Act of Adjournal (Criminal Procedure Rules Amendment No. 6) 1997

Made: 26th August 1997

Coming into force: 1st September 1997

The Lord Justice General, Lord Justice Clerk and Lords Commissioners of Justiciary under and by virtue of the powers conferred on them by section 7(4) of the Knives Act 1997([^f00001] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1

• (1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No.6) 1997 and shall come into force on 1st September 1997.

• (2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of the Criminal Procedure Rules

2

• (1) The Act of Adjournal (Criminal Procedure Rules) 1996 [^f00002] shall be amended in accordance with this Act of Adjournal.

• (2) After Chapter 37 insert–

(37A) An application to the sheriff under section 7(3) of the Knives Act 1997 (recovery order for delivery of property to applicant if it appears to court that he owns it) shall be made by petition in Form 37A.

• (3) After Form 36.4B insert as Form 37A the form which is in the Schedule.

SCHEDULE

FORM 37A — Form of petition to sheriff under section 7(3) of the Knives Act 1997

UNTO THE HONOURABLE THE SHERIFF OF (name of sheriffdom)

AT (place)

PETITION

of

[A.B.] (address)

PETITIONER

HUMBLY SHEWETH:

1

That the petitioner is (name) and resides at (address).

2

That on (date) the court in the case (Procurator Fiscal) against (name and address), accused, made an Order in terms of section 6 of the Knives Act 1997 forfeiting (specify property forfeited).

3

That (state facts relevant to application).

Signed

Rodger of Earlsferry — Lord Justice General, I.P.D. — 26th August 1997

Explanatory note

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

This Act of Adjournal amends the Criminal Procedure Rules by inserting a new chapter 37A providing for applications to the sheriff under section 7(3) of the Knives Act 1997 for delivery of forfeited property to the true owner and by prescribing a form of petition for that purpose.

Footnotes

[^f00001]: 1997 c. 21.

[^f00002]: S.I. 1996 No. 513 (S.47).