Act of Adjournal (Criminal Procedure Rules 1996 and Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015 Amendment) (Miscellaneous) 2015

Amendment of Chapter 22 of the Criminal Procedure Rules 1996

4.—(1) Chapter 22 (evidence of vulnerable witnesses) of the Criminal Procedure Rules 1996(1) is amended in accordance with this paragraph.

(2) For rule 22.1 (child witness notice), substitute—

“Vulnerable witness notice: non-standard special measures

22.1.   Where a vulnerable witness notice under section 271A(2) of the Act of 1995 (vulnerable witness notice)—

(a) specifies a special measure other than a standard special measure; or

(b) seeks an order authorising the giving of evidence by the witness without the benefit of any special measure,

it shall be in Form 22.1 and shall be lodged with the clerk of court.”.

(3) After rule 22.1, insert—

“Vulnerable witness notice: standard special measures

22.1ZA.   Where a vulnerable witness notice under section 271A(2) of the Act of 1995 (vulnerable witness notice) specifies only a standard special measure, it shall be in Form 22.1ZA and shall be lodged with the clerk of court.”.

(4) In rule 22.2 (procedure on lodging child witness notice or vulnerable witness application)(2)—

(a) in paragraph (1), for “rule 22.1 (child witness notice)” substitute “rule 22.1 (vulnerable witness notice: non-standard special measures) or rule 22.1ZA (vulnerable witness notice: standard special measures)”;

(b) in paragraph (2), for “child witness notice” substitute “vulnerable witness notice”;

(c) the heading of rule 22.2 becomes “Procedure on lodging vulnerable witness notice or vulnerable witness application”.

(5) After rule 22.2, insert—

“Objections to special measures

22.2A.— (1) An objection notice under section 271A(4A) or 271C(4A) of the Act of 1995 (objections to special measures) shall be in Form 22.2A and shall be lodged with the clerk of court.

(2) On receipt of an objection notice mentioned in paragraph (1)—

(a) the clerk of court shall endorse the time and date on which it is received;

(b) the court shall make an order under section 271A(5A) or 271C(5A) of the Act of 1995; and

(c) the court shall order intimation of the hearing to be made to the parties.

(3) The party that lodges the objection notice shall lodge a certificate of intimation with the clerk of court—

(a) within 7 days after lodging the notice; or

(b) where a diet mentioned in paragraph (4) has been fixed, at least 2 days before that diet,

whichever is earlier.

(4) The diets are—

(a) a first diet;

(b) a preliminary hearing; or

(c) a diet appointed in terms of section 271A(5A)(c) or 271C(5A)(c) of the Act of 1995.”.

(6) In rule 22.3(1)(c) (intimation of an order under section 271A), for “child witness notice” substitute “vulnerable witness notice”.

(7) In rule 22.7 (notice of prohibition of personal conduct of defence), for “child witness notice” substitute “vulnerable witness notice”.

(1)

Chapter 22 was substituted by S.S.I. 2005/118 and last amended by S.S.I. 2006/76.

(2)

Rule 22.2 was substituted by S.S.I. 2006/76.