Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Non-harassment order) 1997

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No.2)(Non-harassment order) 1997 and shall come into force on 16th June 1997.

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

Form of non-harassment order.

2.—(1) The Criminal Procedure Rules 1996 (1) shall be amended as follows.

(2) In Chapter 20 (sentencing), after rule 20.10 insert–

“Form and notification of non-harassment order

20.10A.— (1) A non-harassment order made under section 234A of the Act of 1995 shall be in Form 20.10A.

(2) A non-harassment order mentioned in paragraph (1) above shall be intimated by the clerk of the court by which it is made to any person, other than the offender, who is named in the order.

Variation or revocation of non-harassment order

20.10B.— (1) This rule applies to an application under section 234(6) of the Act of 1995 (application for variation or revocation of non-harassment order).

(2) In this rule–

“the offender” means the offender subject to the order to which the application relates; and

“the prosecutor” means the prosecutor at whose instance the order was made.

(3) The application shall–

(a) identify the proceedings in which the order was made;

(b) state the reasons for which the applicant seeks the variation or revocation of the order;

(c) be, as nearly as may be, in Form 20.10B.

(4) The applicant shall serve a copy of the application on–

(a) the clerk of the court which made the order;

(b) any person, other than the offender, who is named in the order; and

(c) where the applicant is–

(i) the offender, the prosecutor; and

(ii) the prosecutor, the offender,

but the application may proceed notwithstanding that, having taken reasonable steps to do so, the applicant has been unable to effect service of it on the offender or any person such as is mentioned in subparagraph (b) above.

(5) Where the offender is the applicant, the prosecutor shall, within fourteen days of the receipt of the copy of the application, notify the clerk of court in writing whether he intends to oppose the application.

(6) Where the prosecutor is the applicant, the offender shall, within fourteen days of receipt of the copy of the application, notify the clerk of court in writing whether he intends to oppose the application.

(7) Where a person notifies the clerk of court under paragraph (5) or (6) above that he does not intend to oppose the application, or fails to make any notification, the court shall proceed to dispose of the application and may do so in the absence of the applicant.

(8) Where a person notifies the clerk of court under paragraph (5) or (6) above that he does intend to oppose the application, the clerk of court shall arrange a hearing before the court at which the prosecutor and the offender may appear or be represented.

(9) The clerk of court shall give notice in writing of the decision of the court on the application to–

(a) the applicant;

(b) any person served with a copy of the application under sub-paragraph (b) or (c) of paragraph (4) above.”.

(3) In the appendix, after Form 20.10 – B, insert forms 20.10A and 20.10B in the Schedule to this Act of Adjournal.

Rodger of Earlsferry

Lord Justice General, I.P.D.

Edinburgh,

12th June 1997