2006 No. 302
Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006
Made
Coming into force
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 19951, and of all other powers enabling them in that behalf, with the consent of the Scottish Ministers, do hereby enact and declare:
Citation and commencement1
1
This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Risk Assessment Orders and Orders for Lifelong Restriction) 2006 and shall come into force on 20th June 2006.
2
This Act of Adjournal shall be inserted in the Books of Adjournal.
Amendment of the Act of Adjournal (Criminal Procedure Rules) 19962
1
The Act of Adjournal (Criminal Procedure Rules) 19962 shall be amended in accordance with the following sub-paragraphs.
2
3
In rule 15.1 (register and list of appeals)5–
a
in paragraph (1) for “or section 108 (Lord Advocate’s appeal against sentence)” there shall be substituted “, section 108 (Lord Advocate’s appeal against sentence) or section 210F(3) (prosecutor’s appeal against refusal to make an order for lifelong restriction)”; and
b
in paragraph (5) for “or 108(1)” there shall be substituted “, 108(1) or 210F(3)”.
4
In rule 15.16(1) (presentation of solemn sentence appeal in writing)6 for “or 108(1)” there shall be substituted “, 108(1) or 210F(3)”.
5
After Chapter 19B (cases referred by the Scottish Criminal Cases Review Commission under section 194B of the Criminal Procedure (Scotland) Act of 1995)7 there shall be inserted the following:–
CHAPTER 19CRISK ASSESSMENT
Risk assessment orders19C.1
1
A notice of intention to make a motion for a risk assessment order under section 210B(2) of the Act of 19958 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).
Reports19C.2
A report under section 210C or 210D of the Act of 19959 shall be in Form 19C.2.
Objections to reports19C.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.
6
7
In the appendix–
a
at the end of Form 8.3 (notice of previous convictions) there shall be inserted the following:–
[To be inserted only where the notice is to include any details which the prosecutor proposes to provide under section 101(3A) of the Criminal Procedure (Scotland) Act 1995 (risk assessment order: details regarding offences): In the event of your being convicted of the charge(s) in the indictment to which this notice is attached, it is intended to place before the court the following details regarding the offences in question: (specify)
(Signed)
Prosecutor]
b
after Form 19.1812 there shall be inserted the forms set out in Part 1 of the Schedule to this Act of Adjournal;
c
after Form 20.20 (form of antisocial behaviour order)13 there shall be inserted the form set out in Part 2 of the Schedule to this Act of Adjournal;
d
in Form 21.5 (form of application under section 275(1) of the Criminal Procedure (Scotland) Act 1995)14 in paragraph 3 “at the trial” shall be omitted;
e
in Form 22.1 (child witness notice)15–
i
after paragraph 1 there shall be inserted the following:–
[or, where the child witness notice is lodged for the purposes of proceedings under section 210C(7) of the Criminal Procedure (Scotland) Act 1995 (objection to risk assessment report etc.): 1. That on (date) the High Court of Justiciary sitting at (place) made a risk assessment order [or an interim compulsion order] in respect of [A.B.].]
ii
after paragraph 2 there shall be inserted the following:–
[or, where the child witness notice is lodged for the purposes proceedings under section 210C(7) of the Criminal Procedure (Scotland) Act 1995 (objection to risk assessment report etc.): 2. That [A.B.] was convicted of (specify), which is an offence to which section 288C [or section 288E] of the Criminal Procedure (Scotland) Act 1995 applies [or and an order has been made under section 288F(2) of the Criminal Procedure (Scotland) Act 1995]
iii
at the end of paragraph 3 there shall be inserted
[or, proceedings under section 210C(7) of the Criminal Procedure (Scotland) Act 1995]
f
in Form 22.4 (application for review of arrangements for vulnerable witness)–
i
after paragraph 1 there shall be inserted the following:–
[or, 1. That [A.B.] was convicted of (specify) on (date)].
ii
in paragraph 2 after “trial” there shall be inserted the following:–
[or, proceedings under section 210C(7) of the Criminal Procedure (Scotland) Act 1995]
g
in Form 22.7 (notice of prohibition of personal conduct of defence in certain cases involving child witnesses)–
i
after “charged with” there shall be inserted “[or convicted of]”;
ii
after “trial” where it first appears there shall be inserted “or other proceedings before the Court”;
iii
after “tried for the offence” there shall be inserted “or there are proceedings under section 210C(7) of the Criminal Procedure (Scotland) Act 1995”; and
iv
in paragraph 3 after “the trial” there shall be inserted “[or proceedings under section 210C(7) of the Criminal Procedure (Scotland) Act 1995].
h
in Form 22.8-A (minute seeking prohibition of the personal conduct of defence)
i
after paragraph 1 there shall be inserted the following:–
[Or: 1. That on (date) the High Court of Justiciary sitting at (place) made a risk assessment order [or an interim compulsion order] in respect of [A.B.].]
ii
in paragraph 2 after “trial” there shall be inserted the following:–
[or, in any proceedings under section 210C(7) of the Criminal Procedure (Scotland) Act 1995]
iii
in paragraph 3 after “trial” in both places it appears there shall be inserted the following:–
[or, in any proceedings under section 210C(7) of the Criminal Procedure (Scotland) Act 1995]
iv
at the end of paragraph (b) there shall be inserted “[or, any proceedings under section 210C(7) of the Criminal Procedure (Scotland) Act 1995.].
i
in Form 22.8-B (form of notice to accused subject to a prohibition on personal conduct of defence)–
i
after the first paragraph there shall be inserted the following:–
[Or: You have intimated under section 210C(7) of the Criminal Procedure (Scotland) Act 1995 your objection to a report as to the risk your being at liberty presents to the safety of the public at large where a witness is [or you are] a vulnerable witness under section 271(1) of that Act]
ii
at the end of the second paragraph there shall be inserted the following:–
[or in those proceedings.]
iii
in paragraph (1) after “if you are tried for the offence” there shall be inserted “[or if there are proceedings under section 210C(7) of that Act]”; and
iv
in paragraph (3) after “the trial” there shall be inserted “or proceedings under section 210C(7) of the Criminal Procedure (Scotland) Act 1995”.
SCHEDULE
PART 1
PART 2
(This note is not part of the Act of Adjournal)