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Act of Adjournal (Criminal Procedure Rules) 1996

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  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Criminal Procedure Rules

  4. 3.Revocations

  5. Signature

    1. SCHEDULE 1

      POWERS UNDER AND BY VIRTUE OF WHICH THIS ACT OF ADJOURNAL IS MADE

    2. SCHEDULE 2

      CRIMINAL PROCEDURE RULES 1996

      1. PART I Preliminary and administration

        1. CHAPTER 1 CITATION, INTERPRETATION AND FORMS

          1. 1.1.Citation of these Rules

          2. 1.2.Interpretation

          3. 1.3.Forms

        2. CHAPTER 2 SERVICE OF DOCUMENTS

          1. 2.1.Service on Crown

          2. 2.2.Citation in solemn proceedings

          3. 2.3.General provisions for service

          4. 2.4.Service on witnesses

          5. 2.5.Service by post

          6. 2.6.Forms of execution of service

          7. 2.7.Proof of service furth of Scotland

        3. CHAPTER 3 COURT RECORDS

          1. 3.1.Books of Adjournal

          2. 3.2.Form of minuting in solemn proceedings

          3. 3.3.Interlocutors in High Court to be signed by clerk of court

          4. 3.4.Record copies of indictments etc. to be inserted in record books

          5. 3.5.Form of recording warrants for remission of sentences

          6. 3.6.Custody and transmission of records

      2. PART II General

        1. CHAPTER 4 BAIL

          1. 4.1.Application to alter address in bail order

        2. CHAPTER 5 JUDICIAL EXAMINATION

          1. 5.1.Procedure in examination

          2. 5.2.Record of examination

          3. 5.3.Verbatim record

          4. 5.4.Use of tape recorders

          5. 5.5.Questions by prosecutor

          6. 5.6.Rectification of errors in transcript

          7. 5.7.Alteration of time limits by sheriff

          8. 5.8.Postponement of trial diet by sheriff

          9. 5.9.Postponement of trial diet by High Court

          10. 5.10.Alteration of time limits by High Court

        3. CHAPTER 6 PROCEEDINGS INVOLVING CHILDREN

          1. 6.1.Interpretation of this Chapter

          2. 6.2.Application of summary procedure

          3. 6.3.Assistance for unrepresented child

          4. 6.4.Procedure in summary proceedings

          5. 6.5.Failure to comply with probation order

          6. 6.6.Separation of children at sittings

          7. 6.7.Restrictions on reports of proceedings involving children

        4. CHAPTER 7 MENTAL DISORDER

          1. 7.1.Application for interim hospital orders

      3. PART III Solemn proceedings

        1. CHAPTER 8 THE INDICTMENT

          1. 8.1.Appeals in relation to extension of time for trial

          2. 8.2.Citation of accused and witnesses

          3. 8.3.Notice of previous convictions

        2. CHAPTER 9 FIRST DIETS AND PRELIMINARY DIETS

          1. 9.1.Minute giving written notice

          2. 9.2.Intimation of minute

          3. 9.3.Procedure on lodging minute

          4. 9.4.Order for preliminary diet

          5. 9.5.Intimation of order for preliminary diet

          6. 9.6.Order for preliminary diet to be warrant for citation

          7. 9.7.Calling postponed diet

          8. 9.8.Warrant for conveyance and transmission

          9. 9.9.Abandonment of matter to be raised

          10. 9.10.Procedure at first diet or preliminary diet

          11. 9.11.Applications for leave to appeal

          12. 9.12.Note of appeal

          13. 9.13.Procedure on lodging note of appeal

          14. 9.14.Report of sheriff

          15. 9.15.Intimation of order postponing trial diet

          16. 9.16.Orders of appeal court

          17. 9.17.Abandonment of appeal

        3. CHAPTER 10 PLEA OF GUILTY

          1. 10.1.Procedure for plea of guilty

        4. CHAPTER 11 NOTICES BY ACCUSED IN RELATION TO DEFENCE

          1. 11.1.Notices of special defence etc.

          2. 11.2.Notices by accused of witnesses and productions

        5. CHAPTER 12 ALTERATION AND POSTPONEMENT OF SOLEMN TRIAL DIET

          1. 12.1.Alteration of trial diet

          2. 12.2.Applications for postponement of trial diet

          3. 12.3.Orders fixing diet for hearing of application to postpone trial diet

          4. 12.4.Calling of diet for hearing application

          5. 12.5.Orders relating to postponed trial diet

          6. 12.6.Notice fixing new trial diet

          7. 12.7.Record of proceedings under this Chapter

          8. 12.8.Joint applications without hearing

          9. 12.9.Calling of adjourned diet

          10. 12.10.Form of notice of diet where trial does not take place

        6. CHAPTER 13 SUMMONING OF JURORS

          1. 13.1.List of jurors

          2. 13.2.Citation of jurors

        7. CHAPTER 14 PROCEDURE AT TRIAL IN SOLEMN PROCEEDINGS

          1. 14.1.Recording of not guilty plea

          2. 14.2.Balloting of jurors

          3. 14.3.Form of oath or affirmation to jurors

          4. 14.4.Jurors chosen for one trial may continue to serve

          5. 14.5.Form of oath or affirmation to witnesses

          6. 14.6.Sheriff’s notes of evidence

          7. 14.7.Form of record of proceedings

          8. 14.8.Interruption of trial for other proceedings

          9. 14.9.Interruption of proceedings for conviction or sentence

          10. 14.10.Issue of extract convictions

        8. CHAPTER 15 APPEALS FROM SOLEMN PROCEEDINGS

          1. 15.1.Register and lists of appeals

          2. 15.2.Forms of appeal

          3. 15.3.Appeals against refusal of applications heard by single judge

          4. 15.4.Extension of time by Clerk of Justiciary

          5. 15.5.Intimation of appeal against sentence of death

          6. 15.6.Abandonment of appeals

          7. 15.7.Note of proceedings at trial

          8. 15.8.Clerk to give notice of date of hearing

          9. 15.9.Continuation of hearings

          10. 15.10.Note to be kept of appeal

          11. 15.11.Suspension of disqualification from driving pending appeal

          12. 15.12.Provisions supplemental to rule 15.11(3)

          13. 15.13.Suspension of disqualification etc. under section 121 of the Act of 1995

      4. PART IV Summary proceedings

        1. CHAPTER 16 COMPLAINTS

          1. 16.1.Form of complaints and related notices and forms

          2. 16.2.Signature of prosecutor

          3. 16.3.Effect of failure by prosecutor to comply with certain requirements

          4. 16.4.Further procedural forms

          5. 16.5.Form of certain warrants

          6. 16.6.Citation of witnesses

          7. 16.7.Applications for alteration of diets

        2. CHAPTER 17 SUMMARY PRE-TRIAL PROCEDURE

          1. 17.1.Appeals against extension of period of detention

        3. CHAPTER 18 PROCEDURE AT TRIAL IN SUMMARY PROCEEDINGS

          1. 18.1.Accused to plead personally and to receive intimation of diets

          2. 18.2.Form of oath or affirmation to witnesses

          3. 18.3.Warrant to apprehend witness who fails to appear

          4. 18.4.Record of proceedings to be written or printed

          5. 18.5.Interruption of proceedings after conviction

          6. 18.6.Detention in precincts of court

        4. CHAPTER 19 APPEALS FROM SUMMARY PROCEEDINGS

          1. 19.1.Appeals relating to preliminary pleas

          2. 19.2.Forms for appeals by stated case

          3. 19.3.Forms for appeals against sentence only

          4. 19.4.Extension of time for appeals

          5. 19.5.Abandonment of appeals by stated case

          6. 19.6.Abandoning appeals against conviction only

          7. 19.7.Abandonment of appeals against sentence only

          8. 19.8.Intimation of abandonment

          9. 19.9.Applications for suspension of disqualification from driving in appeals

          10. 19.10.Applications for suspension of disqualification from driving in bills of suspension

          11. 19.11.Solicitor entering appearance etc.

          12. 19.12.Duty to print stated case etc.

          13. 19.13.Duty of solicitor in bill of suspension

          14. 19.14.List of appeals

          15. 19.15.Diet for interim suspension

          16. 19.16.Intimation of determination of appeal

          17. 19.17.Suspension of disqualification etc. under section 193 of the Act of 1995

      5. PART V Sentencing

        1. CHAPTER 20 SENTENCING

          1. 20.1.Form of sentence of death

          2. 20.2.Detention in police custody instead of imprisonment

          3. 20.3.Form of supervised release orders

          4. 20.4.Application of money found on offender towards fine

          5. 20.5.Extension of time for payment of fine

          6. 20.6.Forms for enquiry for non-payment of fine

          7. 20.7.Supervision of payment of fine

          8. 20.8.Forms of warrant for execution and charge for payment of fine or other financial penalty

          9. 20.9.Transfer of fines

          10. 20.10.Probation orders

          11. 20.11.Form of supervised attendance orders

          12. 20.12.Community service orders

          13. 20.13.Terms of compensation orders to record of proceedings

          14. 20.14.Legal disability of person entitled to compensation

          15. 20.15.Variation of compensation orders

          16. 20.16.Discharge or reduction of compensation order

          17. 20.17.Use of certified copy documents in certain proceedings

          18. 20.18.Form of extract of sentence

          19. 20.19.Reduction of disqualification period for drink-drive offencers

      6. PART VI Evidence

        1. CHAPTER 21 UNCONTROVERSIAL EVIDENCE, HERESAY AND PRIOR STATEMENTS

          1. 21.1.Notice of uncontroversial evidence

          2. 21.2.Notice of challenge of evidence as uncontroversial

          3. 21.3.Notice of intention to have hearsay statement admitted

          4. 21.4.Authentication of certain prior statements of witnesses

        2. CHAPTER 22 EVIDENCE OF CHILDREN

          1. 22.1.Applications for evidence of children by television link

          2. 22.2.Orders and transfer of cases

        3. CHAPTER 23 LETTERS OF REQUEST

          1. 23.1.Applications for letters of request

          2. 23.2.Powers of court in applications

          3. 23.3.Expenses

          4. 23.4.Transmission of letters of request

          5. 23.5.Custody of documents

          6. 23.6.Prohibition of reference to evidence without leave

        4. CHAPTER 24 EVIDENCE ON COMMISSION

          1. 24.1.Applications to take evidence on commission

          2. 24.2.Appointment of commissioner

          3. 24.3.Expenses

          4. 24.4.The commission

          5. 24.5.Commissioner’s report

          6. 24.6.Custody of documents

          7. 24.7.Prohibition of reference to evidence without leave

        5. CHAPTER 25 RECORD OF JUDICIAL EXAMINATION AS EVIDENCE IN SOLEMN PROCEEDINGS

          1. 25.1.Use of transcript of judicial examination

        6. CHAPTER 26 DOCUMENTARY EVIDENCE

          1. 26.1.Authentication of copies of documents

        7. CHAPTER 27 ROUTINE EVIDENCE, SUFFICIENT EVIDENCE AND PROOF OF PREVIOUS CONVICTIONS

          1. 27.1.Notices in relation to use of autopsy and forensic science reports

          2. 27.2.Form of certificates in relation to certain evidence

          3. 27.3.Form of notice in relation to certain evidential certificates

      7. PART VII Miscellaneous procedures

        1. CHAPTER 28 IDENTIFICATION PARADES

          1. 28.1.Applications for identification parade

        2. CHAPTER 29 PRECOGNITION ON OATH OF DEFENCE WITNESSES

          1. 29.1.Applications for warrant to cite for precognition

          2. 29.2.Orders for taking precognition

          3. 29.3.Citation to attend for precognition

          4. 29.4.Record of proceedings

          5. 29.5.Fees of shorthand writer

        3. CHAPTER 30 PROCEEDINGS FOR THE EXECUTION OF IRISH WARRANTS

          1. 30.1.Interpretation of this Chapter

          2. 30.2.Form of endorsement

          3. 30.3.Procedure in applications for stated case under section 2A of the Act of 1965

          4. 30.4.Power of High Court to extend period of time

          5. 30.5.Notice of consent to early removal

          6. 30.6.Handing over of warrant of arrest

          7. 30.7.Certification of warrant

        4. CHAPTER 31 REFERENCES TO THE EUROPEAN COURT OF JUSTICE

          1. 31.1.Interpretation of this Chapter

          2. 31.2.Notice of references in solemn proceedings

          3. 31.3.Notice of references in summary proceedings

          4. 31.4.Proceedings on appeal etc.

          5. 31.5.Preparation of case for reference

          6. 31.6.Procedure on receipt of preliminary ruling

          7. 31.7.Appeals against references

        5. CHAPTER 32 ANNOYING CREATURES

          1. 32.1.Interpretation of this Chapter

          2. 32.2.Form of application to district court and service

        6. CHAPTER 33 LEGAL AID

          1. 33.1.Interpretation of this Chapter

          2. 33.2.Legal aid in High Court

          3. 33.3.Discontinuance of entitlement to legal aid

          4. 33.4.Statements on oath

          5. 33.5.Intimation of determination of High Court

        7. CHAPTER 34 EXTRADITION

          1. 34.1.Interpretation of this Chapter

          2. 34.2.Procedure in applications for stated case

          3. 34.3.Power of High Court to extend period of time

          4. 34.4.Applications to High Court for order for stated case

          5. 34.5.Notices of waiver of rights and consent

        8. CHAPTER 35 COMPUTER MISUSE ACT 1990

          1. 35.1.Notices in relation to relevance of external law

        9. CHAPTER 36 CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT 1990

          1. 36.1.Interpretation of this Chapter

          2. 36.2.Service of orders outside the United Kingdom

          3. 36.3.Proof of service outside the United Kingdom

          4. 36.4.Notice of applications for letters of request

          5. 36.5.Hearing of applications for letters of request

          6. 36.6.Court register of applications for letters of request

          7. 36.7.Letters of request in cases of urgency

          8. 36.8.Proceedings before a nominated court

          9. 36.9.Court record of proceedings before a nominated court

        10. CHAPTER 37 PROCEEDINGS UNDER THE PROCEEDS OF CRIME (SCOTLAND) ACT 1995

          1. 37.1.Orders to make material available

          2. 37.2.Discharge and variation of orders

          3. 37.3.Warrants to search premises

      8. APPENDIX

    3. SCHEDULE 3

      ACTS OF ADJOURNAL REVOKED

    4. Table of Deriviations

      (This Table is not part of the Act of Adjournal)

    5. Table of Destinations

      (This Table is not part of the Act of Adjournal)

  7. Explanatory Note

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