Legalize / United Kingdom / Statutory-Instrument

Act of Adjournal (Consolidation) 1988

Type Statutory-Instrument

Publication 1988-01-21

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) In any case where the record of the evidence of a witness is in the custody of a sheriff clerk under this rule and where intimation has been given to that effect to all the parties concerned in the proceedings under rule 104(3), the name and address of that witness and the record of his evidence shall be treated as being within the knowledge of those parties.

Prohibition of reference to evidence without leave

106

(1) No reference shall be made either directly or indirectly in any proceedings to the evidence, or any part of the evidence, of a witness whose evidence has been taken under rule 102 unless the party seeking to make such reference has made a motion to the court to that effect and that motion has been granted.

(2) The terms of any motion made under paragraph (1) and the grant or refusal of that motion by the court shall be noted by the clerk of court in the minutes of proceedings.

Evidence on Commission

Application

107

(1) An application to the court by the prosecutor or the defence under section 32(1)(b) of the 1980 Act for the appointment of a commissioner to examine a witness to whom that section applies shall be made by way of petition in the form set out in Form 56 of Schedule 1.

(2) An application so made shall be lodged with the sheriff clerk.

Appointment of Commissioner

108

(1) On making an order granting an application under rule 107, the sheriff shall appoint a commissioner to examine the witness or witnesses to whom the order applies and a clerk to assist the commissioner in the carrying out of his duties; and shall dispense with interrogatories.

(2) On the sheriff making an order under paragraph (1), the sheriff clerk shall send the order to either the commissioner or his clerk together with the other relative documents.

(3) On the sending of the relative order and documents to the commissioner or his clerk under paragraph (2), the sheriff clerk shall note the order and documents sent, to whom they were sent, and the date on which they were sent, on the application, or in the minutes of proceedings.

Commission

109

(1) The Commissioner shall, on receiving the order and documents mentioned in rule 108, determine the place and the date and time of the diet or diets for the examination of the witness or witnesses to whom the order of the court relates and shall give reasonable notice of those matters to all the parties concerned.

(2) The commissioner may vary or revoke his determination or adjourn the examination of any witness to such other place, at such other date and time as he may determine.

(3) If in the course of the examination of a witness under this rule any question arises as to the admissibility of any evidence, the commissioner shall not determine any such question, but shall allow the evidence subject to all questions of competency and relevancy.

Commissioner’s report

110

On the carrying out of his commission in accordance with the terms of the order appointing him, or otherwise on concluding his commission, the commissioner shall complete a written report of his commission and he or his clerk shall return the report and relative documents to the sheriff clerk.

Application of other provisions

111

The following rules shall apply to an application under rule 107 as they apply to an application under rule 101:—

rule 102(1) to (3);

rule 103;

rule 104(3);

rule 105;

rule 106.

Interim Hospital Order

Application

112

(1) Where the court has made or renewed an interim hospital order under section 375A[^f00026] and the responsible medical officer has intimated to the prosecutor either—

(a) that he seeks a continuation of the order, or

(b) that he seeks termination of the order before the date on which it would otherwise cease to have effect,

the prosecutor shall make an application in the form set out in Form 29 of Schedule 1 to the court which made the order, to renew or terminate the order, as the case may be.

(2) Where an application is made under paragraph (1)—

(a) the court shall, by interlocutor in the form set out in Form 30 of Schedule 1 appoint a diet for hearing the application and, where appropriate, grant warrant to authorised officers of the hospital, or officers of law, for conveyance of the offender from the hospital to the court for that diet; and

(b) the clerk of court shall intimate the application and the diet to the offender or his solicitor.

(3) Where, in an application under paragraph (1)(a), the court renews an interim hospital order before the date on which the order would otherwise cease to have effect, the period of renewal shall commence from the date on which the order would otherwise cease to have effect.

(4) Where the court makes an order to renew or terminate an interim hospital order before the date on which it would otherwise cease to have effect, the adjourned diet fixed when the previous order of the court was made shall be treated as being discharged.

Reference to European Court

Interpretation

113

In this rule and in rules 114 to 118, unless the context otherwise requires—

“the European Court” means the Court of Justice of the European Communities;

“question” means a question within the meaning of Article 177 of the Treaty establishing the European Economic Community, Article 150 of the Treaty establishing the European Atomic Energy Community or Article 41 of the Treaty establishing the European Coal and Steel Community;

“reference” means a request to the European Court for a preliminary ruling on a question.

Notice

114

(1) If a question is to be raised in any summary proceedings (other than proceedings on appeal) notice of intention to do so shall be given before the accused is called on to plead to the complaint.

(2) Where notice is given it shall be entered in the minute of proceedings and the court shall not then call on the accused to plead to the complaint.

(3) The court may hear parties on the question forthwith or may adjourn the case to a specified date for such hearing.

(4) After hearing parties the court may determine the question or may decide that a preliminary ruling should be sought.

(5) If the court determines the question the accused shall then (where appropriate) be called on to plead to the complaint.

Proceedings on appeal, etc.

115

(1) If a question is raised in the High Court in any proceedings on appeal or on a petition for the exercise of the Court’s nobile officium the court shall proceed to make a reference.

(2) In this rule references to proceedings on appeal are references to proceedings on appeal under the 1975 Act and on appeal by bill of suspension, bill of advocation or otherwise.

Reference

116

(1) If the court decides that a preliminary ruling should be sought the court shall—

(a) give its reasons and cause those reasons to be recorded in the minute of proceedings;

(b) continue the proceedings from time to time as necessary for the purposes of the reference.

(2) The reference—

(a) shall be drafted in the form set out in Form 31 of Schedule 1 and the court may give directions to the parties as to the manner in which and by whom the case is to be drafted and adjusted;

(b) shall thereafter be adjusted at the sight of the court in such manner as may be so directed;

(c) after approval and the making of an appropriate order by the court, shall (after the expiry of the period of appeal) be transmitted by the clerk of the court to the Registrar of the European Court, along with a certified copy of the relative minute of proceedings and, where applicable, a certified copy of the relative complaint.

Preliminary ruling

117

When a preliminary ruling has been given by the European Court on a question referred to it and the ruling has been received by the clerk of the court which made the reference, it shall be laid by the clerk before the court, and the court shall then give directions as to further procedure, which directions shall be intimated by the clerk along with a copy of the ruling to each of the parties to the proceedings.

Appeal against reference

118

(1) Where an order making a reference is made under rule 116, any party to the proceedings who is aggrieved by the order may within 14 days thereafter appeal against the order to the High Court sitting as a court of appeal, but this rule does not apply to such an order made in proceedings in the High Court sitting as a court of appeal and proceedings on petitions to that Court for the exercise of its nobile officium.

(2) Any appeal under this rule shall be taken by lodging with the clerk of the court that made the order a note of appeal in the form set out in Form 32 of Schedule 1 and signed by the appellant or his solicitor; and a copy of the note shall be served by the appellant on each other party to the proceedings.

(3) The clerk shall record the lodging of the note in the minute of proceedings and shall forthwith transmit the note to the Clerk of Justiciary, together with the minute and a certified copy of the relative complaint.

(4) In disposing of an appeal under this rule the High Court (sitting as a court of appeal) may—

(a) either sustain or dismiss the appeal and in either case remit the proceedings to the court of first instance with instructions to proceed as accords;

(b) give such directions for other procedure as it thinks fit.

(5) Unless the court making the order otherwise directs, a reference shall not be transmitted to the Registrar of the European Court before the time allowed by this rule for appealing against the order has expired or before the appeal has been disposed of or withdrawn.

PART II — PROCEDURE AT TRIAL

Accused to plead personally and to receive intimation of diets

119

(1) Subject to paragraph (2), in any summary proceedings where a person accused in those proceedings is personally present in court, that person shall himself plead to the charge against him whether or not he is represented.

(2) If the judge is satisfied that the accused is not capable for any reason of pleading personally to the charge against him, it shall be sufficient if the plea is tendered by a solicitor or by counsel on his behalf.

(3) Where an accused is not represented or not personally present and a court continues a diet without taking a plea from the accused, the prosecutor shall intimate the continuation and the date of the adjourned diet to the accused.

(4) Subject to section 338(1)(a), where an accused is not represented or not personally present, on the fixing of—

(a) a diet of trial;

(b) a diet after conviction; or

the sheriff clerk or clerk of the district court shall intimate the diet to the accused.

Restrictions on report of proceedings involving a person under 16

120

(1) Any direction made by a court under sub-paragraph (i) of the proviso to section 374[^f00027] shall specify the person in respect of whom the direction is made.

(2) Any direction made by a court under sub-paragraph (ii) of the proviso to that section shall specify the person in respect of whom the direction is made and the extent to which the provisions of that section are dispensed with in relation to that person.

(3) Any such direction shall be pronounced in open court and its terms shall be recorded in the minute of proceedings and the direction as so recorded shall be authenticated by the signature of the presiding judge.

Form of oaths to witnesses

121

(1) Where the judge administers the oath to a witness, he shall do so in accordance with the form set out in Part 3 of Form 33 of Schedule 1.

(2) In the case of any witness who elects to affirm, the judge shall administer the affirmation in accordance with the form set out in Part 4 of that Form.

(3) The oath or the affirmation so administered shall be treated as having been administered in common form.

Notice of use of autopsy and forensic science reports in evidence

122

(1) For the purposes of the application of section 26(6) of the 1980 Act to any summary proceedings, an autopsy report shall not be treated as having been lodged as a production by the prosecutor unless it has been lodged as a production not later than 14 days before the date of the trial diet.

(2) For the purpose of the application of section 26(7) of the Act to any summary proceedings, the prosecutor shall intimate his intention in accordance with the provisions of sub-section (7) by serving a copy of the autopsy or forensic science report lodged by him on the accused together with a notice of his said intention not later than 14 days before the date of the trial diet.

(3) Any notice given by an accused under section 26(6) shall be in writing and shall be given to the prosecutor.

PART III — CONVICTION AND SENTENCE

Interruption of proceedings

123

(1) On conviction of an accused person in summary proceedings the judge may, without adjourning those proceedings, interrupt them by—

(a) considering a conviction against that person in other proceedings pending before that court for which he has not been sentenced;

(b) passing sentence on that person in respect of the conviction in those other proceedings.

(2) When the judge has interrupted any proceedings under the powers contained in paragraph (1), he may in passing sentence on an accused person in respect of a conviction in those proceedings at the same time pass sentence on that person in respect of any other conviction he has considered thereunder.

(3) No interruption of any proceedings under the powers contained in paragraphs (1) and (2) shall cause the instance to fall in respect of any person accused in those proceedings or shall otherwise affect the validity of those proceedings.

124

(1) The forms set out in Forms 57 to 69 of Schedule 1 shall have effect in summary proceedings for the purpose of determining means in respect of fines and related matters.

(2) Those forms may be used for that purpose with such variations as circumstances may require.

(3) This rule does not affect the Second Schedule to the Summary Jurisdiction (Scotland) Act 1954[^f00028].

Compensation orders

125

(1) The provisions of this rule apply to compensation orders made by courts against convicted persons under Part IV of the 1980 Act.

(2) Entries shall be made in the minutes of proceedings by the clerk of court on the making of a compensation order, specifying the terms of the order and in particular—

(a) the name of the convicted person or persons required to pay compensation;

(b) the amount of compensation required to be paid by such person or such persons;

(d) where there is more than one such person, the amount of compensation each is entitled to and the priority, if any, among those persons for payment.

(3) The prosecutor, if he knows that any person entitled to payment of compensation under a compensation order is under any legal disability, shall so inform the court immediately it makes any such order in respect of any such person, and that information shall be entered by the clerk of court in the minutes of proceedings.

(4) Those entries shall be authenticated by the signature of the clerk of court.

(5) The judge may, at any time before a compensation order is fully complied with, and after such further enquiries as the court may order, vary the terms of the order as he thinks fit.

(6) A variation order under paragraph (5) may be made in chambers and in the absence of the parties, or any of them.

(7) An application to discharge a compensation order or to reduce the amount that remains to be paid under section 64 of the 1980 Act shall be made in writing to the clerk of the court to whom application may be made in accordance with the provisions of that section.

(8) The clerk of court shall, on any such application being made to him, cause intimation of the application to be given to the procurator fiscal.

(9) The court to whom the application is made may dispose of the application after such inquiry as it thinks fit.

(10) Where payment of any sum is made under a compensation order to the clerk of court in respect of a person known to be under a legal disability, paragraphs (1) to (3) and (5) of rule 128 of the First Schedule to the Sheriff Courts (Scotland) Act 1907 shall apply to the administration of that sum as they apply to the administration of a sum of money paid into court in respect of damages for such a person.

Form of probation order

126

A probation order shall be in the form set out in Form 35 of Schedule 1.

PART IV — APPEAL PROCEDURE

Forms for appeal

127

For the purposes of appeals in summary proceedings the forms specified by numbers in column 3 of the Table set out below and set out under those numbers in Schedule 1 are the forms prescribed under the 1975 Act for the purposes of the sections of that Act specified in column 1 of the Table relating respectively to the matters summarised in column 2 of the Table, and shall have effect for those purposes.

(1)	(2)	(3)
No. of Section	Content	No. of Form
442A(2)[^f00029]	Minute abandoning appeal against conviction only	70
444[^f00030]	Application for a stated case	71
447(2)[^f00031]	Stated case	72
449[^f00032]	Minute abandoning stated case	70
450[^f00033]	Minutes of procedure in appeal by stated case	73
453B[^f00034]	Minutes of procedure in note of appeal	74
451(2)[^f00035]	Extension of time limit by sheriff principal	75
453B(1)	Note of appeal against sentence	76
453B(4)	Extension of time limit by sheriff principal	75
453B(7)	Minute abandoning appeal	77.

Appeals from decisions on competency and relevancy

128

(1) If—

(a) an accused states an objection to the competency or relevancy of the complaint or the proceedings; and

(b) that objection is repelled,

he may only apply for leave to appeal against that decision under section 334(2A)[^f00036] after stating how he pleads to the charge or charges set out in the complaint.

(2) Subject to paragraph (1), the accused shall apply for leave to appeal against any decision to which that paragraph applies and the court shall determine that application immediately following the decision in question.

(3) If the court grants the application, the clerk of court shall enter in the minutes of proceedings—

(a) details of the decision in question, and

(b) the granting of leave to appeal against it.

(4) An appeal under section 334 shall be made by way of note of appeal in the form set out in Form 78 of Schedule 1.

(5) The note of appeal shall be lodged with the clerk of the court that granted leave to appeal not later than 2 days after the decision in question.

(6) The clerk of court shall, on the lodging of the note of appeal with him—

(a) send a copy to the respondent or his solicitors;

(b) request a report from the presiding judge;

(c) transmit the note of appeal, and certified copies of the complaint, minutes of proceedings and relevant documents to the Clerk of Justiciary.

(7) The presiding judge shall, as soon as possible after receiving the request for a report, send his report to the Clerk of Justiciary, who shall send a copy to the appellant and respondent or their solicitors.

(8) The Clerk of Justiciary shall arrange for the Appeal Court to hear the appeal as soon as possible, and shall cause to be copied any documents necessary for the Appeal Court.

(9) If the High Court makes any order postponing the trial diet under section 334(2B), or makes any such order and gives a direction under that section, the Clerk of Justiciary shall send a copy of that order, or of that order and direction, to the appropriate clerk of court and to any accused who are not parties to the appeal, or to their solicitors, and to the governor of any institution in which any of the accused is detained.

(10) Any such appeal may be abandoned at any time prior to the hearing of the appeal.

(11) An appeal shall be abandoned by lodging with the Clerk of Justiciary a minute of abandonment in the form set out in Form 79 of Schedule 1.

(12) On the lodging of a minute of abandonment under paragraph (11), the Clerk of Justiciary shall inform the appropriate clerk of court and the respondent or his solicitor that the appeal has been abandoned, and the court of first instance may then proceed as accords.

Abandoning appeal against conviction only

129

(1) The provisions of this rule apply to an appellant abandoning his appeal against conviction and proceeding with the appeal against sentence alone under section 442A(2).

(2) An application to abandon under paragraph (1) shall be made by way of minute signed by the appellant or his solicitor and intimated by him to the respondent.

(3) Subject to paragraph (4), the minute shall be lodged with the clerk of the court which imposed sentence.

(4) If prior to the lodging of the minute the stated case has been lodged with the Clerk of Justiciary, the minute shall be lodged with him and he shall immediately send a copy of the minute to the clerk of the court which imposed sentence.

(5) If prior to the lodging of the minute prints of the stated case and relative proceedings have been lodged with the Clerk of Justiciary, those prints shall be used for the purposes of the hearing of the appeal against sentence.

(6) On the lodging of the minute, the provisions of sections 453B(3) to 453E[^f00037] shall apply to the minute as they apply to a note of appeal.

Extension of time for appeal against sentence only

130

(1) Where by virtue of the provisions of section 453B(6), the court makes an order extending the period within which the note of appeal shall be lodged under subsection (2) of that section, the periods mentioned in subsections (2) and (4) of that section shall run from the date which is 2 days after the date on which the court makes that order and not from the passing of the sentence.

(2) If the date from which an extended period runs by virtue of paragraph (1) is a Saturday, Sunday or court holiday prescribed for the relevant court, the date shall be the next date that is not a Saturday, Sunday or court holiday.

Intimation to Crown of abandonment

131

The Clerk of Justiciary or the clerk of court, as the case may be, on the lodging with him of—

(a) a minute abandoning an appeal by stated case under section 449;

(b) a minute abandoning a note of appeal against sentence under section 453B(7),

shall notify immediately the Crown Agent or the prosecutor, as the case may be, of the lodging of the minute.

Suspension of disqualification from driving pending application to sentencing court

132

(1) Where a person who has been disqualified from holding or obtaining a driving licence appeals against that disqualification by stated case under section 442[^f00038], any application to suspend the disqualification shall be made together with the application to the court to state a case for the opinion of the High Court.

(2) On an application being made under paragraph (1) to suspend a disqualification, the court shall grant or refuse to grant the application within 7 days of it being made.

(3) If the court refuses to grant the application and the appellant applies to the High Court to suspend the disqualification, any such application shall be made by Note in the form set out in Form 80 of Schedule 1.

(4) The Note shall be lodged by the appellant or his solicitor with the Clerk of Justiciary.

(5) The appellant or his solicitor shall intimate the lodging of the Note to the respondent and the clerk of the court which imposed the sentence of disqualification.

(6) The clerk shall on receiving such intimation forthwith send to the Clerk of Justiciary—

(a) a certified copy of the complaint;

(b) a certified copy of the minute of proceedings.

(7) The Court may order such further intimation (including intimation to the Lord Advocate) as it thinks fit, and may dispose of the application in open court or in chambers after such hearing as it thinks fit.

(8) On the High Court making an order on the Note, the Clerk of Justiciary shall send a certified copy of the order to the clerk.

(9) If the order suspends the disqualification, the Clerk of Justiciary shall also send a certified copy of the order to the Secretary of State with such further information as the Secretary of State may require.

(10) An order made by a single judge of the High Court under this rule shall not be subject to review.

Bill of Suspension

133

(1) Where a person who has been disqualified from holding or obtaining a driving licence appeals against that disqualification by Bill of Suspension, an application to suspend the disqualification shall be made by requestinginterim suspension of the disqualification in the prayer of the Bill.

(2) If the Court ordersinterim suspension that order shall not have effect until—

(a) the Bill has been served on the respondent; and

(b) the principal Bill and first deliverance together with an execution or acceptance of service have been exhibited to the clerk of the sentencing court and he has endorsed a certificate of exhibition, and they have been returned to the Clerk of Justiciary by the complainer or his solicitor.

(3) On certifying the Bill under paragraph (2), the clerk of the sentencing court shall send a certified copy of the complaint and the relative minute of proceedings to the Clerk of Justiciary.

(4) Paragraphs (2), (8), (9) and (10) of rule 132 apply to this rule as they apply to that rule.

Intimation of determination of appeal

134

(1) The Clerk of Justiciary shall send to the clerk of the sentencing court a certified copy of the order made on determination of the appeal or complaint.

(2) If the appeal or complaint against the disqualification is refused, the clerk shall make the appropriate endorsement on the appellant’s or complainer’s driving licence, and intimate the disqualification.

Duties of Solicitors

Edinburgh solicitor

135

(1) Where an appellant in any appeal is represented by a solicitor who does not practise in Edinburgh, that solicitor shall appoint a solicitor who practises in Edinburgh (“Edinburgh solicitor”, to carry out the duties of solicitor to the appellant in relation to that appeal.

(2) In paragraph (1), “appeal” includes any appeal whether by way of stated case, note of appeal, or Bill of Suspension or Advocation.

(3) The Edinburgh solicitor so appointed or if unrepresented, the appellant or complainer, shall enter appearance and comply with the provisions of section 448(4)[^f00039] (intimation of stated case to repondent and lodging with Clerk of Justiciary together with certificate of intimation).

Duty to print stated case, etc.

136

(1) The Edinburgh solicitor (or, if unrepresented, the appellant or complainer) shall—

(a) have printed the complaint, minutes of proceedings, and stated case or Bill;

(b) not later than 7 days before the hearing, return the process to the Clerk of Justiciary;

(i) the Clerk of Justiciary, and

(ii) the Edinburgh solicitor for the respondent.

(2) If the Edinburgh solicitor or the appellant or complainer, as the case may be, cannot comply with any of the requirements of paragraph (1), he shall, not later than 7 days before the hearing, so inform the Clerk of Justiciary with reasons.

(3) On being so informed the Clerk of Justiciary may in his discretion postpone the hearing by dropping the appeal from the Justiciary Roll.

(4) If he does not do so, the Court may at the hearing allow the appeal to be dropped from the Roll, or may dismiss the appeal.

List of appeals

137

(1) The Clerk of Justiciary shall, after consultation with the Lord Justice General or Lord Justice Clerk, issue a list of appeals with the respective dates of hearing on the Justiciary Roll.

(2) He shall give the respective Edinburgh solicitors representing appellants whose appeal is so listed at least 14 days notice of the date fixed for the hearing of the appeal.

Duty of Edinburgh solicitor in Bills of Suspension

138

(1) This rule and rules 134 to 136 apply to Bills of Suspension and of Suspension and Liberation.

(2) An Edinburgh solicitor who requests a first deliverance shall comply with the require-ments of rule 136(1) and (2) whether or not he is so nominated for the purposes of legal aid.

(3) The Clerk of Justiciary shall in appropriate cases inform such a solicitor who has not been so nominated of the requirements of the rules where appropriate.

Diet for interim suspension

139

Where a Bill contains a prayer forinterim suspension of any order or forinterim liberation, the judge before whom the Bill is laid for a first deliverance shall assign a diet at which counsel for the parties may be heard on theinterim prayer; and the Clerk of Justiciary shall forthwith give notice of that diet to the parties.

PART V — PROCEDURE IN SPECIAL SUMMARY PROCEEDINGS

Proceedings against Children

Interpretation

140

In this rule and in rules 141 to 147—

“the Act of 1937” means the Children and Young Persons (Scotland) Act 1937[^f00040];

“the Act of 1968” means the Social Work (Scotland) Act 1968[^f00041];

“child” means a child within the meaning of Part III of the Act of 1968;

“court” means the sheriff sitting as a court of summary jurisdiction.

Application of normal procedure

141

The procedure in summary proceedings shall apply in relation to proceedings against a child as it applies to proceedings against an adult subject to the provisions of the Acts of 1937, 1968, 1975 and 1980 and this Part.

Commencement of proceedings

142

Proceedings against a child shall be commenced only on the instructions of the Lord Advocate by complaint at the instance of the procurator fiscal.

Assistance for unrepresented child

143

(1) If the child is unrepresented in any such proceedings, the parent or guardian of the child may assist him in conducting his defence.

(2) If the parent or guardian cannot be found, or cannot in the opinion of the court reasonably be required to attend, the court may allow any relative or other responsible person to assist the child in conducting his defence.

Procedure

144

In any case where a child is brought before a court on a complaint the court—

(a) shall explain to the child the substance of the charge in simple language suitable to his age and understanding, and shall then ask the child whether he admits the charge;

(b) if the child has been brought before the court on apprehension, shall inform him that he is entitled to an adjournment of the case for not less than 48 hours;

(c) if the child does not admit the charge, may adjourn the case for trial to as early a diet as is fair to both parties, and in that event shall give intimation or order intimation to be given of such adjourned diet to such child and his parent or guardian: but the court may proceed to trial forthwith if the court considers this to be advisable in the interests of the child or to be necessary to secure the examination of witnesses who would not otherwise be available;

(d) if in any case, where the child is not represented by solicitor or counsel or assisted in his defence under rule 143, the child, instead of asking questions by way of cross-examination, makes assertions, shall then put to the witness such questions as it thinks necessary on behalf of the child and may for this purpose question the child in order to clarify any point arising out of any such assertions;

(e) at the close of the case for the prosecution, shall tell the child that he may give evidence or make a statement and the evidence of any witness for the defence shall be heard;

(f) if satisfied, after trial or otherwise, that the child has committed an offence, shall so inform the child and—

(i) he and his parent or guardian, or other representative, shall be given an opportunity of making a statement;

(ii) shall obtain such information as to the general conduct, home surroundings, school record, health and character of the child as may enable it to deal with the case in his best interests and may remand the child for such enquiry as may be necessary;

(iii) shall take into consideration any report which may be rendered to it by a local authority under section 308;

(g) may receive and consider any written report of a local authority, education authority, or registered medical practitioner without it being read aloud, provided that—

(i) the child shall be told of the substance of any part of the report bearing on his character or conduct which the court considers to be material to the disposal of the case:

(ii) the parent or guardian, or other representative shall, if present, be told the substance of any part of the report which the court considers to be material and which has reference to his character or conduct, or the character, conduct, home surroundings or health of the child; and

(iii) if the child or his parent or guardian, or other representative, having been told the substance of any part of any such report, desires to produce evidence in relation to any matter contained in it, the court, if it thinks the evidence material, shall adjourn the proceedings for the production of further evidence, and shall, if necessary, require the attendance at the adjourned hearing of the person who made the report;

(h) if it considers it necessary in the interests of the child, may require the parent or guardian, or other representative, or the child, as the case may be, to withdraw from the court;

(i) shall, unless it thinks it undesirable to do so, inform the parent or guardian, or other representative, of the manner in which it proposes to deal with the child and shall allow that person to make a statement, if he so desires.

Failure to comply with probation order

145

In any case where a child is to be brought before a court upon information given on oath that he has failed to comply with any of the requirements of a probation order—

(a) the person under whose supervision the child has been placed shall immediately on being placed on oath inform the procurator fiscal on oath of the respects in which the child has so failed to comply, as far as known to him;

(b) the citation (if any) requiring the appearance of the child shall be accompanied by a notice giving the reasons for the issue of such citation and stating in what respects it is alleged that any one or more of the requirements of the order has or have not been complied with by him, and in any case where the child has been apprehended without prior citation such notice shall be handed to him in court;

(c) the court shall explain to the child in simple language suitable to his age and understanding the effect of the notice and shall then ask him whether he admits having failed to comply with the requirements of the order as alleged; provided that, where the notice has been handed to the child in court, the court may, if it thinks it desirable, adjourn the proceedings for 48 hours before so asking him;

(d) if the child does not admit the alleged failure to comply with the requirements of the order, the proceedings shall thereafter be conducted and the matter shall be determined by the court in like manner as if the same were a matter which had arisen for determination upon the original complaint.

Remand

146

The court may from time to time and at any stage of a case remand a child for information to be obtained with respect to him.

Separation of children at sittings

147

(1) The court shall take steps so far as possible to prevent children attending sittings of the court from mixing with one another.

(2) If this cannot be achieved by holding separate sittings or fixing different hours for the different cases and types of cases coming before it, the court may order extra waiting rooms to be brought into use or may provide for an attendant in the waiting room or rooms.

Proceedings for the Execution of Irish Warrants

Interpretation

148

In this rule and rules 149 to 152—

“the Act of 1965” means the Backing of Warrants (Republic of Ireland) Act 1965[^f00042];

“judicial authority” means a court, judge or justice of a court, or peace commissioner;

“the Republic” means the Republic of Ireland.

Form of endorsement

149

(1) The endorsement of a warrant for execution within any part of Scotland in terms of section 1 of the Act of 1965 shall be in the form set out in Form 81 of Schedule 1.

(2) A provisional warrant issued under section 4 of the Act of 1965 shall be in the form set out in Form 82 of Schedule 1.

(3) Where a person has been remanded in custody in terms of section 2(1) or section 4(3) of the Act of 1965, the order of court shall be endorsed by the court on the warrant and delivered to the prison governor to whose custody the person has been remanded.

(4) When a person who has been ordered to be delivered in accordance with section 2(1) of the Act of 1965 is remanded on bail, the bail order shall contain a condition requiring him to surrender at a specified police station at a time and date to be notified to him by or on behalf of the officer in charge of that station.

150

(1) A notice given under section 3(1)(a) of the Act of 1965 (consent to removal earlier than is otherwise permitted) shall be in the form set out in Form 83 of Schedule 1, and shall be signed in the presence of a sheriff, a justice of the peace or a sheriff clerk who shall also sign it.

(2) Any such notice given by a person who has been remanded in custody shall be delivered to the governor of the prison in which he is detained.

(3) If a person remanded on bail gives such notice, he shall deliver or send it to the clerk of the court which so remanded him.

Handing over of warrant of arrest

151

(1) When a person has been ordered to be delivered in accordance with section 2(1) of the Act of 1965, the sheriff clerk when the person is remanded on bail, or the governor of the prison when the person is detained in custody, shall arrange for the warrant of arrest issued by a judicial authority in the Republic and endorsed in accordance with section 1 of that Act to be given to the member of the police force of the Republic into whose custody the person is delivered when the person is so delivered.

(2) When a person ordered to be delivered in accordance with section 2(1) of the Act of 1965 is remanded on bail, the sheriff clerk shall send a copy of the bail order to the police station at which the person is to surrender.

Certification of warrant

152

(1) A document purporting to be a warrant issued by a judicial authority in the Republic shall, for the purpose of section 7(a) of the Act of 1965, be verified by a certificate purporting to be signed by a judicial authority, a clerk of a court or a member of the police force of the Republic and certifying that the document is a warrant and is issued by a court, judge or justice of a court or a peace commissioner.

(2) A document purporting to be a copy of a summons issued by a judicial authority in the Republic shall, for the purposes of the said section 7(a), be verified by a certificate purporting to be signed by a judicial authority, a clerk of a court or a member of the police force of the Republic and certifying that the document is a true copy of such a summons.

(3) A deposition purporting to have been made in the Republic, or affidavit or written statement purporting to have been sworn therein, shall, for the purposes of section 7(c) of the Act of 1965, be verified by a certificate purporting to be signed by the person before whom it was sworn and certifying that it was so sworn.

Proceedings in District Court in respect of Annoying Creatures

Form of application and service

153

(1) An application to a district court under section 49(3) of the Civic Government (Scotland) Act 1982[^f00043] (annoying creatures) shall be made in the form set out in Form 84 of Schedule 1.

(2) On the lodging of any such application, the District Court shall make an order for service of a copy of the application on any person mentioned in the application as having the creature so mentioned in his charge or keeping the creature, and fixing a date and time for the hearing of the application.

(3) A copy of the application and of the order made under paragraph (2) shall be served on any such person by recorded delivery at the normal place or residence or place of business of that person, and such service shall be treated as sufficient notice to that person of the terms of the application and the order for the purposes of paragraph (4).

(4) If any person upon whom service has been made in accordance with paragraph (3) fails to appear or be represented at the time and date of the hearing specified in the order without reasonable excuse, the court may proceed to hear and decide the application in his absence.

(5) Where the court makes an order in respect of any person under section 49(2) of the said Act of 1982, the clerk of court shall, within 7 days of the date on which the order was made, serve on that person by recorded delivery at the normal place of residence or place of business of that person, a copy of the order and a notice setting out the terms of section 49(4) of the said Act.

Proceedings for certain orders and warrants under the Drug Trafficking Offences Act 1986

Order to make material available

154

(1) An application by the procurator fiscal to the sheriff for an order under section 27(2) of the Drug Trafficking Offences Act 1986[^f00044] shall be made by way of petition; and section 310[^f00045] (incidental applications) shall apply to any such application as it applies to an application referred to in that section.

(2) The sheriff may make the order sought in the petition under paragraph (1) before intimation of the petition to the person who appears to him to be in possession of the material to which the application relates.

(3) An application by the procurator fiscal for an order under section 27(5) of the Act of 1986 (entry) may be made in the petition applying for an order under section 27(2); and paragraph (2) applies to an order in respect of a person who appears to the sheriff to be entitled to grant entry to the premises in question as it applies to an order in respect of the person mentioned in that paragraph.

Discharge and variation

155

(1) A person, in respect of whom an order has been made under said section 27(2) or (5), may apply to the sheriff for discharge or variation of the order in question.

(2) The sheriff may, after hearing the parties, either grant or refuse to grant the discharge or variation sought.

Warrant to search premises

156

An application by the procurator fiscal to the sheriff under section 28(1) of the Act of 1986 (authority for search) for a warrant authorising the search of specified premises shall be made by way of petition; and section 310 (incidental applications) shall apply to any such application for a warrant as it applies to an application for a warrant referred to in that section.

CHAPTER 3 — ADMINISTRATION

PART I — RECORDS

Form of minuting in solemn proceedings

157

Subject to the provisions of any other enactment, the forms of minuting in solemn proceedings before the sheriff shall be in accordance with the forms used in the High Court.

Books of Adjournal

158

(1) The Edinburgh Book of Adjournal and the Book of Adjournal for cases heard outwith Edinburgh shall respectively contain—

(a) in the case of a trial in the High Court—

(i) the record copy of the indictment;

(ii) a summary of the proceedings in the form set out in Form 85 of Schedule 1;

(iii) the relative printed list of Assize;

(b) in the case of a petition to the High Court—

(i) the record copy of the petition;

(ii) a summary of the proceedings in the form set out in Form 86 of Schedule 1.

(2) The Edinburgh Book of Adjournal shall contain the Acts of Adjournal.

(3) The summary of proceedings referred to in paragraph (1) shall be signed by the Clerk of Justiciary and on being so signed shall have effect and shall be treated for all purposes, including extracts, as a true and sufficient record of the proceedings to which it relates.

Form of recording warrants for remission of sentences

159

The Clerk of Justiciary shall cause all warrants under the royal sign manual for remission of sentences received by him to be bound in volumes and indexed, and a note of each warrant referring to a High Court sentence shall be entered in the margin of the Minute Book opposite the case to which it relates.

Custody and transmission of records

160

(1) The records of the High Court of Justiciary specified in Column (1) of Form 87 of Schedule 1 for the periods specified in Column (2) shall, after the Keeper of the Records for Scotland and the Clerk of Justiciary have consulted as to what records or parts thereof may first be destroyed as not being considered to have a value for legal purposes or for historical or other research, be transmitted to the Keeper under arrangements to be agreed between him and the Clerk of Justiciary.

(2) On completion of such transmission, the Clerk of Justiciary and the Keeper shall, at intervals of not less than 5 years nor more than 10 years from the date of the immediately preceding transmission and after similar consultation, arrange for further transmissions of records falling within the categories specified in column (1) of Form 87 for such periods as may be deemed by them to be appropriate.

(3) The Lord Justice General may by order direct that any record comprised in those categories which might otherwise fall to be transmitted to the Keeper in terms of the said arrangements be retained in the custody of the Clerk of Justiciary.

(4) All other records, papers and productions presently in the custody of the Clerk of Justiciary not specified in column (1) of Form 87 shall be retained by him subject to such directions as to disposal, transmission or destruction as may from time to time be issued by the Lord Justice General or Lord Justice Clerk.

Return of productions

161

(1) All productions lodged in connection with proceedings in the High Court of Justiciary shall be returned by the Clerk of Justiciary to the party on whose behalf they were lodged at the following times or as soon thereafter as may be convenient—

(a) in any case in which a verdict of acquittal is returned, at the conclusion of the proceedings;

(b) in any case in which no appeal is taken, after the lapse of 14 days from the conclusion of the proceedings; and

(c) in any other case, upon the determination of any matters which may have been referred to the Court under the provisions of section 228[^f00046].

(2) Without prejudice to rule 160(4), the Lord Justice General or the Lord Justice Clerk or the presiding judge at the trial may by order direct that any production or other document relating to any case indicted in the High Court of Justiciary remain in the custody of the Clerk of Justiciary.

PART II — LEGAL AID

Interpretation

162

In the following rules relating to legal aid, unless the context otherwise requires—

“the Act of 1986” means the Legal Aid (Scotland) Act 1986[^f00047];

“assisted person” means a person who is in receipt of criminal legal aid in the proceedings in question;

“clerk of court” means clerk of justiciary, sheriff clerk, sheriff clerk depute or clerk of the district court, as the case may be;

“court” means the High Court of Justiciary, a sheriff court or a district court, as the case may be:

“the Regulations” means the Criminal Legal Aid (Scotland) Regulations 1987[^f00048].

Legal aid in High Court of Justiciary

163

Where an application for legal aid is made to the High Court of Justiciary under section 23 of the Act of 1986, the court may—

(a) determine the application itself; or

(b) remit the application to the sheriff court for determination.

Discontinuance of entitlement to criminal legal aid

164

(1) Where the court, before which there are proceedings in which an assisted person is an accused person or appellant, after hearing that person, is satisfied—

(a) that that person—

(i) has without reasonable cause failed to comply with a proper request made to him by the solicitor acting for him to supply any information relevant to the proceedings;

(ii) has delayed unreasonably in complying with any such request as is mentioned in head (i);

(iii) has without reasonable cause failed to attend at a diet of the court at which he has been required to attend or at a meeting with the solicitor or counsel acting for him under the Act of 1986 at which he has reasonably and properly been required to attend;

(iv) has conducted himself in connection with the proceedings in such a way as to make it appear to the court unreasonable that he should continue to receive criminal legal aid;

(v) has wilfully or deliberately given false information for the purpose of misleading the court in considering his financial circumstances under section 23(1) of the Act of 1986;

(vi) has without reasonable cause failed to comply with a requirement of the Regulations; or

(b) that it is otherwise unreasonable for the solicitor to continue to act on behalf of the assisted person in the proceedings,

the court may direct that the assisted person shall cease to be entitled to criminal legal aid in connection with those proceedings.

(2) Where a direction is made under paragraph (1) in the course of proceedings to which section 22 of the Act of 1986 applies, the accused person shall not be entitled to criminal legal aid in relation to any later stages of the same proceedings before the court of first instance.

(3) Where a court issues a direction under paragraph (1), the clerk of court shall send notice of it to the Board.

(4) Where a court of first instance has made a direction under paragraph (1)(a), it shall instruct the clerk of court to report the terms of the finding made by the court to the Board for its consideration in any application for criminal legal aid in an appeal in connection with the proceedings in that court.

Statements on oath

165

In considering any matter in regard to the entitlement of a person to criminal legal aid, the court may require that person to make a statement on oath for the purpose of ascertaining or verifying any fact material to his entitlement to criminal legal aid.

PART III — GENERAL

Service on Crown

166

Any document that requires to be sent to the Lord Advocate or the prosecutor under any enactment or rule of law (including this Act of Adjournal) shall be sent—

(a) if it relates to a case set down for trial in the High Court, to the Crown Agent;

(b) if it relates to a case set down for trial in the Sheriff Court, to the appropriate procurator fiscal.

Service on accused persons

167

(1) This rule applies to the service of any document on an accused person under section 71[^f00049] (manner of service of indictment, etc.).

(2) Service shall be effected by an officer of law by—

(a) delivering the document to the accused personally;

(b) leaving the document in the hands of a member of the family of the accused or other occupier or employee at the proper domicile of citation of the accused;

(d) where the officer of law serving the document has reasonable grounds for believing that an accused, for whom no proper domicile of citation has been specified, is residing at a particular place but is unavailable—

(i) leaving the document in the hands of a member of the family of the accused or other occupier or employee at that place; or

(ii) affixing the document to the door of, or depositing it in, that place.

Revocation

168

The Acts of Adjournal specified in Schedule 2 are revoked.

SCHEDULE 1

PART I — FORMS REFERRED TO IN CHAPTER I (SOLEMN PROCEDURE)

FORM 1

PETITION TO TAKE PRECOGNITION ON OATH IN SOLEMN PROCEDURE WHERE INDICTMENT SERVED

Rule 5

FORM 2

PETITION TO TAKE PRECOGNITION ON OATH IN SOLEMN PROCEEDINGS PRIOR TO SERVICE OF INDICTMENT

Rule 5

FORM 3

WARRANT TO CITE

Rule 10

FORM 4

EXECUTION OF SERVICE OF INDICTMENT AND OF CITATION OF ACCUSED

Rule 10

FORM 5

NOTICE TO ACCUSED TO APPEAR

Rule 10

FORM 6

NOTICE OF SPECIAL DIET WHERE ACCUSED INTENDS TO PLEAD GUILTY (WHERE INDICTMENT NOT ALREADY SERVED)

Rule 12(1)(a)

FORM 7

NOTICE OF SPECIAL DIET WHERE ACCUSED INTENDS TO PLEAD GUILTY (WHERE INDICTMENT ALREADY SERVED)

Rule 12(1)(b)

FORM 8

PETITION FOR ORDER TO HOLD IDENTIFICATION PARADE IN SOLEMN PROCEEDINGS PRIOR TO SERVICE OF INDICTMENT

Rule 13

FORM 9

PETITION FOR ORDER TO HOLD IDENTIFICATION PARADE WHERE INDICTMENT SERVED

Rule 13

FORM 10

RECORD OF PROCEEDINGS AT JUDICIAL EXAMINATION (FIRST OR FURTHER)

Rule 15

FORM 11

NOTICE OF OPINION AS TO ERROR IN OR INCOMPLETENESS OF TRANSCRIPT OF JUDICIAL EXAMINATION

Rule 19

FORM 12

APPLICATION FOR RECTIFICATION OF TRANSCRIPT OF JUDICIAL EXAMINATION

Rule 19

FORM 13

INTIMATION OF AGREEMENT

Rule 19(5)

FORM 14

INTIMATION BY PROSECUTOR OF POSTPONEMENT OF TRIAL DIET

Rule 21(2)

FORM 15

MINUTE OF NOTICE

Rule 24

FORM 16

FORM OF NOTICE OF ABANDONMENT OF MATTER TO BE RAISED AT PRELIMINARY DIET

Rule 32

FORM 17

NOTE OF APPEAL

Rule 35

FORM 18

MINUTE OF ABANDONMENT

NOTICE OF ABANDONMENT OF APPEAL

Rule 40

FORM 19

INTIMATION BY PROSECUTOR OF ADJOURNMENT OF TRIAL DIET

Rule 41

FORM 20

MINUTE OF POSTPONEMENT OF DIET

Rule 42

FORM 21

JOINT MINUTE

Rule 42(2)

FORM 22

NOTICE BY PROSECUTOR FIXING A NEW TRIAL DIET

Rule 46

FORM 23

NOTE OF APPEAL AGAINST EXTENSION OF 12 MONTHS PERIOD

NOTE OF APPEAL

Rule 50

FORM 24

NOTE OF APPEAL AGAINST EXTENSION OF 80 DAYS PERIOD

NOTE OF APPEAL

Rule 50

FORM 25

NOTE OF APPEAL AGAINST EXTENSION OF 110 DAYS PERIOD

NOTE OF APPEAL

Rule 50

FORM 26A

PETITION FOR ISSUE OF LETTER OF REQUEST WHERE INDICTMENT IN HIGH COURT SERVED

Rule 51

FORM 26B

PETITION FOR ISSUE OF LETTER OF REQUEST IN HIGH COURT BEFORE INDICTMENT SERVED

Rule 51

FORM 26C

PETITION FOR ISSUE OF LETTER OF REQUEST IN SOLEMN PROCEEDINGS IN SHERIFF COURT

Rule 51

FORM 27

FORM OF LETTER OF REQUEST

Rules 51(2) and 101(2)

FORM 28A

PETITION FOR COMMISSION TO TAKE EVIDENCE IN HIGH COURT WHERE INDICTMENT SERVED

Rule 57

FORM 28B

PETITION FOR COMMISSION TO TAKE EVIDENCE IN HIGH COURT WHERE NO INDICTMENT SERVED

Rule 57

FORM 28C

PETITION FOR COMMISSION TO TAKE EVIDENCE IN SOLEMN PROCEEDINGS IN SHERIFF COURT

Rule 57

FORM 29

APPLICATION FOR RENEWAL OR TERMINATION OF INTERIM HOSPITAL ORDER UNDER SECTION 174A(1) AND 375A(1) OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1975

Rules 62 and 112

FORM 30

FORM OF ORDER FOR DIET OF HEARING AND WARRANT FOR CONVEYANCE OF OFFENDER TO COURT FOR HEARING OF APPLICATION FOR RENEWAL OR TERMINATION OF INTERIM ORDER

Rules 62 and 112

FORM 31

REFERENCE TO EUROPEAN COURT

Rules 65 and 116

FORM 32

APPEAL TO HIGH COURT

Rules 67 and 118

FORM 33

FORMS OF OATH AND AFFIRMATION

Rules 67, 70 and 121

FORM 34

FORMS OF SENTENCE OF DEATH

Rule 75

FORM 35

FORM OF PROBATION ORDER

Rules 76 and 126

FORM 36

PROCEEDINGS ON INDICTMENT

Rule 83

FORM 37

INTIMATION OF INTENTION TO APPEAL

Rule 84 (Section 231)

FORM 38

NOTE OF APPEAL

Rule 84 (Section 233)

FORM 39

APPLICATION FOR EXTENSION OF TIME

Rule 84 (Section 236B)

FORM 40

APPLICATION FOR BAIL PENDING APPEAL

Rule 84 (Section 238)

FORM 41

NOTICE OF ABANDONMENT OF APPEAL

Rule 84 (Section 244)

FORM 42

NOTIFICATION OF DECISION

Rule 84 (Section 251)

FORM 43

APPLICATION FOR DETERMINATION BY HIGH COURT

Rule 84 (Section 251)

FORM 44

Rule 86

FORM 44A

APPLICATION TO SHERIFF FOR SUSPENSION OF ORDER FOR DISQUALIFICATION PENDING APPEAL

Rule 86

Rule 5

FORM 57

CITATION TO APPEAR FOR ENQUIRY

Rule 124

FORM 58

EXECUTION OF CITATION OTHERWISE THAN BY POST

Rule 124

Rule 128

FORM 79

MINUTE OF ABANDONMENT OF APPEAL

Rule 128(11)

FORM 80

Rule 132

FORM 81

ENDORSEMENT OF WARRANT OF ARREST

Rule 149(1)

FORM 82

PROVISIONAL WARRANT OF ARREST

Rule 149(2)

FORM 83

Rule 150(1)

FORM 84

FORM OF APPLICATION UNDER SECTION 49 OF CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Rule 153(1)

PART III — FORMS REFERRED TO IN CHAPTER 3 (ADMINISTRATION)

FORM 85

BOOKS OF ADJOURNAL

SUMMARY OF PROCEEDINGS AT TRIAL

Rule 158(1)

FORM 86

BOOKS OF ADJOURNAL

SUMMARY OF PROCEEDINGS AT TRIAL

Rule 158(1)

FORM 87

TRANSMISSION OF RECORDS OF HIGH COURT

Rule 160

SCHEDULE 2 — REVOCATIONS

Title	Date or Number
Regulating the form of process in criminal causes before the Sheriff and Burgh Courts	17 March 1827
Regulating form and content of Circuit Books of Adjournal	13 May 1890
Relative to remission of sentence	31 October 1907
Relative to the Criminal Appeal (Scotland) Act 1926	S. R. & O. 1926/1373
(Death Sentence)	S.I. 1950/909
(Summary Procedure)	S.I. 1964/249
(Backing of Warrants) (Republic of Ireland)	S.I. 1965/1947
(Probation Orders)	S.I. 1969/1597
(Summary Proceedings) (Children)	S.I. 1971/446
(Records of High Court of Justiciary)	S.I. 1972/227
(Fees in the Inferior Courts)	S.I. 1972/308
(References to the European Court)	S.I. 1973/450
(Alteration of Fees in the Inferior Courts)	S.I. 1973/672
(Suspension of Disqualification from Driving pending Appeal)	S.I. 1975/473
(Summary Procedure)	S.I. 1975/837
(Form of Oaths)	S.I. 1976/172
(Sentencing Powers etc.)	S.I. 1978/123
(Reference to European Court) (Amendment)	S.I. 1978/125
(Sentencing Powers etc) (Amendment)	S.I. 1978/491
(Forms of Complaint)	S.I. 1978/834
(Proof of Service outside Scotland)	S.I. 1980/425
(Edinburgh Book of Adjournal)	S.I. 1980/1929
(Procedures under Criminal Justice (Scotland) Act No. 1)	S.I. 1981/22
(Procedures under Criminal Justice (Scotland) Act No. 2)	S.I. 1981/386
(Form of Extract of Sentence)	S.I. 1981/1151
(Procedures under Criminal lustice (Scotland) Act No. 3)	S.I. 1981/1766
(Procedures under Criminal Justice (Scotland) Act No. 4)	S.I. 1981/1786
(Notices of Special Defences etc.)	S.I. 1984/19
(Fees in the Inferior Courts)	S.I. 1984/232
(Notice of Abandonment of Matter before Preliminary Diet)	S.I. 1984/820
(Applications to District Court under s.49 of Civic Government (Scotland)	S.I. 1984/1955
Act 1982)
(Forms of Complaint) (Amendment)	S.I. 1985/43
(Interim Hospital Orders)	S.I. 1985/316
(Applications to alter address in Bail Orders)	S.I. 1985/1565
(Summary Procedure) (Amendment)	S.I. 1986/1191
(Summary Procedure) (Intimation of Diets)	S.I. 1986/1686
(Drug Trafficking)	S.I. 1986/2184
(Criminal Legal Aid Rules)	S.I. 1987/430
(Service of Documents on Accused Persons)	S.I. 1987/1328

Signed

Emslie — I.P.D. — 21st January 1988

Explanatory note

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

This Act of Adjournal re-enacts with minor amendments the provisions of the Acts of Adjournal revoked by rule 168 and Schedule 2 so far as not already revoked, except those relative to fees in inferior Courts which are revoked as unnecessary.

Footnotes

[^f00001]: 1975 c. 21; section 282 was amended by paragraph 47 of, and section 457 by paragraph 72 of, Schedule 7 to the 1980 Act.

[^f00002]: 1937 c. 43; section 1 was amended by the Public Registers and Records (Scotland) Act 1948 (c. 57), section 1.

[^f00003]: 1986 c. 47

[^f00004]: 1980 c. 62

[^f00005]: 1977 c. 45; section 39(3) was amended by the 1980 Act, Schedule 7, paragraph 79.

[^f00006]: 1980 c. 4

[^f00007]: Section 75 was substituted by the 1980 Act, Schedule 4, paragraph 4.

[^f00008]: Section 96 was amended by the 1980 Act, Schedule 4, paragraph 13.

[^f00009]: Sections 76, 77 and 77A were inserted by the 1980 Act, Schedule 4, paragraphs 5, 6 and 7.

[^f00010]: Section 102 was substituted by the 1980 Act, section 16.

[^f00011]: Section 20 was amended by, and sections 20A and 20B inserted by, the 1980 Act, section 6.

[^f00012]: Section 274 was amended by the 1980 Act, Schedule 8.

[^f00013]: 1907 c. 51; the First Schedule was substituted by S.I. 1983/747

[^f00014]: Section 151 was substituted by the 1980 Act, section 6(3).

[^f00015]: Section 76A was inserted by the 1980 Act, Schedule 4, paragraph 5.

[^f00016]: Section 101 was substituted by the 1980 Act, section 14(1).

[^f00017]: Section 32 was amended by the Criminal Justice (Scotland) Act 1987 (c. 41), section 61.

[^f00018]: Section 174A was inserted by the Mental Health (Amendment) (Scotland) Act 1983 (c. 39), section 34(a), and was amended by the Mental Health (Scotland) Act 1984 (c. 36), Schedule 3, paragraph 25.

[^f00019]: Section 169 was substituted by the 1980 Act, section 22.

[^f00020]: Section 231 was substituted by the 1980 Act, Schedule 2, paragraph 3.

[^f00021]: Section 233 was substituted by the 1980 Act, Schedule 2, paragraph 5.

[^f00022]: Section 236B was inserted by the 1980 Act, Schedule 2, paragraph 8.

[^f00023]: Section 244 was substituted by the 1980 Act, Schedule 2, paragraph 13.

[^f00024]: Paragraphs (4) to (6) of section 314 were added by the 1980 Act, section 11(c).

[^f00025]: Section 331A was inserted by the 1980 Act, section 14(2).

[^f00026]: Section 375A was inserted by the Mental Health (Amendment) (Scotland) Act 1983 (c. 39), section 34(c), and amended by the Mental Health (Scotland) Act 1984 (c. 36), Schedule 3, paragraph 32.

[^f00027]: Section 374 was substituted by the 1980 Act, section 22.

[^f00028]: 1954 c. 48

[^f00029]: Section 442A was inserted by the 1980 Act, Schedule 3, paragraph 1.

[^f00030]: Section 444 was amended by the 1980 Act, Schedule 3, paragraph 3 and Schedule 8, and by the Bail etc.(Scotland) Act 1980 (c. 4), Schedule 1, paragraph 10.

[^f00031]: Section 447(2) was amended by the 1980 Act, Schedule 8.

[^f00032]: Section 449 was amended by the 1980 Act, Schedule 3, paragraph 8.

[^f00033]: Section 450 was amended by the 1980 Act, Schedule 3, paragraph 9, and by S.I. 1981/386

[^f00034]: Section 453B was inserted by the 1980 Act, Schedule 3, paragraph 13.

[^f00035]: Section 451 was substituted by the 1980 Act, Schedule 3, paragraph 10.

[^f00036]: Section 334 was amended by the 1980 Act, section 36 and Schedule 7, paragraph 54.

[^f00037]: Sections 453A to 453E were inserted by the 1980 Act, Schedule 3, paragraph 13.

[^f00038]: Section 442 was substituted by the 1980 Act, Schedule 3, paragraph 1.

[^f00039]: Section 448(4) was substituted by the 1980 Act, Schedule 3, paragraph 7(b).

[^f00040]: 1937 c. 37

[^f00041]: 1968 c. 49

[^f00042]: 1965 c. 45

[^f00043]: 1982 c. 45

[^f00044]: 1986 c. 32

[^f00045]: Section 310 was amended by the 1980 Act, Schedule 6, paragraph 1 and Schedule 7, paragraph 53.

[^f00046]: Section 228 was substituted by the 1980 Act, Schedule 2, paragraph 1.

[^f00047]: 1986 c. 47

[^f00048]: S.I. 1987/307

[^f00049]: Section 71 was amended by the 1980 Act, Schedule 6, paragraph 1.

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Act of Adjournal (Consolidation) 1988

Prohibition of reference to evidence without leave

106

Evidence on Commission

Application

107

Appointment of Commissioner

108

Commission

109

Commissioner’s report

110

Application of other provisions

111

Interim Hospital Order

Application

112

Reference to European Court

Interpretation

113

Notice

114

Proceedings on appeal, etc.

115

Reference

116

Preliminary ruling

117

Appeal against reference

118

PART II — PROCEDURE AT TRIAL

Accused to plead personally and to receive intimation of diets

119

Restrictions on report of proceedings involving a person under 16

120

Form of oaths to witnesses

121

Notice of use of autopsy and forensic science reports in evidence

122

PART III — CONVICTION AND SENTENCE

Interruption of proceedings

123

Forms for fines enquiry and related matters

124

Compensation orders

125

Form of probation order

126

PART IV — APPEAL PROCEDURE

Forms for appeal

127

Appeals from decisions on competency and relevancy

128

Abandoning appeal against conviction only

129

Extension of time for appeal against sentence only

130

Intimation to Crown of abandonment

131

Suspension of disqualification from driving pending application to sentencing court

132

Bill of Suspension

133

Intimation of determination of appeal

134

Duties of Solicitors

Edinburgh solicitor

135

Duty to print stated case, etc.

136

List of appeals

137

Duty of Edinburgh solicitor in Bills of Suspension

138

Diet for interim suspension

139

PART V — PROCEDURE IN SPECIAL SUMMARY PROCEEDINGS

Proceedings against Children

Interpretation

140