Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Electronic Monitoring) 2022

Amendment of the Criminal Procedure Rules 1996

2.—(1) The Criminal Procedure Rules 1996(1) are amended in accordance with this paragraph.

(2) After Chapter 70 (Challenges to Validity of EU Instruments (EU Exit))(2), insert—

“CHAPTER 71 ELECTRONIC MONITORING REQUIREMENT UNDER THE MANAGEMENT OF OFFENDERS (SCOTLAND) ACT 2019

71.1.   An order making a requirement under section 1(1) of the Management of Offenders (Scotland) Act 2019 is made in Form 71.1.”.

(3) In the appendix—

(a) in Form 20.12A-A (restriction of liberty order)(3) for the two paragraphs which appear immediately before “(Signed)”, where it first appears, substitute—

“[ORDERS that the offender comply with the electronic monitoring requirement in respect of (state the aspects of the disposal specified by the court) under the Management of Offenders (Scotland) Act 2019 as set out in the attached Form 71.1.]”;

(b) in Form 20.12B-A (form of drug treatment and testing order made under section 234B of the Criminal Procedure (Scotland) Act 1995)(4) for paragraph (vii), substitute—

“(vii) (to comply with the electronic monitoring requirement in respect of (state the aspects of the disposal specified by the court) under the Management of Offenders (Scotland) Act 2019 as set out in the attached Form 71.1);

(viii) (any additional requirement)”;

(c) in Form 20.22-A (form of community payback order under section 227A [or 227M] of the Criminal Procedure (Scotland) Act 1995)(5) after “or any other educational establishment”, insert—

“[AND requires the offender to comply with the electronic monitoring requirement in respect of (state the aspects of disposal specified by the court) under the Management of Offenders (Scotland) Act 2019 as set out in the attached Form 71.1]”; and

(d) after Form 70.3-A (form of notice to court under regulation 6 of the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019)(6), insert Form 71.1 as set out in the schedule of this Act of Adjournal.

(1)

The Criminal Procedure Rules 1996 are in schedule 2 of the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513), last amended by S.S.I. 2021/316.

(2)

Chapter 70 was inserted by S.S.I. 2019/330.

(3)

Form 20.12A-A was inserted by S.I. 1998/1842 and last amended by S.S.I. 2004/434.

(4)

Form 20.12B-A was inserted by S.S.I. 1999/191 and re-numbered by S.S.I. 2003/468.

(5)

Form 20.22-A was inserted by S.S.I. 2010/418 and substituted by S.S.I. 2011/21.

(6)

Form 70.3-A was inserted by S.S.I. 2019/330.