Act of Adjournal (Criminal Procedure Rules Amendment No.7) (Double Jeopardy (Scotland) Act 2011) 2011

Made: 2nd November 2011

Laid before the Scottish Parliament: 4th November 2011

Coming into force: 28th November 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 section305 of the Criminal Procedure (Scotland) Act 1995[^f00001], section165 of the Criminal Justice and Licensing (Scotland) Act 2010[^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 No.7) (Double Jeopardy (Scotland) Act 2011) 2011.

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

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

• (4) The Criminal Procedure Rules 1996[^f00003] are amended in accordance with the following paragraphs.

Disclosure and Double Jeopardy

2

• (1) In Chapter7A (disclosure)[^f00004]—

• (a) in rule7A.3 (applications for ruling on disclosure) for paragraph(1) substitute—

(1) An application under section128(2), section139(2) or section140E(2) of the 2010 Act shall be in Form7A.3.

• (b) in rule7A.4 (review of ruling on disclosure) for paragraph(1) substitute—

(1) an application under section129(2), section140(2) or section140F(2) of the 2010 Act shall be in Form7A.4.

• (2) In the appendix, for Forms7A.3, 7A.4, 7A.6-C and 7A.7-A substitute respectively Forms7A.3, 7A.4, 7A.6-C and 7A.7-A set out in Part1 of the Schedule to this Act of Adjournal.

Double Jeopardy

3

• (1) After Chapter58 (Control of Dogs (Scotland) Act 2010)[^f00005] insert—

(59.1) In this Chapter, “the 2011 Act” means the Double Jeopardy (Scotland) Act 2011[^f00006]. (59.2) shall be in Form59.2. (1) An application by the Lord Advocate to set aside a person’s acquittal and grant authority to bring a new prosecution— (a) under section2(2) of the 2011 Act (tainted acquittals); (b) under section3(3)(b) of the 2011 Act (admission made or becoming known after acquittal); (c) under section4(3)(b) of the 2011 Act (new evidence), (2) On making an application the Lord Advocate shall send a copy of the application to the acquitted person. (59.3) (1) An application by the prosecutor— (a) under section11(3) of the 2011 Act (eventual death of injured person) shall be in Form59.3-A; (b) under section12(3) of the 2011 Act (nullity of proceedings on previous indictment or complaint) shall be in Form59.3-B. (2) On making an application the prosecutor shall send a copy of the application to the person to whom the application relates. (59.4) (1) This rule applies to the hearing and determination of an application mentioned in this Chapter. (2) On an application being lodged the Clerk of Justiciary shall— (a) appoint a hearing on the application; (b) intimate the date and time of the hearing to the parties; (c) grant warrant for the citation of witnesses and the lodging of productions by the parties; (d) specify the last date for lodging witness lists and productions. (3) At the same time as lodging witness lists and productions, the party lodging them shall intimate copies to the other party. (4) Where a production cannot reasonably be copied the list of productions shall be intimated. (5) Parties shall be entitled to see the productions according to the existing law and practice of the High Court. (6) Section90A of the Act of 1995 (obstructive witnesses)[^f00007] applies, with the necessary modifications. (7) A party shall not be permitted to— (a) examine any witness not listed as a witness; (b) put in evidence any production not lodged, in accordance with paragraph 2(d) except by leave of the High Court on cause shown. (8) Without prejudice to any existing power of the High Court, it may— (a) order the production of any document or thing concerned with the application; (b) hear any evidence relevant to the application; (c) remit to any fit person to enquire and report on any matter affecting the application; (d) appoint a person with expert knowledge to act as assessor to the High Court where it appears to the court that such expert knowledge is required. (9) Where the High Court hears any evidence it shall do so in accordance with the existing law and practice as to the taking of evidence in criminal trials in Scotland. (59.5) (1) An appeal to the High Court under section11(6) of the 2011 Act shall be made by lodging a note of appeal in Form59.5. (2) The note of appeal shall be lodged with the Clerk of Justiciary not later than 7days after the making of the decision in question. (3) At the same time as lodging a note of appeal the appellant shall send a copy of the note of appeal to the other party. (4) On an appeal being lodged the Clerk of Justiciary shall— (a) appoint a hearing on the appeal; (b) intimate the time and date of the hearing to the parties.

• (2) In the appendix, at the end insert the Forms set out in Part2 of the Schedule to this Act of Adjournal, namely, Forms59.2, 59.3-A, 59.3-B and 59.5.

SCHEDULE

PART 1

PART 2

Signed

A.C.HAMILTON — Lord Justice General — I.P.D. — 2nd November 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 in consequence of the commencement of the Double Jeopardy (Scotland) Act 2011.

Paragraph2 amends Chapter7A (disclosure).

Paragraph3 inserts new Chapter59 (Double Jeopardy (Scotland) Act 2011).

Footnotes

[^f00001]: 1995 c.46.

[^f00002]: 2010 asp 13.

[^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. 2011/355).

[^f00004]: Chapter7A was inserted by S.S.I. 2011/242, last amended by S.S.I. 2011/290.

[^f00005]: Chapter58 was inserted by S.S.I. 2011/194.

[^f00006]: 2011 asp16.

[^f00007]: Section90A was inserted by section11 of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).