Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2011

Made: 10th March 2011

Coming into force: 28th March 2011

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 271V(3) and section305 of the Criminal Procedure (Scotland) Act 1995[^f00001], section6(3D) of the Extradition Act 2003[^f00002], section11(3) and (4) of the Control of Dogs (Scotland) Act 2010[^f00003], section165 of the Criminal Justice and Licensing (Scotland) Act 2010[^f00004], 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 No.3) (Miscellaneous) 2011.

• (2) It comes into force on 28th March 2011.

• (3) A certified copy of this Act of Adjournal is to be inserted in the Books of Adjournal.

• (4) Unless the context requires otherwise, in this Act of Adjournal a reference to a numbered chapter, provision or form is to the chapter, provision or form of that number in the Criminal Procedure Rules 1996[^f00005].

Prosecution of organisations

2

• (1) In rule8.2(5) (citation of accused and witnesses)[^f00006] for “a body corporate” substitute “an organisation”.

• (2) In Form8.2-G and Form8.2-H for the words “body corporate”, wherever they appear, substitute “organisation”.

Transfer of justice of the peace court cases

3

• (1) In rule17A.1 (transfer of summary proceedings)[^f00007]—

• (a) in paragraph(1)(a) after “section137A(1)” insert “or section137CA(2)[^f00008]”;

• (b) in paragraph(1)(b) after “section137B(1)” insert “or section137CB(2)”;

• (c) in paragraph(1)(c) after “section137B(1A)” insert “or section137CB(4)”;

• (d) in paragraph(1)(d) after “section137B(1C)” insert “or section137CB(6)”;

• (e) in paragraph(1)(e) after “section137B(3)” insert “or section137CB(9)”;

• (f) in paragraph(1)(f) after “section137B(4)” insert “or section137CB(10)”;

• (g) in paragraph(1)(g) after “section137C(1)” insert “or section137CC(2)”.

• (2) In the appendix, for Forms17A.1-A, 17A.1-B, 17A.1-C, 17A.1-D, 17A.1-E, 17A.1-F and 17A.1-G substitute respectively Forms 17A.1-A, 17A.1-B, 17A.1-C, 17A.1-D, 17A.1-E, 17A.1-F and 17A.1-G set out in Part1 of the Schedule to this Act of Adjournal.

Witness anonymity orders

4

• (1) After Chapter22 (evidence of vulnerable witnesses)[^f00009] insert—

(22A.1) An application under section271P of the Act of 1995[^f00010] for a witness anonymity order shall be in Form22A.1. (22A.2) Notice for the purpose of section 271Q(2) of the Act of 1995 shall be in Form22A.2. (22A.3) An application under section271U(3)(a) of the Act of 1995 to discharge or vary a witness anonymity order shall be made— (a) by motion, at any hearing; or (b) in Form22A.3, at any other time. (22A.4) (1) Any appeal mentioned in section271V of the Act of 1995 must be taken not later than seven days after the decision. (2) The appeal shall thereafter be treated procedurally, so far as possible— (a) in solemn proceedings, as if it were an appeal under section74(1) of the Act of 1995; (b) in summary proceedings, as if it were an appeal under section174(1) of the Act of 1995.

• (2) In the appendix after Form22.15 insert the forms set out in Part2 of the Schedule to this Act of Adjournal.

Extradition

5

After rule34.1 (interpretation of this Chapter)[^f00011] insert—

(34.1A) (1) Notice of an application under section6(3A) of the Act of 2003[^f00012] must be given to the arrested person by giving him or her, or his or her solicitor, a letter to that effect. (2) Such notice must be given before the hearing at which the application is to be made.

Reporting restrictions, regulation of investigatory powers and control of dogs

6

• (1) After Chapter55 (recovery orders under section27K(3) of the Civic Government (Scotland) Act 1982)[^f00013] insert the following chapters—

(56.1) In this Chapter “the 1981 Act” means the Contempt of Court Act 1981[^f00014]. (56.2) (1) Paragraph(2) applies where a court makes an order under section4(2) of the 1981 Act. (2) The clerk shall immediately arrange— (a) for a copy of the order to be sent to those persons who have asked to see any such orders made in the Scottish courts as they are made and whose names are on the list kept by the Lord Justice General for that purpose; (b) for the publication of the making of the order on the website used to provide official information about the Scottish courts. (56.3) (1) A person aggrieved by the terms of an order made under section4(2) of the 1981 Act may apply to the court that made the order for its variation or revocation. (2) An application shall be in Form56.3. (3) On an application being lodged the court shall— (a) appoint a hearing on the application; (b) intimate the date and time of the hearing, together with a copy of the application, to the parties to the proceedings. (4) The hearing shall— (a) unless there are exceptional circumstances or a later date is requested by the applicant, take place within 48hours of the application being lodged; (b) so far as reasonably practicable, be before the judge who made the order. (5) The decision of the judge is final. (57.1) In this Chapter “the 2000 Act” means the Regulation of Investigatory Powers Act 2000[^f00015]. (57.2) (1) This rule applies where a prosecutor of a case has had disclosed to him or her information under section18(7)(a) of the 2000 Act and considers it appropriate to invite the judge to order disclosure in terms of section18(7)(b) of the 2000 Act. (2) The prosecutor may request a hearing before the judge. (3) A request for a hearing under paragraph(2)— (a) may be made at any time, either verbally or in writing; (b) shall be to either the Clerk of Justiciary or the clerk of court, whoever being more appropriate in the circumstances. (4) The hearing shall be— (a) in court; (b) in private. (5) In paragraph (4), “private” means outwith the presence of any person (including, in a trial, the accused, his representatives and the jury) except the judge, the prosecutor and any other person whose presence the judge considers necessary for the proper determination of the matter. (6) The hearing shall be recorded by mechanical means as if it were a trial in solemn proceedings. (7) Paragraph(8) applies where the prosecutor indicates that information disclosed during the hearing has a particular status under any scheme operated by the United Kingdom Government for the protection of sensitive information. (8) The record of the hearing and any retained documents shall be stored by the court in accordance with the security measures which the scheme stipulates for information of that status. (58.1) In this Chapter “the 2010 Act” means the Control of Dogs (Scotland) Act 2010[^f00016]. (58.2) (1) Paragraph(2) applies where a person has been disqualified by virtue of section5(2)(a) of the 2010 Act. (2) An application for the discharge of the disqualification under section11(3) of the 2010 Act shall be made by petition in Form58.2. (58.3) An appeal to the High Court under section11(4) of the 2010 Act shall be made by lodging a note of appeal in Form58.3. (58.4) On an application or appeal being lodged the court shall— (a) appoint a hearing on the application or appeal; (b) make an order for service of the application, or appeal, with the date and time of the hearing on all parties.

• (2) In the appendix, at the end insert the forms set out in Part3 of the Schedule to this Act of Adjournal.

SCHEDULE

PART 1

PART 2

PART 3

Signed

A.C.HAMILTON — Lord Justice General — I.P.D. — 10th March 2011

Explanatory note

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

EXPLANATORY NOTE

This Act of Adjournal amends the Criminal Procedure Rules 1996.

Paragraph2 amends rule8.2(5) (citation of accused and witnesses) and related forms in consequence of the commencement of sections 65 to 68 (prosecution of organisations) of the Criminal Justice and Licensing (Scotland) Act 2010 (the 2010 Act).

Paragraph3 amends rule17A.1 (transfer of summary proceedings) and related forms in consequence of the commencement of section61 (transfer of justice of the peace court cases) of the 2010 Act.

Paragraph4 inserts new Chapter22A (witness anonymity orders) and related forms in consequence of the commencement of section90 of the 2010 Act.

Paragraph5 insert new rule34.1A in respect of provisional arrests under the Extradition Act 2003.

Paragraph6 inserts new Chapter56 (reporting restrictions under the Contempt of Court Act 1981); new Chapter57 (Regulation of Investigatory Powers Act 2000); new Chapter58 (Control of Dogs (Scotland) Act 2010); and related forms.

Footnotes

[^f00001]: 1995 c.46. Section271V(3) was inserted by section90 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp13).

[^f00002]: 2003 c.41. Section6(3D) was substituted by section77 of the Policing and Crime Act 2009 (c.26).

[^f00003]: 2010 asp 9.

[^f00004]: 2010 asp 13.

[^f00005]: 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. 2011/167).

[^f00006]: Rule8.2 substituted by S.S.I. 2005/44, last amended by S.S.I. 2005/188.

[^f00007]: Rule17A.1 was inserted by S.S.I. 2009/144.

[^f00008]: Sections137CA to 137CC inserted by section61 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

[^f00009]: Chapter 22 substituted by S.S.I. 2005/188, last amended by S.S.I. 2006/76.

[^f00010]: Sections271N to 271Z inserted by section90 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

[^f00011]: Chapter34 was substituted by S.S.I. 2004/346.

[^f00012]: Section6(3A) was substituted by section77 of the Policing and Crime Act 2009 (c.26).

[^f00013]: Chapter55 was inserted by S.S.I. 2010/184.

[^f00014]: 1981 c.49.

[^f00015]: 2000 c.23.

[^f00016]: 2010 asp 9.