Act of Adjournal (Criminal Procedure Rules) 1996
1Citation and commencement
2Criminal Procedure Rules
3Revocations
SCHEDULE 1POWERS UNDER AND BY VIRTUE OF WHICH THIS ACT OF ADJOURNAL IS MADE
SCHEDULE 2CRIMINAL PROCEDURE RULES 1996
PART IPreliminary and administration
CHAPTER 1CITATION, INTERPRETATION AND FORMS
1.1Citation of these Rules
1.2Interpretation
1.3Forms
CHAPTER 2SERVICE OF DOCUMENTS
2.1Service on Crown
2.2Citation in solemn proceedings
2.3General provisions for service
2.4Service on witnesses
2.5Service by post
2.6Forms of execution of service
2.7Proof of service furth of Scotland
CHAPTER 3COURT RECORDS
3.1Books of Adjournal
3.2Form of minuting in solemn proceedings
3.3Interlocutors in High Court to be signed by clerk of court
3.4Record copies of indictments etc. to be inserted in record books
3.5Form of recording warrants for remission of sentences
3.6Custody and transmission of records
PART IIGeneral
CHAPTER 4BAIL
4.1Application to alter address in bail order
CHAPTER 5JUDICIAL EXAMINATION
5.1Procedure in examination
5.2Record of examination
5.3Verbatim record
5.4Use of tape recorders
5.5Questions by prosecutor
5.6Rectification of errors in transcript
5.7Alteration of time limits by sheriff
5.8Postponement of trial diet by sheriff
5.9Postponement of trial diet by High Court
5.10Alteration of time limits by High Court
CHAPTER 6PROCEEDINGS INVOLVING CHILDREN
6.1Interpretation of this Chapter
6.2Application of summary procedure
6.3Assistance for unrepresented child
6.4Procedure in summary proceedings
6.5Failure to comply with probation order
6.6Separation of children at sittings
6.7Restrictions on reports of proceedings involving children
CHAPTER 7MENTAL DISORDER
7.1Application for interim hospital orders
PART IIISolemn proceedings
CHAPTER 8THE INDICTMENT
8.1Appeals in relation to extension of time for trial
8.2Citation of accused and witnesses
8.3Notice of previous convictions
CHAPTER 9FIRST DIETS AND PRELIMINARY DIETS
9.1Minute giving written notice
9.2Intimation of minute
9.3Procedure on lodging minute
9.4Order for preliminary diet
9.5Intimation of order for preliminary diet
9.6Order for preliminary diet to be warrant for citation
9.7Calling postponed diet
9.8Warrant for conveyance and transmission
9.9Abandonment of matter to be raised
9.10Procedure at first diet or preliminary diet
9.11Applications for leave to appeal
9.12Note of appeal
9.13Procedure on lodging note of appeal
9.14Report of sheriff
9.15Intimation of order postponing trial diet
9.16Orders of appeal court
9.17Abandonment of appeal
CHAPTER 10PLEA OF GUILTY
10.1Procedure for plea of guilty
CHAPTER 11NOTICES BY ACCUSED IN RELATION TO DEFENCE
11.1Notices of special defence etc.
11.2Notices by accused of witnesses and productions
CHAPTER 12ALTERATION AND POSTPONEMENT OF SOLEMN TRIAL DIET
12.1Alteration of trial diet
12.2Applications for postponement of trial diet
12.3Orders fixing diet for hearing of application to postpone trial diet
12.4Calling of diet for hearing application
12.5Orders relating to postponed trial diet
12.6Notice fixing new trial diet
12.7Record of proceedings under this Chapter
12.8Joint applications without hearing
12.9Calling of adjourned diet
12.10Form of notice of diet where trial does not take place
CHAPTER 13SUMMONING OF JURORS
13.1List of jurors
13.2Citation of jurors
CHAPTER 14PROCEDURE AT TRIAL IN SOLEMN PROCEEDINGS
14.1Recording of not guilty plea
14.2Balloting of jurors
14.3Form of oath or affirmation to jurors
14.4Jurors chosen for one trial may continue to serve
14.5Form of oath or affirmation to witnesses
14.6Sheriff’s notes of evidence
14.7Form of record of proceedings
14.8Interruption of trial for other proceedings
14.9Interruption of proceedings for conviction or sentence
14.10Issue of extract convictions
CHAPTER 15APPEALS FROM SOLEMN PROCEEDINGS
15.1Register and lists of appeals
15.2Forms of appeal
15.3Appeals against refusal of applications heard by single judge
15.4Extension of time by Clerk of Justiciary
15.5Intimation of appeal against sentence of death
15.6Abandonment of appeals
15.7Note of proceedings at trial
15.8Clerk to give notice of date of hearing
15.9Continuation of hearings
15.10Note to be kept of appeal
15.11Suspension of disqualification from driving pending appeal
15.12Provisions supplemental to rule 15.11(3)
15.13Suspension of disqualification etc. under section 121 of the Act of 1995
PART IVSummary proceedings
CHAPTER 16COMPLAINTS
16.1Form of complaints and related notices and forms
16.2Signature of prosecutor
16.3Effect of failure by prosecutor to comply with certain requirements
16.4Further procedural forms
16.5Form of certain warrants
16.6Citation of witnesses
16.7Applications for alteration of diets
CHAPTER 17SUMMARY PRE-TRIAL PROCEDURE
17.1Appeals against extension of period of detention
CHAPTER 18PROCEDURE AT TRIAL IN SUMMARY PROCEEDINGS
18.1Accused to plead personally and to receive intimation of diets
18.2Form of oath or affirmation to witnesses
18.3Warrant to apprehend witness who fails to appear
18.4Record of proceedings to be written or printed
18.5Interruption of proceedings after conviction
18.6Detention in precincts of court
CHAPTER 19APPEALS FROM SUMMARY PROCEEDINGS
19.1Appeals relating to preliminary pleas
19.2Forms for appeals by stated case
19.3Forms for appeals against sentence only
19.4Extension of time for appeals
19.5Abandonment of appeals by stated case
19.6Abandoning appeals against conviction only
19.7Abandonment of appeals against sentence only
19.8Intimation of abandonment
19.9Applications for suspension of disqualification from driving in appeals
19.10Applications for suspension of disqualification from driving in bills of suspension
19.11Solicitor entering appearance etc.
19.12Duty to print stated case etc.
19.13Duty of solicitor in bill of suspension
19.14List of appeals
19.15Diet for interim suspension
19.16Intimation of determination of appeal
19.17Suspension of disqualification etc. under section 193 of the Act of 1995
PART VSentencing
CHAPTER 20SENTENCING
20.1Form of sentence of death
20.2Detention in police custody instead of imprisonment
20.3Form of supervised release orders
20.4Application of money found on offender towards fine
20.5Extension of time for payment of fine
20.6Forms for enquiry for non-payment of fine
20.7Supervision of payment of fine
20.8Forms of warrant for execution and charge for payment of fine or other financial penalty
20.9Transfer of fines
20.10Probation orders
20.11Form of supervised attendance orders
20.12Community service orders
20.13Terms of compensation orders to record of proceedings
20.14Legal disability of person entitled to compensation
20.15Variation of compensation orders
20.16Discharge or reduction of compensation order
20.17Use of certified copy documents in certain proceedings
20.18Form of extract of sentence
20.19Reduction of disqualification period for drink-drive offencers
PART VIEvidence
CHAPTER 21UNCONTROVERSIAL EVIDENCE, HERESAY AND PRIOR STATEMENTS
21.1Notice of uncontroversial evidence
21.2Notice of challenge of evidence as uncontroversial
21.3Notice of intention to have hearsay statement admitted
21.4Authentication of certain prior statements of witnesses
CHAPTER 22EVIDENCE OF CHILDREN
22.1Applications for evidence of children by television link
22.2Orders and transfer of cases
CHAPTER 23LETTERS OF REQUEST
23.1Applications for letters of request
23.2Powers of court in applications
23.3Expenses
23.4Transmission of letters of request
23.5Custody of documents
23.6Prohibition of reference to evidence without leave
CHAPTER 24EVIDENCE ON COMMISSION
24.1Applications to take evidence on commission
24.2Appointment of commissioner
24.3Expenses
24.4The commission
24.5Commissioner’s report
24.6Custody of documents
24.7Prohibition of reference to evidence without leave
CHAPTER 25RECORD OF JUDICIAL EXAMINATION AS EVIDENCE IN SOLEMN PROCEEDINGS
25.1Use of transcript of judicial examination
CHAPTER 26DOCUMENTARY EVIDENCE
26.1Authentication of copies of documents
CHAPTER 27ROUTINE EVIDENCE, SUFFICIENT EVIDENCE AND PROOF OF PREVIOUS CONVICTIONS
27.1Notices in relation to use of autopsy and forensic science reports
27.2Form of certificates in relation to certain evidence
27.3Form of notice in relation to certain evidential certificates
PART VIIMiscellaneous procedures
CHAPTER 28IDENTIFICATION PARADES
28.1Applications for identification parade
CHAPTER 29PRECOGNITION ON OATH OF DEFENCE WITNESSES
29.1Applications for warrant to cite for precognition
29.2Orders for taking precognition
29.3Citation to attend for precognition
29.4Record of proceedings
29.5Fees of shorthand writer
CHAPTER 30PROCEEDINGS FOR THE EXECUTION OF IRISH WARRANTS
30.1Interpretation of this Chapter
30.2Form of endorsement
30.3Procedure in applications for stated case under section 2A of the Act of 1965
30.4Power of High Court to extend period of time
30.5Notice of consent to early removal
30.6Handing over of warrant of arrest
30.7Certification of warrant
CHAPTER 31REFERENCES TO THE EUROPEAN COURT OF JUSTICE
31.1Interpretation of this Chapter
31.2Notice of references in solemn proceedings
31.3Notice of references in summary proceedings
31.4Proceedings on appeal etc.
31.5Preparation of case for reference
31.6Procedure on receipt of preliminary ruling
31.7Appeals against references
CHAPTER 32ANNOYING CREATURES
32.1Interpretation of this Chapter
32.2Form of application to district court and service
CHAPTER 33LEGAL AID
33.1Interpretation of this Chapter
33.2Legal aid in High Court
33.3Discontinuance of entitlement to legal aid
33.4Statements on oath
33.5Intimation of determination of High Court
CHAPTER 34EXTRADITION
34.1Interpretation of this Chapter
34.2Procedure in applications for stated case
34.3Power of High Court to extend period of time
34.4Applications to High Court for order for stated case
34.5Notices of waiver of rights and consent
CHAPTER 35COMPUTER MISUSE ACT 1990
35.1Notices in relation to relevance of external law
CHAPTER 36CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT 1990
36.1Interpretation of this Chapter
36.2Service of orders outside the United Kingdom
36.3Proof of service outside the United Kingdom
36.4Notice of applications for letters of request
36.5Hearing of applications for letters of request
36.6Court register of applications for letters of request
36.7Letters of request in cases of urgency
36.8Proceedings before a nominated court
36.9Court record of proceedings before a nominated court
CHAPTER 37PROCEEDINGS UNDER THE PROCEEDS OF CRIME (SCOTLAND) ACT 1995
37.1Orders to make material available
37.2Discharge and variation of orders
37.3Warrants to search premises
APPENDIX
SCHEDULE 3ACTS OF ADJOURNAL REVOKED
Table of Deriviations(This Table is not part of the Act of Adjournal)
Table of Destinations(This Table is not part of the Act of Adjournal)

1996 No. 513 (S.47)

HIGH COURT OF JUSTICIARY, SCOTLAND
SHERIFF COURT, SCOTLAND
SUMMARY JURISDICTION, SCOTLAND

Act of Adjournal (Criminal Procedure Rules) 1996

Made

Coming into force

The Lord Justice General, Lord Justice-Clerk and Lords Commissioners of Justiciary under and by virtue of the powers conferred on them by section 305 of the Criminal Procedure (Scotland) Act 19951, the provisions specified in Schedule 1 to this Act of Adjournal and of all other powers enabling them in that behalf, do hereby enact and declare: