Act of Adjournal (Criminal Procedure Rules Amendment No.4) (Devolution Issues) 2009

Amendment of the Criminal Procedure Rules 1996: devolution issues

2.—(1) In rule 40.1(1) (interpretation)(1) the definition of “the Judicial Committee” is omitted.

(2) In paragraph (1) of rule 40.8 (orders pending determination of devolution issue) for “Judicial Committee” substitute “Supreme Court” in both places where that expression appears.

(3) In rule 40.9 (reference of devolution issue to Judicial Committee)(2)—

(a) in each of paragraphs (1)(a) and (b) for “Judicial Committee” substitute “Supreme Court”;

(b) in paragraph (3)—

(i) for “Rule 2.9 of the Judicial Committee (Devolution Issues) Rules 1999” substitute “Practice Direction 10 of the Supreme Court”; and

(ii) in subparagraph (b), for “Judicial Committee” substitute “Supreme Court”.

(4) The heading of rule 40.9 becomes “Reference of devolution issue to Supreme Court”.

(5) In paragraph (1) of rule 40.10 (procedure on receipt of determination of devolution issue) for “Judicial Committee” substitute “Supreme Court”.

(6) In rule 40.11 (procedure following disposal of appeal by Judicial Committee(3) for “Judicial Committee” substitute “Supreme Court”.

(7) The heading before rule 40.11 becomes “Procedure following disposal of appeal by Supreme Court”.

(1)

Chapter 40 was inserted by S.I. 1999/1346. Rule 40.1 was amended by S.S.I. 2007/361.

(2)

Rule 40.9 was amended by S.S.I. 2007/361.

(3)

Rule 40.11 was inserted by S.S.I. 2007/361.