Act of Adjournal (Criminal Procedure Rules Amendment No. 2) 1999

Made: 28th April 1999

Coming into force: 1st May 1999

The Lord Justice General, the Lord Justice Clerk and the Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section 305 of the Criminal Procedure (Scotland) Act 1995(¹ 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. 2) 1999 and shall come into force on 1st May 1999.

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

Amendment of the Criminal Procedure Rules 1996

2

• (1) Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (criminal procedure)(² shall be amended in accordance with this paragraph.

• (2) In rule 31.1(1) (which defines certain expressions for the purposes of Chapter 31), in the definition of “question”, for “177” substitute “234”.

• (3) In rule 31.5 (preparation of case for reference)–

• (a) in paragraph (2)–

• (i) in sub-paragraph (a), at the beginning insert “except in so far as the court may otherwise direct,”; and

• (ii) in sub-paragraph (b), for the words from “be”, where it first occurs, to the end substitute “if necessary, be further adjusted to take account of any adjustments required by the court”; and

• (b) after paragraph (2) there shall be added–

(3) In preparing a reference, the parties shall have regard to the guidance set out in the annex to these Rules.

• (4) In the appendix, for Form 31.5 there shall be substituted the form set out in Schedule 1 to this Act of Adjournal.

• (5) After the appendix there shall be added the Annex set out in Schedule 2 to this Act of Adjournal.

Saving

3

Nothing in this Act of Adjournal affects any reference made before the coming into force of this Act of Adjournal.

SCHEDULE 1 — REFERENCES TO THE EUROPEAN COURT: FORM

THE HIGH COURT OF JUSTICIARY [or SHERIFF [or DISTRICT] COURT] IN SCOTLAND HER MAJESTY'S ADVOCATE [or THE PROCURATOR FISCAL] against [C.D.] (address) [or Prisoner in the Prison of (place)] [Here set out a clear and succinct statement of the case giving rise to the request for the ruling of the European Court in order to enable the European Court to consider and understand the issues of Community law raised and to enable governments of Member States and other interested parties to submit observations. The statement of the case should include: (a) particulars of the parties; (b) the history of the dispute between the parties; (c) the history of the proceedings; (d) the relevant facts as agreed by the parties or found by the court or, failing such agreement or finding, the contentions of the parties on such facts; (e) the nature of the issues of law and fact between the parties; (f) the Scots law, so far as is relevant; (g) the Treaty provisions or other acts, instruments or rules of Community law concerned; and (h) an explanation of why the reference is being made.] The preliminary ruling of the Court of Justice of the European Communities is accordingly requested on the following questions: 1, 2, etc. [Here set out the questions on which the ruling is sought, identifying the Treaty provisions or other acts, instruments or rules of Community law concerned.] Dated the day of 19.

SCHEDULE 2 — REFERENCES TO THE EUROPEAN COURT: GUIDANCE

Signed

Rodger of Earlsferry — Lord Justice General I.P.D. — 28 April 1999.

Explanatory note

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

This Act of Adjournal adds a new paragraph (3) to rule 31.5 of the Criminal Procedure Rules 1996 (which relates to references to the Court of Justice of the European Communities) requiring parties to have regard, in drafting references in Form 31.5, to guidance notes set out in the Notes Appendix (which is also added to the Rules by this Act). In addition, a new, more detailed version of Form 31.5 is substituted for the existing form.

Footnotes