Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Mutual Legal Assistance) 2024

Made: 30th May 2024

Laid before the Scottish Parliament: 31st May 2024

Coming into force: 1st July 2024

The High Court of Justiciary makes this Act of Adjournal under the powers conferred on it by sections272(6) and 305 of the Criminal Procedure (Scotland) Act 1995[^f00001], section 49(2) of the Crime (International Co-operation) Act 2003[^f00002] and all other powers enabling it to do so.

Citation and commencement, etc.

1

• (1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Mutual Legal Assistance) 2024.

• (2) It comes into force on 1st July 2024.

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

Amendment of the Criminal Procedure Rules 1996

2

• (1) The Criminal Procedure Rules 1996[^f00003] are amended in accordance with this paragraph.

• (2) In Chapter 23 (letters of request)[^f00004], in rule 23.1 (applications for letters of request)[^f00005]—

• (a) in paragraph (2), omit “, and shall be accompanied by a proposed letter of request in Form 23.1-C”;

• (b) after paragraph (2), insert—

(2A) A petition referred to in paragraph (1) must be accompanied— (a) subject to paragraph (b), by a proposed letter of request in Form 23.1-C; or (b) where the proposed letter of request is to be sent to a member State of the European Union, by a proposed letter of request in Form 23.1-D.

• (3) In Chapter 23A (television link evidence)[^f00006], in rule 23A.1 (application for television link evidence)—

• (a) in paragraph (1), omit “and shall be accompanied by a letter of request in Form23A.1-B”;

• (b) after paragraph (1), insert—

(1A) A petition referred to in paragraph (1) must be accompanied— (a) subject to paragraph (b), by a letter of request in Form 23A.1-B; or (b) where the letter of request is to be sent to a member State of the European Union, by a letter of request in Form 23A.1-C.

• (4) In Chapter 36 (Crime (International Co-operation) Act 2003)[^f00007]—

• (a) in the heading, for “Co-operation”, substitute “Co-operation)”;

• (b) in rule 36.4 (applications for requests for assistance), for paragraph (e) substitute—

(e) include particulars of the assistance requested and— (i) subject to paragraph (b), a draft request in Form 36.4-B; or (ii) where the request is to be sent to a member State of the European Union, a draft request in Form 36.4-C.

• (5) In the appendix—

• (a) after Form 23.1-C (form of letter of request), insert Form 23.1-D as set out in schedule 1 of this Act of Adjournal;

• (b) after Form 23A.1-B (form of letter of request for evidence to be obtained by television link), insert Form 23A.1-C as set out in schedule 2 of this Act of Adjournal;

• (c) after Form 36.4-B (request for assistance under section 7 of the Crime (International Co-operation) Act 2003), insert Form 36.4-C as set out in schedule 3 of this Act of Adjournal.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

Signed

CJM SUTHERLAND — Lord Justice General — I.P.D. — 30th May 2024

Explanatory note

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

EXPLANATORY NOTE

This Act of Adjournal amends the Criminal Procedure Rules 1996 (“the 1996 Rules”) in consequence of the adoption of standard forms for certain requests for mutual legal assistance under the Trade and Co-operation Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland.

Paragraph 2(2) amends Chapter 23 of the 1996 Rules so that the new standard form is used when an application is made to the court under section 272(1) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) for the issue of a letter of request and the proposed letter of request is to be sent to a member State of the European Union.

Paragraph 2(3) amends Chapter 23A of the 1996 Rules so that the new standard form is used when an application is made to the court under section 273(2) or section 273A(2) of the 1995 Act for the issue of a letter of request and the proposed letter of request is to be sent to a member State of the European Union.

Paragraph 2(4) amends Chapter 36 of the 1996 Rules so that the new standard form is used when an application for request for assistance under section 7(1) of the Crime (International Co-operation) Act 2003 is made to the court and the draft request is to be sent to a member State of the European Union.

Paragraph 2(5) inserts new Forms 23.1-D, 23A.1-C and Form 36.4-C into the appendix of the 1996 Rules.

Footnotes

[^f00001]: 1995 c. 46. Section 305 was amended by section111(1) of the Criminal Justice (Scotland) Act 2016 (asp 1) and by S.S.I.2015/338, and was extended by section 386(3)(a) of the Proceeds of Crime Act 2002 (c. 29), section 36A(4) of the Serious Crime Act 2007 (c. 27) and section 32(5) of the Psychoactive Substances Act 2016 (c. 2).

[^f00002]: 2003 c. 32.

[^f00003]: The Criminal Procedure Rules 1996 are in schedule 2 of the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I.1996/513), last amended by S.S.I. 2023/333.

[^f00004]: Chapter 23 was last amended by S.I. 2020/942.

[^f00005]: Rule 23.1 was amended by S.S.I. 2004/195.

[^f00006]: Chapter 23A was inserted by S.S.I. 2004/195 and last amended by S.S.I. 2013/72.

[^f00007]: Chapter 36 was substituted by S.S.I. 2004/195 and last amended by S.S.I. 2009/345.