Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2013

Made: 13th June 2013

Laid before the Scottish Parliament: 14th June 2013

Coming into force: 24th June 2013

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 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) 2013.

• (2) It comes into force on 24th June 2013.

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

• (4) The Criminal Procedure Rules 1996[^f00002] are amended in accordance with the following paragraphs.

Reduction of disqualification period for drink-drive offenders

2

• (1) In rule20.19 (reduction of disqualification period for drink-drive offenders)—

• (a) for each reference to “course organiser” and “course organiser’s”, substitute respectively “course provider” and “course provider’s”;

• (b) in subparagraph(1) for each reference to “section34C(2)”, substitute “section34C(3)”;

• (c) in subparagraph (1) for the first reference to “date specified” substitute “relevant date”;

• (d) in subparagraphs (2)(c) and (3) for “date specified” substitute “relevant date”;

• (e) in subparagraph(3) for “section34B(7)”, substitute “section34B(8)”;

• (f) in subparagraph(4) for “section34B(6) or (7)”, substitute “section34B(6) or (8)”.

• (2) In the appendix—

• (a) in Form20.19-A (Form of application under section34B(6) of the Road Traffic Offenders Act 1988)—

• (i) for each reference to “course organiser” and “course organiser’s”, substitute respectively “course provider” and “course provider’s”;

• (ii) for each reference to “date specified”, substitute “relevant date specified”.

• (b) in Form20.19-B (Form of application under section34B(7) of the Road Traffic Offenders Act 1988)—

• (i) for “section34B(7)” substitute “section34B(8)”;

• (ii) for each reference to “course organiser” substitute “course provider”;

• (iii) for each reference to “date specified” substitute “relevant date specified”;

• (iv) the title of the Form becomes “Form of application under section34B(8) of the Road Traffic Offenders Act 1988”.

Compatibility issues and devolution issues

3

• (1) In rule40.12 (orders pending determination of compatibility issues or devolution issues)[^f00003]—

• (a) for paragraph(1) substitute—

(1) Where a court makes a reference mentioned in rule40.10 or rule40.11 it may make such orders as it considers just and equitable in the circumstances pending the determination of the compatibility issue or devolution issue. (1A) Where an appeal under paragraph13(a) of Schedule6 is taken, the High Court of Justiciary may make such orders as it considers just and equitable in the circumstances pending the determination of that appeal. (1B) Without prejudice to the generality of paragraphs(1) and (1A), orders made under those paragraphs may include— (a) an order postponing any diet, including a trial diet, fixed in the case; (b) such orders as the court considers appropriate in relation to bail; (c) subject to paragraph(2), an order extending the period within which any step requires to be taken or event to have occurred.

• (b) in paragraph(2), omit the words “under paragraph(1)(c)”.

• (2) In rule40.13(1)(b)[^f00004] (procedure on receipt of determination of compatibility issue or devolution issue), after “rule40.11” omit the remainder of the sentence.

Written record of state of preparation

4

• (1) In the appendix, Form9A.4 (Form of written record of state of preparation)[^f00005] is amended in accordance with the following subparagraphs.

• (2) In Schedule1 (prosecutor), in question11 (availability of witnesses) for “paragraph9” substitute “paragraph10”.

• (3) In Schedule2 (legal representative), in question14 (availability of witness) for “paragraph9” substitute “paragraph 13”.

Television link evidence

5

In the appendix, in Form23A.1-A (Form of petition for issue of letter of request under section273(2) or 273A(2) of the Criminal Procedure (Scotland) Act 1995)[^f00006]—

• (a) in paragraph1, for “indicated” substitute “indicted”;

• (b) for paragraph6 substitute—

Signed

BRIAN GILL — Lord Justice General — I.P.D. — 13th June 2013

Explanatory note

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

EXPLANATORY NOTE

This Act of Adjournal amends the Criminal Procedure Rules 1996.

Paragraph 2 amends rule20.19 and associated forms in consequence of the commencement of section35 of the Road Safety Act 2006 by the Road Safety Act 2006 (Commencement No. 9 and Transitional Provisions) Order 2012.

Paragraph3 amends Chapter 40 in two respects.

Paragraph3(1) amends rule40.12 (orders pending determination of compatibility issues or devolution issues) to extend its scope to appeals under paragraph13 of Schedule6 to the Supreme Court as well as references to the High Court and Supreme Court in relation to devolution issues and compatibility issues.

Paragraph3(2) amends rule40.13 to clarify that the procedure in that rule applies to all references determined by the Supreme Court.

Paragraph4 amends Form 9A.4 in order to correct some minor typographical errors.

Paragraph5 amends Form23A.1-A to allow for the exclusion of the statement at paragraph6 in cases in which evidence is to be given via television link from another part of the United Kingdom and to correct a typographical error.

Footnotes

[^f00001]: 1995 c.46. Section305 is to be read in accordance with paragraph37 of Schedule6 to the Scotland Act 1998 (c.46).

[^f00002]: 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. 2013/196.

[^f00003]: Rule40.12 was inserted by S.S.I. 2013/72.

[^f00004]: Rule40.13 was inserted by S.S.I. 2013/72.

[^f00005]: Form9A.4 was inserted by S.S.I. 2005/44 and was substituted by S.S.I. 2013/72.

[^f00006]: Form23A.1-A was inserted by S.S.I. 2004/195 and was substituted by S.S.I. 2013/72.