[orPrisoner in the Prison of (place)]]” insert “[or [C.D.], (address)]”;

• (b) in paragraph4, after “[or the Procurator Fiscal, (place),]” insert “[or [C.D.], haver of documents to which the order relates]”.

Knife licensing: applications for recovery orders

7

• (1) After Chapter54 (mutual recognition of criminal financial penalties)[^f00010] insert—

(55.1) An application under section27K(3) of the Civic Government (Scotland) Act 1982 (application for recovery order) shall be made by petition in Form55.

• (2) In the appendix, at the end insert the form set out in the Schedule to this Act of Adjournal.

SCHEDULE

Signed

A.C. HAMILTON — Lord Justice General — I.P.D. — 7th May 2010

Explanatory note

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

EXPLANATORY NOTE

This Act of Adjournal makes various amendments to the Criminal Procedure Rules 1996.

Paragraph2 amends Rule13.1 by increasing the minimum number of names that are to be on a jury list from 30 to 40.

Paragraph3 amends Rule14.1 and inserts new Rule14.1A providing that the minimum number of jurors that must be present for the balloting of the jury to be 30.

Paragraph4 inserts new Rule15.16A making provision for the copying of transcripts to all relevant parties when they have been obtained in connection with appeals against conviction in solemn proceedings.

Paragraph5 amends Rule19.1A to extend the circumstances in which the Clerk of Justiciary can alter the place where the case is to be heard.

Paragraph6 makes minor amendments to Rule27A.1 and Form27A (recovery of documents: appeals against decision of sheriff).

Paragraph7 inserts Chapter55 into the Rules making provision for applying for a recovery order under section27K(3) of the Civic Government (Scotland) Act 1982.

Footnotes

[^f00001]: 1995 c.46.

[^f00002]: 1982 c.45; section27K was inserted by section58 of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp17).

[^f00003]: The Criminal Procedure Rules 1996 are contained in Schedule2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2009/345).

[^f00004]: Rule13.1 was substituted by S.S.I. 2005/44.

[^f00005]: Rule15.16 was inserted by S.S.I. 2003/387 and amended by S.S.I. 2006/302.

[^f00006]: Rule19A.1 was inserted by S.S.I. 2003/468.

[^f00007]: Chapter19A.1 was inserted by S.S.I. 2003/468.

[^f00008]: Rule27A.1 was inserted by S.S.I. 2007/511.

[^f00009]: Form27A.1 was inserted by S.S.I. 2007/511.

[^f00010]: Chapter54 was inserted by S.S.I. 2009/345.