Legalize / United Kingdom / Statutory-Instrument

Act of Adjournal (Criminal Procedure Rules) 1996

Type Statutory-Instrument

Publication 1996-02-29

Last updated 2026-02-21

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(2) In an appeal to which paragraph (1) applies the appellant shall present his case in writing.

(3) The solicitor for the appellant or, if unrepresented, the appellant shall—

(a) not later than 14 days before the date assigned for the appeal court hearing, lodge a case and argument in Form 19.19;

(b) lodge with the case and argument all documents, or a copy thereof, referred to or founded upon in the case and argument and not already lodged; and

(c) at the same time as he lodges the case and argument referred to in sub-paragraph (a) and the supporting documents referred to in sub-paragraph (b), send a copy to the Crown or, where the Crown is the appellant, to the respondent.

(4) The case and argument referred to in paragraph (3) shall be signed—

(a) by the solicitor or counsel representing the appellant in the appeal; or

(b) where the appellant intends to conduct the appeal personally, by the appellant.

(5) At the hearing of the appeal—

(a) the case and argument and supporting documents referred to in paragraph (3) shall constitute the submissions of the appellant;

(b) unless it otherwise directs, the Court will expect the appellant to rely upon the case and argument without reading it over to the Court; and

(c) the appellant may make supplementary comments to the case and argument; and shall answer any points raised by the Court.

(6) On cause shown, the Court may permit the appellant to introduce new information that has come to light in the period since the case and argument was lodged.

(7) Where the Court permits the introduction of new information, it may at its discretion permit the lodging of additional documents in support of the new information.

(8) A party who wishes to introduce new information and lodge additional documents shall send a copy of the information and documents to the Clerk of the Sheriff Appeal Court as soon as the information and documents come into the appellant’s possession.

(9) A party who has sent new information and documents to the Clerk of the Sheriff Appeal Court shall make application at the bar to allow it to be introduced or lodged, as the case may be.

(10) Where the documents referred to in paragraph (3) are not lodged timeously, the Clerk of the Sheriff Appeal Court shall refer the matter to the President of the Sheriff Appeal Court, whom failing the Vice President of the Sheriff Appeal Court, for such action as the President of the Sheriff Appeal Court or Vice President of the Sheriff Appeal Court, as the case may be, considers appropriate.

CHAPTER 19A — ALTERATION BY CLERK OF JUSTICIARY OF PLACE WHERE CASE TO BE HEARD

Power of clerk of Justiciary to alter place where case to be heard

19A.1

(1) Where the High Court has–

(a) adjourned a case following conviction; or

(b) deferred sentence in a case following conviction,

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) a drug treatment and testing order made under section234B of the Act of 1995;

(v) a community payback order.

(d) fixed any diet under section52 or sections52B to 59 of the Act of 1995,

(e) adjourned a preliminary hearing under section 75A of the Act of 1995,

the Clerk of Justiciary may make an order altering the place where the case is to be heard, not later than two days before the case is to be called.

(2) The Clerk of Justiciary shall intimate an order made under paragraph (1) to–

(a) the parties to the proceedings; and

(b) the governor of any institution in which the accused is detained,

not later than two days before the case is to be called.

CHAPTER19B — SCOTTISH CRIMINAL CASES REVIEW COMMISSION

References in solemn proceedings

19B.1

(1) This rule applies to a reference by the Scottish Criminal Cases Review Commission to the High Court under section 194B of the Act of 1995.

(2) The Clerk of Justiciary shall—

(a) assign the reference to a procedural hearing fixed for a date not earlier than 21 days after receipt of the reference; and

(b) as soon as possible thereafter, intimate the diet to every party and to the governor of any institution in which any accused is detained.

(2A) Subject to section194D(4A) of the Act of 1995, within 21days after the date on which a copy of the Commission’s statement is sent under section194D(4)(b) of the Act of 1995 the appellant shall lodge with the Clerk of Justiciary a note of the grounds of appeal that are to be relied upon at the hearing of the appeal and send a copy to the Crown Agent.

(2B) The High Court may, on cause shown, extend the period of 21days mentioned in paragraph(2A).

(3) At the procedural hearing the High Court shall consider and make orders in respect of—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any application under section 194D(4B) of the Act of 1995;

(d) the procedure to be followed in the determination of the reference;

(e) any other matter which the Court considers appropriate in respect of the reference.

References in summary proceedings

19B.2

(1) An application under section 194IA of the Act of 1995 shall be in Form 19B.2 and shall be lodged with the Clerk of Justiciary.

(2) The High Court shall—

(a) without requiring intimation to any other party, proceed to consider the application;

(b) after considering it shall grant it, with or without any modifications which it deems appropriate, or shall refuse it.

(3) The application shall be registered by the Clerk of Justiciary as if it were an application made under section 7(1) of the Crime (International Co-operation) Act 2003 and rule 36.6 applied.

Supervised release orders

Supervised attendance orders

Drug treatment and testing orders

CHAPTER 44 — INTERNATIONAL CRIMINAL COURT ACT 2001

Interpretation of this Chapter

44.1

In this Chapter, “the Act of 2001” means the International Criminal Court Act 2001.

44.2

Consent to surrender given under section 7 of the Act of 2001 (consent to surrender) shall be in writing in Form 44.2.

Waiver of right to review

44.3

Waiver given under section 13 of the Act of 2001 (waiver of the right to review) shall be in writing in Form 44.3.

CHAPTER 45 — FUR FARMING (PROHIBITION) (SCOTLAND) ACT 2002

Interpretation of this Chapter

45.1

In this Chapter, “the Act of 2002” means the Fur Farming (Prohibition) (Scotland) Act 2002.

Representations in forfeiture orders

45.2

(1) This rule applies where the Court is deciding whether to make a forfeiture order in terms of section 2 of the Act of 2002 (forfeiture orders).

(2) A person who wishes to make representations to the court under subsection (7) of section 2 of the Act of 2002 shall do so–

(a) in writing to the Clerk of Court, unless the court otherwise directs; and

(b) by such date as the court directs.

CHAPTER 23A — TELEVISION LINK EVIDENCE ...

Application for television link evidence ...

23A.1

(1) An application to the court by the prosecutor or the defence under section 273(2) or section 273A(2) of the Act of 1995 shall be by petition in Form 23A.1–A ....

(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.

(2) Such an application made to the High Court may be disposed of by a single judge of that court.

(3) The High Court or the sheriff, as the case may be, shall–

(a) order intimation on the other party or parties to the proceedings;

(b) subject to paragraph (4), allow such time for lodging answers as appears appropriate; and

(4) The High Court or the sheriff as the case may be, may dispense with answers to the petition on cause shown.

Powers of the court in applications

23A.2

(1) The High Court or the sheriff, as the case may be, may, after considering the petition and any answers to it, grant the petition with or without modification or refuse it.

(2) On granting the petition, the High Court or the sheriff, as the case may be, shall–

(a) pronounce an order approving the terms of the letter of request to be sent; and

(b) if English is not an official language of the body to which the letter is addressed, specify a period within which a translation of the letter is to be lodged.

Expenses

23A.3

(1) The solicitor for the petitioner or, if he is unrepresented, the petitioner shall be liable for the expenses of the petition for the issue of a letter of request.(2) The High Court or the sheriff, as the case may be, may order the solicitor for the petitioner, or the petitioner, to consign into court such sum in respect of those expenses as may be specified, and on or before such date as may be specified, in the order.(3) In the event of the sum so specified not being consigned into court on or before the date so specified, the petition shall be treated as having been abandoned.

Transmission of letters of request

23A.4

(1) On–

(a) the High Court or the sheriff, as the case may be, pronouncing an order under rule 23A.2(2), or

(b) in a case where a translation requires to be lodged, on the lodging of the translation,

the Clerk of Justiciary or the sheriff clerk, as the case may be, shall send the letter of request to the Lord Advocate for transmission to the body to which the letter of request is addressed.

(2) The Clerk of Justiciary or sheriff clerk, as the case may be, shall note, on the petition, record copy of the indictment or in the minute of proceedings, the date on which the letter of request was sent to the Lord Advocate for transmission and shall intimate that date to all parties concerned.

Procedural diet

23A.5

(1) On receipt of confirmation that the court, tribunal or other authority to which a letter of request was transmitted will provide assistance in facilitating the giving of evidence through a live television link, the Clerk of Justiciary or sheriff clerk, as the case may be, shall fix a procedural diet in accordance with paragraph (2) and shall intimate that diet to all parties concerned.

(2) The procedural diet shall be fixed for a date which is before the date on which the evidence is to be given by television link.

(3) The accused shall not require to be present at the procedural diet.

(4) At the procedural diet, the judge or sheriff, as the case may be, shall make inquiries as to whether or not arrangements are in place to facilitate the giving of evidence through a live television link.

36.1

In this Chapter–

“Act of 2003” means the Crime (International Co-operation) Act 2003;

“external court” means the court mentioned in section 30(1) or, as the case may be, section 31(1) of the Act of 2003; and

“nominated court” means a court nominated under section 15(3), section 30(3) or section 31(4) of the Act of 2003.

Effecting citation or service of documents outside the United Kingdom

36.2

(1) A notice under section 5(5)(b) of the Act of 2003 (notice to accompany citation being effected outside the United Kingdom) shall be in Form 36.2 and shall give the information specified in that form.

(2) Where citation is being effected outside the United Kingdom under section 5 or 6 of the Act of 2003, in the form of citation for–

IF YOU DO NOT ATTEND COURT WITHOUT A LAWFUL EXCUSE THE COURT MAY ORDER THAT YOU BE APPREHENDED AND PUNISHED.

orIF YOU FAIL TO ATTEND WITHOUT A LAWFUL EXCUSE THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.,

orA warrant may be issued for your arrest,

there shall be substituted the following:–As this citation is being effected outside the United Kingdom, no obligation under the law of Scotland to comply with the citation is imposed by virtue of its being so effected. Accordingly, failure to comply with the citation does not constitute contempt of court and is not a ground for issuing a warrant to secure your attendance or for imposing a penalty. But this citation may subsequently be effected against you in the United Kingdom, in which case, if you fail to attend without a lawful excuse, the court may issue a warrant for your arrest..

(3) Where a document is to be served on a person outside the United Kingdom under section 6 of the Act of 2003 (effecting citation etc. otherwise than by post), it shall be sent by the Clerk of Justiciary, sheriff clerk or clerk of the justice of the peace court, as the case may be, to the Lord Advocate.

Proof of citation or service outside the United Kingdom

36.3

The service on any person of a citation or document under section 6 of the Act of 2003 (effecting citation etc. otherwise than by post) may be proved in any legal proceedings by a certificate given by or on behalf of the Lord Advocate.

Applications for requests for assistance

36.4

An application under section 7(1) of the Act of 2003 (application for request for assistance) shall–

(a) be in Form 36.4–A;

(b) be lodged with the Clerk of Justiciary or sheriff clerk, as the case may be;

(c) state the particulars of the offence which it is alleged has been committed or the grounds on which it is suspected that an offence has been committed;

(d) state whether proceedings in respect of the offence have been instituted or the offence is being investigated; and

(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.

Hearing of applications for requests for assistance

36.5

(1) Where the prosecutor presents an application under section 7(1) of the Act of 2003 (application for request for assistance) before either the first appearance of the accused on petition or the service of a summary complaint, the High Court or the sheriff, as the case may be, shall, without requiring intimation to any other party, proceed to consider the application.

(2) Where any party presents such an application following the first appearance of the accused on petition or the service of a summary complaint, the High Court or sheriff, as the case may be, may–

(a) before the lodging of an indictment, dispense on cause shown with intimation to any other party and proceed to consider the application; or

(b) fix a diet for hearing the application and order intimation of the diet and application to any other party.

(3) The High Court or sheriff, as the case may be, after considering such application—

(a) may allow summary adjustment of the statement of assistance required in the draft request;

(b) shall grant the application, with or without any modifications which it or he deems appropriate, or shall refuse it.

(4) On granting such application the High Court or sheriff, as the case may be, shall–

(a) approve and sign the draft request;

(b) if English is not an official language of the court or authority to which the request is addressed, specify a period within which a translation of the request and of any production is to be lodged.

Register of applications for requests for assistance

36.6

(1) A register shall be kept by the Clerk of Justiciary and by the sheriff clerk of applications under section 7(1) of the Act of 2003 (application for request for assistance).

(2) Save as authorised by the court, the register mentioned in paragraph (1) shall not be open to inspection by any person.

Notification of requests for assistance

36.7

Where a court sends a request for assistance under section 8 of the Act of 2003 other than on an application by or on behalf of the Lord Advocate, the Clerk of Justiciary or sheriff clerk, as the case may be, shall forthwith notify the Lord Advocate of this and send with the notification a copy of the letter of request.

Citation for proceedings before a nominated court

36.8

(1) The warrant to cite a person to proceedings before a nominated court shall be in Form 36.8–A.

(2) The form of postal citation of a person to proceedings before a nominated court shall be in Form 36.8–B; and the person shall complete and return Form 36.8–C to the procurator fiscal.

(3) The form of personal citation of a person to proceedings before a nominated court shall be in Form 36.8–D.

Proceedings before a nominated court

36.9

(1) In proceedings before a nominated court–

(a) the procurator fiscal or Crown counsel shall participate in any hearing;

(b) the prosecutor of the requesting country mentioned in the request under section 13(1) of the Act of 2003 (request for assistance from overseas authorities) may participate in any hearing;

(c) where the request under section 13(1) of the Act of 2003 originates from current criminal proceedings any party to or persons with an interest in those proceedings may attend and, with the leave of the court, participate in any hearing;

(d) a judge or investigating magistrate in the current criminal proceedings may participate in any hearing;

(e) a lawyer or person with a right of audience from the requesting country who represents any party to the current criminal proceedings may participate in any hearing;

(f) a solicitor or counsel instructed by any party may participate in any hearing;

(g) any other person may, with the leave of the court, participate in any hearing;

(h) a shorthand writer may be present to record the proceedings; and

(i) the proceedings shall be in private.

(2) Where any person applies for leave to participate in any hearing the court shall, in determining such application, consider any relevant representations made by the court or authority making the request under section 13(1).

Provision of interpreters

36.10

(1) This rule applies where a court has been nominated under section 30(3) (nomination to facilitate the giving of evidence by live television link) or section 31(4) (nomination to facilitate the giving of evidence by telephone) of the Act of 2003.

(2) Where it appears to the Clerk of Justiciary or sheriff clerk, as the case may be, that the witness is likely to give evidence in a language other than English, he shall make arrangements for an interpreter to be present at the proceedings to translate what is said into English.

(3) Where it appears to the Clerk of Justiciary or sheriff clerk, as the case may be, that the witness is likely to give evidence in a language other than that in which the proceedings of the external court will be conducted, he shall make arrangements for an interpreter to translate what is said into the language in which the proceedings of the external court will be conducted.

(4) Where the evidence in proceedings before a nominated court is either given in a language other than English or is not translated into English by an interpreter, the High Court or, as the case may be, the sheriff, shall continue the proceedings until such time as a translator can be present to provide a translation into English.

Court record of proceedings before a nominated court

36.11

(1) Where a court receives evidence in proceedings by virtue of a nomination under section 15(3) (nomination to receive evidence), section 30(3) (nomination to facilitate the giving of evidence by live television link), or section 31(4) (nomination to facilitate the giving of evidence by telephone) of the Act of 2003, the Clerk of Justiciary or sheriff clerk, as the case may be, shall record in the minute of proceedings–

(a) particulars of the proceedings; and

(b) without prejudice to the generality of (a) above–

(i) which persons were present;

(ii) which of those persons was represented and by whom; and

(iii) whether any of those persons was denied the opportunity of cross-examining a witness as to any part of his testimony.

(2) Save as authorised by the Lord Advocate or, with the leave of the court, the minute of proceedings mentioned in paragraph (1) above shall not be open to inspection by any person.

(3) The Clerk of Justiciary or sheriff clerk, as the case may be, shall send to the Lord Advocate and to the external authority a certified copy of the minute of proceedings.

(4) Where the court has been nominated under section 15(3) of the Act of 2003 the Clerk of Justiciary or sheriff clerk, as the case may be, shall comply with paragraph 6 of Schedule 1 to the Act of 2003 with regard to the forwarding of evidence received by the court.

Sexual offences to which Part 2 of the Sexual Offences Act 2003 applies

CHAPTER 46 — PARENTAL DIRECTIONS UNDER THE SEXUAL OFFENCES ACT 2003

Young offenders: parental directions

46.1

Where a court makes a direction under section 89(1) of the Sexual Offences Act 2003 (young offenders: parental directions) in respect of an individual having parental responsibilities in relation to a young offender, the clerk of the court shall—

(a) intimate the making of the direction; and

(b) deliver or send by post a copy of the notice in Form 20.3A-B (notice of requirement to notify police under Part 2 of the Sexual Offences Act 2003),

to that individual and to the chief constable of the police force within the area of which the young offender resides.

Applications to vary, renew or discharge parental directions

46.2

An application under section 90(1) of the Sexual Offences Act 2003 (parental directions: variations, renewals and discharges) shall be made by petition in Form 46.2.

34.1

In this Chapter–

(6) “the Act of 2003” means the Extradition Act 2003;

(7) “arrested person” means a person who has been arrested under the Act of 2003; and

(8) “required period” shall be construed in accordance with section 74(11) of the Act of 2003.

Arrest under provisional warrant

34.2

(1) This rule applies where an arrested person is brought before the sheriff at Lothian and Borders under section 74(3) (person arrested under provisional warrant) or section 74A (provisional arrest where certificate issued under section 74B) of the Act of 2003.

(2) The Sheriff–

(a) may fix a date for a review hearing to take place before the expiry of the required period; and

(b) shall fix a date for a review hearing to take place as soon as practicable after the expiry of the required period.

(3) At a review hearing under paragraph (2), the sheriff shall ascertain, so far as reasonably practicable, the state of preparation of the parties and may fix a further hearing to take place before the extradition hearing; and this paragraph may apply more than once.

Appeals

34.3

(1) An application for leave to appeal under—

(a) section 26 of the Act of 2003 (appeal against extradition order) is made in Form 34.3–A;

(b) section 28 of the Act of 2003 (appeal against discharge at extradition hearing) is made in Form 34.3–B;

(c) section 103 (appeal where case sent to Scottish Ministers) or 108 (appeal against extradition order) of the Act of 2003 is made in Form 34.3–C;

(d) section 105 (appeal against discharge at extradition hearing) or section 110 (appeal against discharge by Scottish Ministers) of the Act of 2003 is made in Form 34.3–D.

(2) Notice of an application for leave to appeal mentioned in paragraph (1) must be given by serving a copy of the application—

(a) in the case of an appeal under section 26, 103 or 108 of the Act of 2003, on the Crown Agent; and

(b) in the case of an appeal under section 28, 105 or 110 of the Act of 2003, on the arrested person.

(3) An application for leave to appeal under paragraph (1)—

(a) must be accompanied by an execution of service; and

(b) is made when it is lodged with the Clerk of Justiciary.

Hearing of appeals

34.4

(1) The sheriff clerk shall, on the making of an appeal under section 26(1) (appeal against extradition order under Part 1), 28(1) (appeal against discharge at extradition hearing under Part 1), 103(1) (appeal where case sent to Scottish Ministers) or 105(1) (appeal against discharge at extradition hearing) of the Act of 2003–

(a) request a report from the presiding sheriff; and

(b) transmit–

(i) the note of appeal;

(ii) two certified copies of the minutes of proceedings; and

(iii) any other relevant documents,

to the Clerk of Justiciary who shall fix a diet for the hearing of the appeal.

(2) The Clerk of Justiciary shall, on the making of an appeal under section 108(1) (appeal against extradition order) or 110(1) (appeal against discharge by Scottish Ministers) of the Act of 2003, request a report from the Scottish Ministers and fix a diet for the hearing of the appeal.

(3) Within 14 days of the making of an appeal, the sheriff or, as the case may be, the Scottish Ministers shall comply with the request under paragraph (1)(a) or (2).

(4) The Clerk of Justiciary shall–

(a) intimate the date of any diet fixed under paragraph (1) or (2); and

(b) send a copy of the report received from the sheriff or, as the case may be, the Scottish Ministers, to the arrested person and the Crown Agent.

(5) Subject to section 31(4) of the Act of 2003 (extension of relevant period), the High Court shall begin to hear an appeal under section 26(1) or 28(1) of the Act of 2003 within 40 days after the date on which the arrested person–

(a) was arrested under section 5 of the Act of 2003, if he was arrested under that section;

(b) was arrested under the Part 1 warrant, if he was not arrested under that section.

(6) Subject to section 113(3) of the Act of 2003, the High Court shall begin to hear an appeal under section 103(1), 105(1), 108(1) or 110(1) of the Act of 2003 within 76 days after the date on which the note of appeal is lodged.

Applications for extension of time

34.5

(1) Subject to paragraph (2), an application seeking an extension of the relevant period under section 31(4) (extension of time limit for start of hearing) or section 113(4) (extension of time limit for start of hearing) of the Act of 2003 shall be lodged with the Clerk of Justiciary in Form 34.5, and the applicant shall serve a copy of the application on the other party in the appeal.

(2) At the diet fixed for the hearing of the appeal or an application mentioned in paragraph (1), the court may dispense with the requirements of paragraph (1).

Post-extradition matters

34.7

(1) A notice under section 54(4) (notice of request for consent to another offence being dealt with) of the Act of 2003 shall be in Form 34.7–A.

(2) A notice under section 56(4) (notice of request for consent extradition to another category 1 territory) of the Act of 2003 shall be in Form 34.7–B.

Part 3 warrants

34.8

Subject to section 142 of the Act of 2003, a Part 3 warrant issued by a sheriff shall be in the form set out in the Annex to Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, with such variation as circumstances may require.

Service etc. on accused through a solicitor

2.3A

(1) Where ... anything is to be served on, given, notified or intimated to a solicitor under section 72G or section 148D of the Act of 1995 it shall be—

(a) delivered to the solicitor personally;

(b) left for the solicitor with an employee or partner of the solicitor at the solicitor’s place of business; or

with a notice in Form 2.3A.

(2) Paragraph (3) applies where a party requires to intimate—

(a) a vulnerable witness notice in accordance with section 271A(13) of the Act of 1995 (child and deemed vulnerable witnesses); or

(b) a vulnerable witness application in accordance with section 271C(11) of the Act of 1995 (vulnerable witness application).

(3) Intimation may be given to a solicitor under section 72G or 148D of the Act of 1995 by—

(a) any of the methods specified in paragraph (1); or

(b) sending it to the solicitor via the CJSM system, if that solicitor is a CJSM user.

(4) In this rule—

“CJSM user” means a solicitor who has an active account on the CJSM system;

“CJSM system” means the Criminal Justice Secure eMail system managed by the Ministry of Justice to facilitate the transmission of encrypted sensitive information between criminal justice organisations and practitioners.

Service on witnesses

Service by post

Forms of execution of service

Proof of service furth of Scotland

CHAPTER 8A — ENGAGEMENT, DISMISSAL AND WITHDRAWAL OF SOLICITORS IN SOLEMN PROCEEDINGS

Notification

8A.1

(1) The notification to the court in writing under section 72F(1) of the Act of 1995 that a solicitor has been engaged by the accused for the purposes of his defence in any part of proceedings on indictment shall be in Form 8A.1–A.

(2) The notification to the court in writing under section 72F(2) of the Act of 1995 that a solicitor has been dismissed by the accused or has withdrawn from acting shall be in Form 8A.1–B.

Further pre–trial diet

8A.2

(1) An order for a further pre–trial diet under section 72F(5) of the Act of 1995 may be signed by the clerk of court.

(2) An order mentioned in paragraph (1) shall be intimated by the clerk of court to all parties and to the governor of any institution in which the accused is detained.

CHAPTER 13A — WITNESSES

Citation of witnesses for precognition

13A.1

The form of citation of a witness for precognition under section 267A of the Act of 1995 shall be in Form 13A.1.

Antisocial behaviour orders

20.20

An antisocial behaviour order made under section 234AA of the Act of 1995 shall be in Form 20.20.

CHAPTER 47 — PROTECTION OF CHILDREN (SCOTLAND) ACT 2003

References under the Protection of Children (Scotland) Act 2003

47.1

Where section 10(5) of the Protection of Children (Scotland) Act 2003 applies, the clerk of court shall forthwith–

(a) post a notice of reference in Form 47.1; and

(b) transmit, by facsimile or other electronic means, a copy of that notice,

to the Scottish Ministers.

Citation in solemn proceedings by service on solicitor

2.2A

Where the documents mentioned in section 66(6C) of the Act of 1995 (citation by service on solicitor) are to be served on a solicitor under that section, they shall be–

(a) delivered to the solicitor personally at the solicitor’s place of business;

(b) left for the solicitor with an employee or partner of the solicitor at the solicitor’s place of business; or

with a notice in Form 2.2A.

General provisions for service

Service etc. on accused through a solicitor

Service on witnesses

Service by post

Forms of execution of service

Proof of service furth of Scotland

Minute giving notice of preliminary pleas or preliminary issues

9.1

(1) Any notice given under section 71(2) of the Act of 1995 (notice of preliminary pleas or preliminary issues before first diet) shall be by minute in Form 9.1.

(2) That minute shall be lodged with the sheriff clerk and served on every other party by the minuter.

Procedure on lodging minute

9.2

On the lodging of a minute under rule 9.1 (minute giving notice of preliminary pleas or preliminary issues) with a certificate of execution of service, the sheriff clerk shall endorse on the minute the time and date on which it was received.

Orders for further diets under section 71 of the Act of 1995

9.3

(1) An order for a further diet under section 71(2ZA) of the Act of 1995 (further diet to consider objection to the admissibility of evidence) may be signed by the sheriff clerk.

(2) Intimation of the terms of an order–

(a) mentioned in paragraph (1); or

(b) for an adjourned diet under section 71(5A) of the Act of 1995 (adjournment of first diet),

shall be given by the sheriff clerk to the governor of any institution in which the accused is detained.

Procedure at first diet

9.4

(1) A first diet shall commence on the diet being called.

(2) A record of the proceedings at the first diet, including–

(a) a note of the decision made by the court in respect of any notice placed before it;

(b) any adjournment ...

(d) the date appointed for the trial diet,

shall be kept in accordance with existing law and practice.

Applications for leave to appeal

9.5

(1) An application for leave to appeal to the High Court under section 74(1) of the Act of 1995 (appeal against a decision of the sheriff at a first diet) shall be made by motion to the sheriff at that diet immediately following the making of the decision in question, and shall be granted or refused at that time.

(2) A decision under this rule shall be recorded in the minute of proceedings.

Note of appeal

9.6

(1) An appeal under section 74(1) of the Act of 1995 against a decision of the sheriff at a first diet shall be made by lodging a note of appeal in Form 9.6.

(2) The note of appeal shall be lodged with the sheriff clerk not later than seven days after the making of the decision in question.

Procedure on lodging note of appeal

9.7

(1) On the lodging of a note of appeal with the sheriff clerk, he shall , in those cases where leave to appeal is required, endorse on it a certificate that leave to appeal has been granted and the date and time of lodging.

(2) As soon as possible after the lodging of a note of appeal with the sheriff clerk, he shall–

(a) send a copy of the note of appeal to the other parties or their solicitors;

(b) request a report on the circumstances relating to the decision from the sheriff; and

(i) the indictment;

(ii) the record of proceedings; and

(iii) any other relevant document.

Report of sheriff

9.8

(1) The sheriff, on receiving a request for a report under rule 9.7(2)(b) (report on circumstances relating to decision) shall, as soon as possible, send his report to the Clerk of Justiciary.

(2) The Clerk of Justiciary shall, on receiving the report of the sheriff–

(a) send a copy of the report to the parties or their solicitors;

(b) arrange for a hearing of the appeal as soon as possible; and

Intimation of order postponing trial diet

9.9

(1) Where, in relation to an appeal under section 74(1) of the Act of 1995 (appeal in connection with first diet) in a case set down for trial in the sheriff court, the High Court makes an order under section 74(3) of that Act (postponement of trial diet), the Clerk of Justiciary shall send a copy of the order to–

(a) the sheriff clerk;

(b) all parties to the proceedings; and

(2) If, in relation to any case a trial diet has been postponed by virtue of an order mentioned in paragraph (1), any requirement to call that diet shall have effect only in relation to the date to which the diet has been postponed.

Orders of appeal court

9.10

The Clerk of Justiciary shall intimate to the sheriff clerk the decision of the High Court disposing of an appeal under section 74(1) of the Act of 1995 in relation to a first diet.

Abandonment of appeal

9.11

(1) An appellant who has taken an appeal under section 74(1) of the Act of 1995 (appeal in connections with first diet) may abandon the appeal at any time before the hearing of the appeal.

(2) An abandonment of such an appeal shall be made by lodging a minute of abandonment in Form 9.11 with the Clerk of Justiciary.

(3) The Clerk of Justiciary, on receiving such a minute of abandonment, shall inform the sheriff clerk and the other parties or their solicitors.

(4) The sheriff, on the sheriff clerk being so informed, may proceed as accords with the case.

CHAPTER 9A — PRELIMINARY HEARINGS (HIGH COURT OF JUSTICIARY)

Notice of preliminary pleas and preliminary issues

9A.1

(1) Any notice given under section 72(3) (notice of preliminary pleas) or section 72(6)(b)(i) (notice of preliminary issues) of the Act of 1995 shall be by minute in Form 9A.1.

(2) A minute under paragraph (1) shall be lodged with the Clerk of Justiciary and served on every other party by the minuter.

Applications to dispense with preliminary hearings

9A.2

(1) An application to dispense with a preliminary hearing shall made in Form 9A.2.

(2) Prior to making an application under paragraph (1), the parties shall consult with the Clerk of Justiciary as to a suitable date for a trial diet.

(3) An application under paragraph (1) shall indicate whether or not a date for a trial diet has been agreed by the parties with the Clerk of Justiciary and shall give details of any applicable time limits under section 65 of the Act of 1995.

(4) On the lodging of an application under paragraph (1), the Clerk of Justiciary shall attach it to the record copy of the indictment and place it before a judge in chambers.

(5) The order made by the judge in chambers in respect of the application shall be–

(a) recorded by endorsation on the record copy of the indictment;

(b) signed by the Clerk of Justiciary;

(d) intimated by the Clerk of Justiciary to the applicants or their solicitors.

(6) The Clerk of Justiciary shall send to the governor of any institution in which any accused is detained a copy of any order of the court dispensing with a preliminary hearing.

Notice to appear where preliminary hearing deserted

9A.3

A notice referred to in section 72C(4) of the Act of 1995 (notice to appear at further preliminary hearing) shall be in Form 8.2–B or, where the charge is of committing a sexual offence to which section 288C of the Act of 1995 (prohibition of personal conduct of defence in cases of certain sexual offences) applies, Form 8.2–C.

Written record of state of preparation

9A.4

(1) A written record referred to in section 72E of the Act of 1995 (written record of the state of preparation in certain cases) shall be in Form 9A.4 and shall contain the information indicated in that form.

(2) A written record under paragraph (1) may be lodged by sending a copy by facsimile or other electronic means followed by the lodging of the principal and the time and date of lodging shall be the date and time on which the copy was received by the Clerk of Justiciary.

(3) A written record under paragraph (1) which is lodged after 2pm on the last date for lodging under section 72E of that Act shall be deemed to have been lodged on the next day after that date.

Proceedings at preliminary hearing

9A.5

(1) Any order under section 72(9)(a) (appointment of further diet) of the Act of 1995 shall be intimated by the Clerk of Justiciary to the parties or their solicitors.

(2) On the making of an order mentioned in paragraph (1), the Clerk of Justiciary shall send a copy of the order to the governor of any institution in which the accused is detained.

(3) On the appointment of a trial diet, the Clerk of Justiciary shall intimate the date of that diet to the governor of any institution in which the accused is detained.

Applications for leave to appeal

9A.6

(1) An application for leave to appeal to the High Court under section 74(1) of the Act of 1995 against a decision of the High Court at a preliminary hearing shall be made by motion to the court at that hearing immediately following the making of the decision in question, and shall be granted or refused at that time.

(2) A decision made under this rule shall be recorded in the record of proceedings.

Note of appeal

9A.7

(1) An appeal under section 74(1) of the Act of 1995 against a decision of the High Court at a preliminary hearing shall be made by lodging a note of appeal in Form 9A.7 with the Clerk of Justiciary.

(2) The appellant shall send a copy of a note of appeal under paragraph (1) to the other parties.

Abandonment of appeal

9A.8

(1) An appellant who has taken an appeal under section 74(1) of the Act of 1995 (appeals against decision at a preliminary hearing) may abandon the appeal at any time before the hearing of the appeal.

(2) An abandonment of such appeal shall be made by lodging a minute of abandonment in Form 9A.8.

CHAPTER 9B — OBJECTIONS TO THE ADMISSIBILITY OF EVIDENCE RAISED AFTER FIRST DIET OR PRELIMINARY HEARING

Notice etc. of objections raised after first diet or preliminary hearing

9B.1

(1) Any notice given under section 79A(2) of the Act of 1995(objections to the admissibility of evidence after first diet or preliminary hearing) shall be by minute in Form 9B.1 and shall be served on the other parties by the minuter.

(2) On the lodging of a minute under paragraph (1), the Clerk of Justiciary or the sheriff clerk, as the case may be, shall place the minute before a judge in chambers.

(3) On considering the minute in the absence of the parties or of any person acting on their behalf, the judge shall appoint–

(a) a further diet to be held before the trial diet for the purpose of hearing the parties on whether leave should be granted for the objection to be raised; or

(b) the question of whether leave should be granted under section 79A(2) of the Act of 1995 for the objection to be disposed of at the trial diet.

(4) The Clerk of Justiciary or the sheriff clerk, as the case may be, shall intimate the order under paragraph (3) to the parties and to the governor of any institution in which the accused is detained.

Adjournment

12.1

(1) Where circumstances arise in which the court may adjourn a diet under section 75A(2) of the Act of 1995 (adjournment and alteration of diets), and the prosecutor proposes such an adjournment, he may for that purpose require the diet to be called on the date for which it was originally fixed at such time as he thinks appropriate.

(2) The presence of the accused in court when the diet was so called and adjourned shall be sufficient intimation to him of the adjourned diet.

(3) If the diet was so called and adjourned in the absence of the accused, the prosecutor shall forthwith serve on the accused an intimation of adjournment in Form 12.1.

(4) The calling and the adjournment of the diet including a record as to the presence or absence of the accused, as the case may be, shall be endorsed by the clerk of court on the record copy indictment and entered in the record of proceedings in accordance with existing law and practice.

(5) A copy of the order of the court adjourning the diet under section 75A(2) of the Act of 1995 shall be sent by the clerk of court to the governor of any institution in which the accused is detained.

Applications for alteration of diet

12.2

(1) Subject to paragraph (2), an application under section 75A(5) of the Act of 1995 (application for alteration of diet) shall be made by minute in Form 12.2–A.

(2) Where all parties join in the application, the application shall be made by joint minute in Form 12.2–B.

(3) A minute under this rule shall be lodged–

(a) in the case of proceedings in the High Court, with the Clerk of Justiciary,

(b) in the case of proceedings in the sheriff court, with the sheriff clerk.

Orders fixing diet for hearing application to alter diet

12.3

Where a minute referred to in rule 12.2 (applications for alteration of diet) has been lodged, the court shall, or, in a case in which all parties join in the application, may, make an order endorsed on the minute–

(a) fixing a diet for a hearing of the application; and

(b) for service of the minute with the date of the diet on all parties.

12.4

A diet fixed under rule 12.3 (orders fixing diet for hearing application to alter diet) shall be held in open court in the presence of all parties unless the court permits the hearing to proceed in the absence of the accused under section 75A(8) of the Act of 1995, and shall be commenced by the calling of the diet.

Joint applications without hearing

12.5

(1) Where, in the case of a joint application under subsection (5) of section 75A of the Act of 1995 (application for alteration of diet), the court proposes to proceed without hearing the parties by virtue of subsection (7) of that section (joint application for alteration of diet), the clerk of court shall on the lodging of the minute attach it to the record copy of the indictment and place it before a judge in chambers.

(2) The order made by the judge in chambers in respect of the joint application shall be–

(a) recorded by endorsation on the record copy of the indictment;

(b) signed by the clerk of court;

(d) intimated by the clerk of court to the applicants or their solicitors.

(3) The clerk of court shall send to the governor of any institution in which the accused is detained a copy of the following orders of the court–

(a) an order under rule 12.3 (order fixing diet for hearing of application to alter diet);

(b) an order under section 65(3) or (5) of the Act of 1995 (extension of time limits); and

Form of notice where trial diet does not take place

12.6

A notice referred to in section 81(5) of the Act of 1995 (notice to appear where trial diet has not taken place) shall be in Form 8.2–B or, where the charge is of committing a sexual offence to which section 288C of that Act (prohibition of personal conduct of defence in cases of certain sexual offences) applies, Form 8.2–C.

Floating diets in the High Court of Justiciary and continued diets in the sheriff court

12.7

(1) A minute referred to in section 83A(2)(a) of the Act of 1995 (minute of continuation of floating trial diet) shall be in Form 12.7.

(1A) A minute referred to in section83B of the Act of 1995 (continuation of trial diet in the sheriff court) shall be in Form 12.7.

(2) The maximum number of days for which a floating diet in the High Court or continued diet in the sheriff court may be continued from sitting day to sitting day shall be four days after the day originally appointed for the trial diet.

Warrants for apprehension

13A.2

(1) An application made in writing for a warrant for the apprehension of a witness under section 90A or 90D of the Act of 1995 shall be in Form 13A.2–A.

(2) On receipt of an application under paragraph (1), the Clerk of Justiciary or sheriff clerk, as the case may be, shall fix a diet for the hearing of the application and intimate the date of that hearing to the parties.

(3) A warrant for the apprehension of a witness under section 90A of the Act of 1995 shall be in Form 13A.2–B.

Review of orders

13A.3

An application for review under section 90D of the Act of 1995 of an order under section 90A(1)(a) or (b) of that Act shall be in Form 13A.3.

Appeals

13A.4

An appeal under section 90E(1) of the Act of 1995 (appeal in respect of an order under section 90B(1) of the Act of 1995) shall be made by lodging a note of appeal in Form 13A.4 with the Clerk of Justiciary.

Application for direction that challenge be disregarded

22.2A

An application under section 258(4A) of the Act of 1995 (application for direction that challenge be disregarded) shall be in Form 21.2A.

Notice of intention to have hearsay statement admitted

Authentication of certain prior statements of witnesses

Form of application to introduce evidence relating to sexual offences

Incidental applications out of hours

16.4A

(1) Where the prosecutor makes an incidental application in Form 16.4–A when the office of the prosecutor is closed, the application shall not require to be signed by the prosecutor but shall state the name of the prosecutor.

(2) The oath of a police officer shall be sufficient to authenticate the application as being an application by the prosecutor named on the application.

Form of certain warrants

Citation of witnesses

Applications for alteration of diets

Community reparation orders

20.12C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Terms of compensation orders to record of proceedings

Legal disability of person entitled to compensation

Variation of compensation orders

Discharge or reduction of compensation order

Use of certified copy documents in certain proceedings

Form of extract of sentence

Reduction of disqualification period for drink-drive offencers

Antisocial behaviour orders

Notice of intention to rely on presumption of identification

21.6

(1) A notice under section 281A(2)(a) of the Act of 1995 (notice of intention to rely on presumption of identification prior to trial) shall be in Form 21.6–A.

(2) A notice under section 281A(2)(b) of the Act of 1995 (notice of intention to challenge facts in report of identification) shall be in Form 21.6–B.

Child witness notice

22.1

Where a vulnerable witness notice under section 271A(2) of the Act of 1995 (vulnerable witness notice)—

(a) specifies a special measure other than a standard special measure; or

(b) seeks an order authorising the giving of evidence by the witness without the benefit of any special measure,

it shall be in Form22.1 and shall be lodged with the clerk of court.

Procedure on lodging child witness notice

22.2

(1) On receipt of a notice under rule 22.1 (vulnerable witness notice: non-standard special measures) or rule 22.1ZA (vulnerable witness notice: standard special measures) or application under rule 22.1A (vulnerable witness application) the clerk of court shall–

(a) endorse on the notice or application, as the case may be, the time and date on which it was received; and

(b) place the notice or application, as the case may be, before a judge in chambers.

(2) The party that lodges the vulnerable witness notice or vulnerable witness application, as the case may be, shall lodge a certificate of intimation with the clerk of court–

(a) within 7 days after lodging the notice or application, as the case may be; or

(b) at least 2 days before any first diet or preliminary hearing,

whichever is the earlier.

Intimation of an order under section 271A

22.3

(1) An order—

(a) under section 271A(5)(a) of the Act of 1995 authorising the use of a special measure;

(b) under section 271A(5)(b) of that Act authorising the giving of evidence without the benefit of any special measures;

(i) under section 271A(5A)(a) of that Act, at a preliminary hearing; or

(ii) under section 271A(5A)(b) of that Act, at a first diet; or

(d) under section 271A(5A)(c) or (7)(b)(ii) of that Act, appointing a diet to be held before the trial diet; or

(e) under section 271A(9) of that Act (order in relation to special measures after hearing),

may be signed by the clerk of court.

(2) An order mentioned in paragraph (1) shall be intimated by the clerk of court to all parties, unless the party was present at the hearing at which the order was made, and in the case of an order under paragraph (1)(c) or (d), to the governor of any institution in which the accused is detained.

Review of arrangements for vulnerable witnesses

22.4

(1) An application under section 271D(1)(a) of the Act of 1995 (review of arrangements for vulnerable witnesses) may be made—

(a) orally; or

(b) in writing by minute in Form 22.4.

(2) A minute under paragraph (1)(b) shall be lodged with the clerk of the court ....

Procedure for review

22.5

On receipt of a minute under rule 22.4(1)(b) (minute for review of arrangements for vulnerable witnesses) or on a review on the court’s own motion, the court, after giving the parties an opportunity to be heard by making written submissions within such period as specified by the court, may—

(a) consider and determine the review without a hearing; or

(b) make an order, endorsed on the minute or recorded in the minute of proceedings, fixing a diet for a hearing of the application and for intimation by the clerk of court of the date of the diet to all parties.

Intimation of the order

22.6

Where an order under section 271D(2) of the Act of 1995 (order after review of arrangements for vulnerable witnesses) is made ... under rule 22.5 (procedure for review) it shall be intimated by the clerk of court to all parties unless the party was present at a hearing at which the order was made.

Notice of prohibition of personal conduct of defence

22.7

In proceedings to which section 288E of the Act of 1995 (prohibition of personal conduct of defence in certain cases involving child witnesses under the age of 12) applies, a notice in Form 22.7 shall be served on the accused by the prosecutor with any vulnerable witness notice, unless a notice in Form 8.2–C has already been served.

Application for prohibition of personal conduct of defence

22.8

(1) An application under section 288F(2)(a) of the Act of 1995 (prohibition of personal conduct of defence) shall be made by minute in Form 22.8–A.

(2) The minute shall be lodged with the clerk of court and served on all parties by the minuter.

(3) On receipt of a minute under paragraph (1), or on the court’s own motion, the court shall make an order endorsed on the minute or recorded in the minute of proceedings—

(a) fixing a diet for a hearing of the application or to hear parties; and

(b) for service of the minute or order with the date on all parties and to the governor of any institution in which the accused is detained.

(4) Where a party is not represented or personally present at a hearing under paragraph (3) when an order is made under section 288F of the Act of 1995 (order prohibiting personal conduct of defence) the clerk of court shall intimate the order to that party.

(5) On the making of an order under section 288F of the Act of 1995 in the absence of the accused, the prosecutor shall forthwith serve on the accused a notice in Form 22.8–B.

Transfer of cases

22.9

This rule applies where the sheriff or justice of the peace makes an order under—

(a) section 271J(4) of the Act of 1995 (live television link: transfer of proceedings); or

(b) section 271K(3) of the Act of 1995 (screens: transfer of proceedings).

(2) When an order is made, the clerk of court must transmit to the clerk of the court to which the proceedings are transferred—

(a) the record copy of the indictment or complaint;

(b) the minute of proceedings;

(d) any relevant documents.

Evidence in chief in form of prior statement

22.10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for assessment orders

7.1

(1) A written application under—

(a) section 52B(1) of the Act of 1995 (assessment order: prosecutor); or

(b) section 52C(1) of the Act of 1995 (assessment order: Scottish Ministers),

shall be in Form 7.1.

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

(a) the court shall appoint a diet for hearing the application; and

(b) the clerk of court shall intimate the diet to the applicant, the person in respect of whom the application is made or the solicitor for that person, the governor of any institution in which the person in respect of whom the application is made is detained and, where the application is by the Scottish Ministers, the prosecutor.

Assessment orders ex proprio motu

7.2

Where the court considers making an assessment order under section 52E of the Act of 1995 (assessment order: ex proprio motu) and considers it appropriate to do so—

(a) the court shall appoint a diet for parties to be heard; and

(b) the clerk of court shall intimate the diet to the prosecutor, the person in respect of whom the order may be made or the solicitor for that person, and the governor of any institution in which the person in respect of whom the application is made is detained.

Applications for treatment orders

7.3

(1) A written application under—

(a) section 52K(1) of the Act of 1995 (treatment order: prosecutor); or

(b) section 52L(1) of the Act of 1995 (treatment order: Scottish Ministers),

shall be in Form 7.3.

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

(a) the court shall appoint a diet for hearing the application; and

(b) the clerk of court shall intimate the diet to the applicant, the person in respect of whom the application is made or the solicitor for that person, the governor of any institution in which the person in respect of whom the application is made is detained, and where the application is by the Scottish Ministers, the prosecutor.

Treatment orders ex proprio motu

7.4

Where the court considers making a treatment order under section 52N of the Act of 1995 (treatment order: ex proprio motu) and considers it appropriate to do so—

(a) the court shall appoint a diet for parties to be heard; and

(b) the clerk of court shall intimate the diet to the prosecutor, the person in respect of whom the order may be made or the solicitor for that person, and the governor of any institution in which the person in respect of whom the application is made is detained.

Variation of assessment orders or review of treatment orders

7.5

Where the court receives a report under section 52G(9) (report for variation of assessment order) or section 52Q(1) (report for review of treatment order) of the Act of 1995—

(a) the court shall, by interlocutor in Form 7.5, appoint a hearing for parties to be heard and where appropriate, grant warrant to authorised officers of the hospital or officers of law, to bring the offender from the hospital to the court for that diet; and

(b) the clerk of court shall intimate the diet to the prosecutor, the person in respect of whom the order has been made or the solicitor for that person.

Interim compulsion order

7.6

(1) Subject to paragraph (2), where the court receives a report under section 53B(1) of the Act of 1995 (interim compulsion order) —

(a) the court shall—

(i) by interlocutor in Form 7.6, appoint a hearing for parties to be heard and where appropriate, grant warrant to authorised officers of the hospital or officers of law, to bring the offender from the hospital to the court for that diet;

(ii) discharge the diet already fixed; and

(b) the clerk of court shall intimate the diet to the prosecutor, the person in respect of whom the order has been made or the solicitor for that person.

(2) Where the report referred to in paragraph (1) is received within 14 days before the diet already fixed, paragraph (1) shall not apply.

Assessment, treatment and interim compulsion orders: specified hospital

7.7

Where the court makes a direction under section 52F(1)(b) (assessment order: specified hospital), section 52P(1)(b) (treatment order: specified hospital) or section 53A(1) (interim compulsion order: specified hospital) of the Act of 1995 the court shall send a copy of the direction to the person in respect of whom the order has been made, the solicitor for that person, the prosecutor and Scottish Ministers.

Compulsion orders and hospital directions: specified hospital

7.8

Where the court makes a direction under 57D(1) (compulsion order: specified hospital) or specifies another hospital in a direction under section 59C(1) (hospital direction: specified hospital) of the Act of 1995 the court shall send a copy of the direction or specification, as the case may be, to the person in respect of whom the order has been made and the solicitor for that person.

CHAPTER 48 — PROTECTION OF CHILDREN AND PREVENTION OF SEXUAL OFFENCES (SCOTLAND) ACT 2005

Interpretation

48.1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sexual offences prevention orders

48.2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation, renewal or discharge of sexual offences prevention orders

48.3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of commissioner

22.11

(1) On making an order under section 271A(5) or (9) of the Act of 1995 (order in relation to special measures) authorising the taking of evidence by a commissioner in accordance with section 271I of that Act, the High Court, the sheriff or the justice of the peace, as the case may be, shall appoint—

(a) a commissioner to take the evidence of the vulnerable witness; and

(b) a clerk to assist the commissioner in the carrying out of his duties,

and shall dispense with interrogatories.

(2) On the appointment of a commissioner under paragraph (1), the clerk of court shall send the order to the commissioner or his clerk with such other relative documents as the court may direct.

(3) On sending the order to the commissioner or his clerk under paragraph (2), the clerk of court shall note on the record copy of the indictment or in the minute of proceedings—

(a) the order and the documents sent;

(b) the names of the persons to whom the order and documents were sent;

The commission

22.12

(1) The commissioner shall, on receiving the order and documents mentioned in rule 22.11(2) (appointment of commissioner), determine the place and date of the diet for the taking the evidence of the witness to whom the order of the court relates, and shall give reasonable notice of those matters to all parties.

(2) The commissioner may vary or revoke his determination or adjourn the taking of the evidence of the 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, unless a judge or sheriff of the relevant court, shall not determine any such question but shall allow the evidence subject to all questions of competency and relevancy.

Video recording of commission

22.13

(1) 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 or his clerk shall cause the tape or disc of the video recording of the commission to be sealed in an envelope or other similar container, which the commissioner shall sign and date, and on which the following information shall be endorsed—

(a) the name of the accused;

(b) the prosecution and court reference numbers; and

which sealed envelope shall be returned, with the relative documents, to the clerk of court.

(2) On the video recording and any documents being returned to him, the clerk of court shall—

(a) note—

(i) the documents returned;

(ii) by whom the documents were returned; and

(iii) the date on which the documents were returned;

on the record copy of the indictment or in the minute of proceedings; and

(b) intimate what he has noted to all parties.

(3) The seal on the envelope or container shall be broken only on the authority of the clerk of court.

(4) The clerk of court shall only permit such access to the tape or disc for such period as may be required for the purposes of the authorisation and on expiry of that period, shall again cause the tape or disc of the video recording of the commission to be sealed, which the clerk of court shall sign, and on which the following information shall be endorsed—

(a) the name of the accused;

(b) the date of the commission;

(d) the prosecution and court reference numbers;

(e) the time of commencement and termination of the tape or disc;

(f) the time and date of sealing of the tape or disc.

Custody of video recording and documents

22.14

(1) The clerk of court shall keep the tape or disc of the video recording and documents referred to in rule 22.13(1) (video record of evidence on commission) in his custody.

(2) Where the tape or disc of the video recording of the evidence of a witness is in the custody of the clerk of court under this rule and where intimation has been given to that effect under rule 22.13(2)(b) to all the parties, the name and address of the witness and the tape or disc of the video recording of his or her evidence shall be treated as being within the knowledge of those parties; and no party shall be required, notwithstanding any enactment to the contrary, to include the tape or disc of the video recording of that witness’s evidence in any list of productions.

Applications for leave for accused to be present at commission

22.15

(1) An application in writing under section 271I(3) of the Act of 1995 (application for leave for accused to be present in the room during commission) shall be in Form 22.15.

(2) The application shall be lodged with the clerk of court and served on every other party by the applicant.

(3) On receipt of an application under paragraph (2), the clerk of court shall place the application before a judge in chambers.

(4) On considering the application in the absence of parties, or of any person acting on their behalf, the judge shall—

(a) grant leave as requested; or

(b) fix a diet for a hearing of the application; and

(c) make an order for service of the application with the date on all parties and to the governor of any institution in which the accused is detained.

(5) Where an order under section 271I(3) of the Act of 1995 (leave for accused to be present in the room) is granted, it shall be intimated by the clerk of court to all parties unless the party was present at the hearing at which the order was made.

Vulnerable witness application

22.1A

—An application under section 271C(2) of the Act of 1995 (vulnerable witness application) shall be in Form 22.1A and shall be lodged with the clerk of court.

Procedure on lodging child witness notice or vulnerable witness application

Intimation of an order under section 271A

Intimation of an order under section 271C

22.3A

(1) An order–

(a) under section 271C(5)(a) of the Act of 1995 authorising the use of a special measure;

(b) appointing a vulnerable witness application to be disposed of–

(i) under section 271C(5A)(a) of that Act, at a preliminary hearing; or

(ii) under section 271C(5A)(b) of that Act at a first diet;

(d) under section 271C(7) of that Act (order in relation to special measure after hearing),

may be signed by the clerk of court.

(2) An order mentioned in paragraph (1) shall be intimated by the clerk of court to all parties, unless the party was present at the hearing at which the order was made and, in the case of an order under paragraph (1)(b) or (c), to the governor of any institution in which the accused is detained.

Review of arrangements for vulnerable witnesses

Procedure for review

Intimation of the order

Notice of prohibition of personal conduct of defence

Application for prohibition of personal conduct of defence

Transfer of cases

Evidence in chief in form of prior statement

Appointment of commissioner

The commission

Video recording of commission

Custody of video recording and documents

Applications for leave for accused to be present at commission

CHAPTER 49 — FINANCIAL REPORTING ORDERS

Interpretation

49.1

In this Chapter

“financial reporting order” means an order made under section 77(1) of the Serious Organised Crime and Police Act 2005.

“the prosecutor” means the prosecutor at whose instance the order was made.

Financial reporting orders

49.2

A financial reporting order shall be in Form 49.2.

Variation or revocation of financial reporting orders

49.3

(1) An application for the variation or revocation of a financial reporting order shall be made by petition in Form 49.3.

(2) On a petition referred to in paragraph (1) being lodged, the court shall—

(a) order intimation of the application to be made to the person in respect of whom the financial reporting order was made or the person to whom reports are to be made under it, as the case may be and to the prosecutor;

(b) appoint a hearing on the application; and

(c) order intimation of the hearing to the persons referred to in sub-paragraph (a) and to the governor of any institution in which the person in respect of whom the financial reporting order was made is detained.

CHAPTER 19C — RISK ASSESSMENT

Risk assessment orders

19C.1

(1) A notice of intention to make a motion for a risk assessment order under section 210B(2) of the Act of 1995 shall be in Form 19C.1–A.

(2) A risk assessment order under section 210B(2) of the Act of 1995 shall be in Form 19C.1–B.

(3) An application under section 210B(5) of the Act of 1995 (application for extension of period of adjournment following order) shall be made by letter to the Clerk of Justiciary.

(4) On receipt of a letter under paragraph (3), the Clerk of Justiciary shall–

(a) send a copy of that letter to the prosecutor, the convicted person and the assessor; and

(b) fix a date and time for hearing the application which date and time shall be notified by the Clerk of Justiciary to the prosecutor; the convicted person and the governor of any institution in which the convicted person is detained.

(5) The Clerk of Justiciary shall notify the governor of any institution in which the convicted person is detained of any extension (or further extension) under section 210B(5) of the Act of 1995, of the period mentioned in section 210B(4) of the Act of 1995 (adjournment following risk assessment order).

Reports

19C.2

A report under section 210C or 210D of the Act of 1995 shall be in Form 19C.2.

Objections to reports

19C.3

(1) A convicted person shall intimate any objection under section 210C(7) of Act of 1995 by lodging with the Clerk of Justiciary and serving on the prosecutor a notice of objection in Form 19C.3 within 14 days after receiving a copy of the report.

(2) On receipt of a notice of objection under paragraph (1), the Clerk of Justiciary shall fix a date and time for hearing the objection and shall intimate that date and time to the convicted person, the prosecutor and the governor if any institution in which the convicted person is detained.

(3) The convicted person and the prosecutor shall, not less than 7 days before the hearing mentioned in paragraph (2), lodge and serve on the other party lists of any witnesses and productions on which they propose to rely at the hearing.

Orders for lifelong restriction

20.21

An order for lifelong restriction under section 210F(1) of the Act of 1995 shall be in Form 20.21.

CHAPTER 50 — FOOTBALL BANNING ORDERS

Interpretation

50.1

In this Chapter—

“the 2006 Act” means the Police, Public Order and Criminal Justice Act 2006;

“football banning order” means an order made under section 51(2) of the 2006 Act;

“football banning orders authority” has the meaning given in section 69 of the 2006 Act.

Football banning orders

50.2

A football banning order shall be in Form 50.2.

Variation or termination of football banning orders

50.3

(1) An application for the variation or termination of a football banning order shall be made by petition in Form 50.3.

(2) On a petition referred to in paragraph (1) being lodged, the court shall–

(a) order intimation of the application to–

(i) in the case of an application by the person subject to the order, the football banning orders authority; or

(ii) in any other case, to the person subject to the order;

(b) appoint a hearing on the application; and

(c) order intimation of the hearing to the persons referred to in sub-paragraph (a) and to the governor of any institution in which the person in respect of whom the football banning order was made is detained.

CHAPTER 51 — ANIMAL HEALTH AND WELFARE

Interpretation

51.1

In this Chapter–

“the 1981 Act” means the Animal Health Act 1981;

“the 2006 Act” means the Animal Health and Welfare (Scotland) Act 2006;

“the 2023 Act” means the Hunting with Dogs (Scotland) Act 2023;

“deprivation order” means an order made under—section 28E of the 1981 Act;section 39 of the 2006 Act;section 47 of the Animal Welfare Act 2006; orsection 21(1) of the 2023 Act;

“disqualification order” means an order made under—section 28F of the 1981 Act;section 40 of the 2006 Act;regulation 21(2) of the Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009; orsection 22(1) of the 2023 Act.

Deprivation orders

51.2

A deprivation order shall be in Form 51.2.

Representations

51.3

(1) Where the court is considering making a deprivation order and it is practicable to do so–

(a) the court shall appoint a diet for parties to be heard; and

(b) the clerk of court shall intimate the diet to the owner of any animal to which the order would apply.

(2) Paragraph (3) applies to a person who has received intimation under paragraph (1)(b) and wishes to make representations to the court under—

(a) section 28E(9) of the 1981 Act;

(b) section 39(9) of the 2006 Act;

(d) section 21(9) of the 2023 Act.

(3) A person to whom this paragraph applies is to make representations, unless the court otherwise directs—

(a) in writing to the clerk of court; and

(b) by such date as the court directs.

Forms of appeal by person with interest in animal

51.4

An application under—

(a) section 28E(11) of the 1981 Act;

(b) section 43(2) of the 2006 Act;

(d) section 25(2) of the 2023 Act,

is to be in Form 51.4.

Disqualification orders

51.5

A disqualification order shall be in Form 51.5.

Termination or variation of disqualification orders

51.6

An application for the termination or variation of a disqualification order shall be made by petition in Form 51.6.

Appeals

7.9

(1) An appeal under–

(a) section 62 of the Act of 1995 (appeal by accused in case involving insanity); or

(b) section 63 of the Act of 1995 (appeal by prosecutor in case involving insanity),

shall be made by lodging a note of appeal in Form 7.9.

(2) At the same time as lodging a note of appeal under paragraph (1), the applicant shall send a copy to the other parties.

(3) As soon as possible after the lodging of a note of appeal under paragraph (1), the clerk of the appropriate Appeal Court shall request a report from the judge who made the finding, order or acquittal which is the subject of the appeal.

(4) In this rule, “clerk of the appropriate Appeal Court” means—

(a) in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;

(b) in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of the Sheriff Appeal Court.

Lodging and intimation of transcripts

15.17

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

Act of Adjournal (Criminal Procedure Rules) 1996

CHAPTER 19A — ALTERATION BY CLERK OF JUSTICIARY OF PLACE WHERE CASE TO BE HEARD

Power of clerk of Justiciary to alter place where case to be heard

19A.1

CHAPTER19B — SCOTTISH CRIMINAL CASES REVIEW COMMISSION

References in solemn proceedings

19B.1

References in summary proceedings

19B.2

Supervised release orders

Supervised attendance orders

Drug treatment and testing orders

CHAPTER 44 — INTERNATIONAL CRIMINAL COURT ACT 2001

Interpretation of this Chapter

44.1

Consent to surrender

44.2

Waiver of right to review

44.3

CHAPTER 45 — FUR FARMING (PROHIBITION) (SCOTLAND) ACT 2002

Interpretation of this Chapter

45.1

Representations in forfeiture orders

45.2

CHAPTER 23A — TELEVISION LINK EVIDENCE ...

Application for television link evidence ...

23A.1

Powers of the court in applications

23A.2

Expenses

23A.3

Transmission of letters of request

23A.4

Procedural diet

23A.5

36.1

Effecting citation or service of documents outside the United Kingdom

36.2

Proof of citation or service outside the United Kingdom

36.3

Applications for requests for assistance

36.4

Hearing of applications for requests for assistance

36.5

Register of applications for requests for assistance

36.6

Notification of requests for assistance

36.7

Citation for proceedings before a nominated court

36.8

Proceedings before a nominated court

36.9

Provision of interpreters

36.10

Court record of proceedings before a nominated court

36.11

Sexual offences to which Part 2 of the Sexual Offences Act 2003 applies

CHAPTER 46 — PARENTAL DIRECTIONS UNDER THE SEXUAL OFFENCES ACT 2003

Young offenders: parental directions

46.1

Applications to vary, renew or discharge parental directions

46.2

34.1

Arrest under provisional warrant

34.2

Appeals

34.3

Hearing of appeals

34.4

Applications for extension of time

34.5

Consent to extradition

Post-extradition matters

34.7

Part 3 warrants

34.8

Service etc. on accused through a solicitor

2.3A

Service on witnesses

Service by post