The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015

Made: 18th September 2015

Coming into force: 22nd September 2015

In accordance with section 133(2)(b) of that Act[^f00002], a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Citation and commencement

1

This Order may be cited as the Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 and comes into force on 22nd September 2015.

Criminal Procedure (Scotland) Act 1995

2

In section 305(5) of the Criminal Procedure (Scotland) Act 1995[^f00003] (Acts of Adjournal), for “regulation which the Secretary of State is empowered to make by the Courts of Law Fees (Scotland) Act 1895” substitute “provision that the Scottish Ministers are empowered to make under section 107(1) of the Courts Reform (Scotland) Act 2014”.

Modification of enactments

3

The modifications in Schedules 1 and 2 have effect.

Transitional provisions: appeals made to the High Court of Justiciary before 22nd September 2015

4

The modifications in Schedule 2 do not apply to appeals made to the High Court of Justiciary before 22nd September 2015.

SCHEDULE 1 — Exclusive competence of a sheriff

PART 1 — Modification of primary legislation

Court of Session Act 1988

1

In section 26(4) of the Court of Session Act 1988[^f00004] (summary trials), for “section 7 of the Sheriff Courts (Scotland) Act 1907” substitute “section 39 of the Courts Reform (Scotland) Act 2014”.

PART 2 — Modification of secondary legislation

The Human Rights Act 1998 (Jurisdiction) (Scotland) Rules 2000

2

In rule 4(2) of the Human Rights Act 1998 (Jurisdiction) (Scotland) Rules 2000[^f00005] (proceedings under section 9 of the Human Rights Act 1998), for “section 7 of the Sheriff Courts (Scotland) Act 1907” substitute “section 39 of the Courts Reform (Scotland) Act 2014”.

The Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2007

3

Article 2 of the Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2007[^f00006] is revoked.

The Courts Reform (Scotland) Act 2014 (Commencement No. 2, Transitional and Saving Provisions) Order 2015

4

Article 7 (2)(d)(iii) of the Courts Reform (Scotland) Act 2014 (Commencement No. 2, Transitional and Saving Provisions) Order 2015[^f00007] (saving of subordinate legislation under section 41 of the Sheriff Courts (Scotland) Act 1971) is revoked.

SCHEDULE 2 — Establishment of the Sheriff Appeal Court

PART 1 — Modification of primary legislation

Animal Health Act 1981

1

• (1) Section 28E of the Animal Health Act 1981[^f00008] (deliberate infection: deprivation orders) is amended as follows.

• (2) In subsection (11), for “High Court of Justiciary” substitute “appropriate Appeal Court”.

• (3) After subsection (11) insert—

(11A) In subsection (11), “appropriate Appeal Court” means— (a) in the case of an appeal against an order made following summary conviction, the Sheriff Appeal Court; and (b) in the case of an appeal against an order made following conviction on indictment, the High Court of Justiciary.

Road Traffic Offenders Act 1988

2

• (1) Section 41 of the Road Traffic Offenders Act 1988[^f00009] (power of High Court of Justiciary to suspend disqualification) is amended as follows.

• (2) In subsection (2)—

• (a) the words “to the High Court of Justiciary” are repealed; and

• (b) after “the court” where it first occurs insert “hearing the appeal”.

• (3) After subsection (2) insert—

(2A) Where the court hearing the appeal is the Sheriff Appeal Court, the reference in subsection (2) to a single judge of the court is a reference to an Appeal Sheriff.

• (4) In subsection (3), for “High Court” substitute “court hearing the appeal”.

• (5) The title of that section becomes “Power of appellate courts in Scotland to suspend disqualification.”.

Dangerous Dogs Act 1991

3

• (1) Section 4 of the Dangerous Dogs Act 1991[^f00010] (destruction and disqualification orders) is amended as follows.

• (2) In subsection (9)—

• (a) in paragraph (a), for “High Court of Justiciary” substitute “appropriate Appeal Court”; and

• (b) after paragraph (a) insert—

(aa) In paragraph (a), “appropriate Appeal Court” means— (i) in the case of an appeal against an order made following summary conviction, the Sheriff Appeal Court; and (ii) in the case of an appeal against an order made following conviction on indictment, the High Court of Justiciary.

Proceeds of Crime (Scotland) Act 1995

4

• (1) Section 27 of the Proceeds of Crime (Scotland) Act 1995[^f00011] (appeal against court decision under section 25(1) or 26(1)) is amended as follows.

• (2) In each of subsections (1) and (3), for “High Court of Justiciary” substitute “appropriate Appeal Court”.

• (3) In subsection (1), for “High Court” substitute “appropriate Appeal Court”.

• (4) After subsection (3) insert—

(4) In this section, “appropriate Appeal Court” means— (a) in the case of an appeal under this section against the refusal or grant of an application in summary proceedings, the Sheriff Appeal Court; and (b) in the case of an appeal under this section against the refusal or grant of an application in proceedings on indictment, the High Court of Justiciary.

Criminal Procedure (Scotland) Act 1995

5

• (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

• (2) In section 62 (appeal by accused not criminally responsible or unfit for trial)—

• (a) in each of subsections (1), (2), (5) and (6), for “High Court” in each place where it occurs substitute “appropriate Appeal Court”; and

• (b) after subsection (7) insert—

(8) In this section, “appropriate Appeal Court” means— (a) in the case of an appeal under subsection (1) against a finding or refusal, or an order made, in proceedings on indictment, the High Court; (b) in the case of an appeal under subsection (1) against a finding or refusal, or an order made, in summary proceedings, the Sheriff Appeal Court.

• (3) In section 63 (appeal by prosecutor where accused found not criminally responsible or unfit for trial)—

• (a) in each of subsections (1), (2), (4) and (5), for “High Court” in each place where it occurs substitute “appropriate Appeal Court”; and

• (b) after subsection (6) insert—

(7) In this section, “appropriate Appeal Court” means— (a) in the case of an appeal under subsection (1) against a finding or an acquittal made in proceedings on indictment, the High Court; (b) in the case of an appeal under subsection (1) against a finding or an acquittal made in summary proceedings, the Sheriff Appeal Court.

• (4) In section 147(3) (appeal against grant or refusal of any application to extend the period mentioned in section 147(1)), for “High Court” substitute “Sheriff Appeal Court”.

• (5) In section 156D[^f00012] (appeals in respect of orders under section 156A(1))—

• (a) in subsection (1), for “High Court” substitute “Sheriff Appeal Court”;

• (b) in subsection (4), for “High Court or any Lord Commissioner of Justiciary” substitute “Sheriff Appeal Court or any Appeal Sheriff”; and

• (c) in subsection (5), for “High Court or, as the case may be, the Lord Commissioner of Justiciary” substitute “Sheriff Appeal Court or, as the case may be, Appeal Sheriff”.

• (6) In section 200 (remand for inquiry into physical or mental condition)—

• (a) in subsection (9), for “High Court” in each place where it occurs substitute “appropriate Appeal Court”;

• (b) in subsection (9A)(b)[^f00013], for “Clerk of Justiciary” in each place where it occurs substitute “clerk of the appropriate Appeal Court”; and

• (c) after subsection (11) insert—

(12) In this section— - “appropriate Appeal Court” means—in the case of an appeal under subsection (9) against a decision of the High Court, that Court;in the case of an appeal under subsection (9) against a decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court; and - “the clerk of the appropriate Appeal Court” means—in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.

• (7) In section 201 (power of court to adjourn case before sentence)—

• (a) in subsection (4), for “High Court” in each place where it occurs substitute “appropriate Appeal Court”;

• (b) in subsection (5)(b), for “Clerk of Justiciary” in each place where it occurs substitute “clerk of the appropriate Appeal Court”; and

• (c) after subsection (5) insert—

(6) In this section— - “appropriate Appeal Court” means—in the case of an appeal under subsection (4) against a decision of the High Court, that Court;in the case of an appeal under subsection (4) against a decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court; and - “the clerk of the appropriate Appeal Court” means—in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.

• (8) In section 245J[^f00014] (breach of certain orders: adjourning hearing and remanding in custody etc.)—

• (a) in subsection (5), for “High Court” in each place where it occurs substitute “appropriate Appeal Court”;

• (b) in subsection (6)(b), for “Clerk of Justiciary” in each place where it occurs substitute “clerk of the appropriate Appeal Court”; and

• (c) after subsection (6) insert—

(7) In this section— - “appropriate Appeal Court” means—in the case of an appeal under subsection (4) against a decision of the High Court, that Court;in the case of an appeal under subsection (4) against a decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court; and - “the clerk of the appropriate Appeal Court” means—in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In section 271V[^f00016] (appeals)—

• (a) in each of subsections (1) and (4)(b), for “High Court” substitute “appropriate Appeal Court”; and

• (b) after subsection (5) insert—

(6) In this section, “appropriate Appeal Court” means— (a) in the case of an appeal under this section against a decision made in proceedings on indictment, the High Court; (b) in the case of an appeal under this section against a decision made in summary proceedings, the Sheriff Appeal Court.

• (11) In section 271W (appeal against the making of a witness anonymity order), in each of subsections (1)(b) and (2) for “High Court” substitute “court hearing the appeal”.

• (12) In section 271X (appeal against the refusal to make a witness anonymity order), in each of subsections (1)(b) and (2) for “High Court” substitute “court hearing the appeal”.

• (13) In section 271Y (appeal against a variation of a witness anonymity order), in each of subsections (1)(b), (2) and (3) for “High Court” substitute “court hearing the appeal”.

• (14) In section 271Z (appeal against a refusal to vary or discharge a witness anonymity order), in each of subsections (1)(b), (2) and (3) for “High Court” substitute “court hearing the appeal”.

• (15) In section 298 (trial judge’s report)—

• (a) in subsection (1), for “sections 113 and 186(3)(b)” substitute “section 113”;

• (b) in subsection (1)(a), for “, 108A or 175(2) to (4)” substitute “or 108A”;

• (c) after subsection (2) insert—

(2A) Without prejudice to section 186(3)(b) of this Act, the Sheriff Appeal Court may, in relation to— (a) an appeal under section 175(2) to (4) of this Act; or (b) an appeal by way of bill of suspension or advocation, at any time before the appeal is finally determined order the judge who presided at the trial, passed sentence or otherwise disposed of the case to provide to the Clerk of the Sheriff Appeal Court a report in writing giving the judge’s opinion in the case generally or in relation to any particular matter specified in the order. (2B) The Clerk of the Sheriff Appeal Court must send a copy of the report provided under subsection (2A) above to the convicted person or their solicitor, the prosecutor and, in relation to cases referred under Part XA of this Act, the Commission.

; and

• (d) in subsection (3)—

• (i) for “subsection (2)” substitute “subsections (2) and (2B)”; and

• (ii) after “High Court” insert “or the Sheriff Appeal Court (as the case may be)”.

• (16) In section 298A (intimation of bills and of petitions to the nobile officium)[^f00017]—

• (a) in subsection (1)—

• (i) the word “or” immediately after paragraph (b) is repealed;

• (ii) in paragraph (c), after “High Court” insert “or the Sheriff Appeal Court”;

• (b) in subsection (4)—

• (i) the word “or” immediately after paragraph (b) is repealed;

• (ii) in paragraph (c), after “High Court” insert “or the Sheriff Appeal Court”; and

• (c) in subsection (9), after “Clerk of Justiciary” insert “or the Clerk of the Sheriff Appeal Court (as the case may be)”.

• (17) In section 299 (correction of entries)—

• (a) in subsection (2)—

• (i) in paragraph (a), after “Clerk of Justiciary” insert “or the Clerk of the Sheriff Appeal Court (as the case may be)”; and

• (ii) in paragraph (c), after “High Court” insert “or the Sheriff Appeal Court (as the case may be)”; and

• (b) in subsection (4), for “High Court” substitute “court hearing the appeal”.

• (18) In section 300 (amendment of records of conviction and sentence in summary proceedings), in each of subsections (1) and (3), for “High Court” in each place where it occurs (other than in the expression “judge of the High Court”) substitute “Sheriff Appeal Court”.

• (19) In section 300A(2)[^f00018] (power to excuse procedural irregularities on appeal), for “High Court” substitute “court hearing the appeal”.

• (20) In section 301A[^f00019] (recovery of documents)—

• (a) in each of subsections (5) and (6), for “High Court” substitute “appropriate Appeal Court”; and

• (b) after subsection (8) insert—

(9) In this section, “appropriate Appeal Court” means— (a) in the case of an appeal under subsection (5) against a decision made in solemn proceedings, the High Court; (b) in the case of an appeal under subsection (5) against a decision made in summary proceedings, the Sheriff Appeal Court.

• (21) In section 303A[^f00020] (transfer of rights of appeal of deceased person)—

• (a) in subsection (1), for “High Court” substitute “appropriate Appeal Court”;

• (b) in subsection (2), for “Clerk of Justiciary” substitute “clerk of the appropriate Appeal Court”;

• (c) in each of subsections (2) and (4), for “Court” in each place where it occurs substitute “appropriate Appeal Court”; and

• (d) after subsection (6) insert—

(7) In this section— - “appropriate Appeal Court” means—in the case of an appeal proposed to be instituted or continued before the High Court, the High Court;in the case of an appeal proposed to be instituted or continued before the Sheriff Appeal Court, the Sheriff Appeal Court; and - “the clerk of the appropriate Appeal Court” means—in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.

Protection of Wild Mammals (Scotland) Act 2002

6

In section 9 of the Protection of Wild Mammals (Scotland) Act 2002[^f00021] (disqualification orders), in each of subsections (8) and (9) for “High Court” substitute “Sheriff Appeal Court”.

Fur Farming (Prohibition) (Scotland) Act 2002

7

In section 2(8) of the Fur Farming (Prohibition) (Scotland) Act 2002[^f00022] (forfeiture orders), for “High Court of Justiciary” substitute “Sheriff Appeal Court”.

Sexual Offences Act 2003

8

In section 111(d) of the Sexual Offences Act 2003[^f00023] (appeals in relation to SOPOs and interim SOPOs: Scotland), for “High Court of Justiciary” substitute “court hearing the appeal”.

Police, Public Order and Criminal Justice (Scotland) Act 2006

9

• (1) The Police, Public Order and Criminal Justice (Scotland) Act 2006[^f00024] is amended as follows.

• (2) In section 60(3) (appeals)—

• (a) for “High Court of Justiciary” substitute “court hearing the appeal”; and

• (b) for “High Court” substitute “court hearing the appeal”.

• (3) After section 95(4) (sentencing: consideration of undisclosed information) insert—

(4A) Subsection (3) does not prevent disclosure by the court or the Clerk of the Sheriff Appeal Court in connection with proceedings to which section 96A applies.

• (4) In section 96 (appeals etc.: undisclosed information)—

• (a) in subsection (1)(a), for “, 108A or 175(2) to (4)” substitute “or 108A”;

• (b) in subsection (2), the words “,180 or 187” are repealed;

• (c) in subsection (5), the words “, 179(8), 180(10), 186(4)(b), 187(9)” are repealed; and

• (d) in subsection (8), after “this section” insert “or to section 96A”.

• (5) The title of that section becomes “Appeals etc. in the High Court: undisclosed information”.