Act of Adjournal (Consolidation) 1988

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(1).

(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(2);

“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(3).

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(4) (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;

(c) affixing the document to the door of, or depositing it in, the proper domicile of citation of the accused; or

(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.

(1)

Section 228 was substituted by the 1980 Act, Schedule 2, paragraph 1.

(2)

1986 c. 47

(3)

S.I. 1987/307

(4)

Section 71 was amended by the 1980 Act, Schedule 6, paragraph 1.