Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Proceedings etc. (Reform) (Scotland) Act 2007) 2008

Establishment of justice of the peace courts

2.—(1) For paragraph 2 of the Act of Adjournal (Criminal Procedure Rules) 1996(1) substitute–

“2.   Schedule 2 to this Act of Adjournal shall have effect for the purpose of providing rules of procedure in the High Court of Justiciary, in the sheriff court in the exercise of its criminal jurisdiction and in a justice of the peace court.”.

(2) In the Rules, for the words “district court”, “[district] court” and “district courts” wherever they appear in the following provisions, substitute “justice of the peace court”, “[justice of the peace] court” and “justice of the peace courts” respectively–

(a) rule 18.1(4);

(b) rule 32.2(1);

(c) rule 36.2(3);

(d) Forms 2.6-B, 2.6-BA(2), 2.6D, 2.6-EA(3), 2.6-EB(4), 2.6-EC(5), 2.6-ED(6), 2.6-EE(7), 2.6-EF(8), 2.6-EG(9), 2.6-EH, 2.6-F, A4.1(10), 16.1-A, 16.1-BB(11), 16.4-C(12), 16.6-A, 16.6-C, 16.6-D, 16.7, 17.1, 19.1-A, 19.2-A(13), 19.2-B, 19.3-A(14), 19.4, 19.5, 19.7, 19.9, 20.3-B(15), 20.3-C(16), 20.6-A, 20.6-B, 20.6-C, 20.8, 20.9-A, 20.9-B, 20.9-C, 20.10-B(17), 20.10-C(18), 20.10B, 20.11-C(19), 20.11-D(20), 20.12-B(21), 20.12A-B(22), 20.12A-C(23), 20.12A-D(24), 20.12B-B(25), 20.12B-C(26), 20.12C-B(27), 20.12C-C(28), 20.18-B, 20.19-A, 20.19-B, 21.1-A, 21.3, 21.5(29), 27.3, 28.1-B, 28.2, 29.1-B(30), 31.5, 31.7, 32.2, 36.2(31), 38(32), 40.3A(33), 40.3A-A(34), 40.3B(35), 40.4A(36), 40.4A-A(37), 40.4B(38), 40.7(39), 40.12(40), 46.2(41), 51.4(42) and 51.6(43).

(3) The references in the Act of Adjournal (Criminal Procedure Rules) 1996 to “justice of the peace court”, “[justice of the peace] court” and “justice of the peace courts” include, so far as still relevant, “district court”, “[district] court” and “district courts” respectively.

(4) Subject to subparagraph (5), subparagraph (3) ceases to apply at such time as there cease to be any district courts.

(5) Subparagraph (3) continues to apply after the time mentioned in subparagraph (4) in so far as necessary for the purposes of any appeal from a district court.

(1)

S.I. 1996/513, last amended by S.S.I. 2007/511.

(2)

Form 2.6-BA was inserted by S.S.I. 2003/468.

(3)

Form 2.6-EA was substituted by S.S.I. 2003/468.

(4)

Form 2.6-EB was inserted by S.S.I. 2003/468.

(5)

Form 2.6-EC was inserted by S.S.I. 2003/468.

(6)

Form 2.6-ED was inserted by S.S.I. 2003/468.

(7)

Form 2.6-EE was inserted by S.S.I. 2003/468.

(8)

Form 2.6-EF was inserted by S.S.I. 2003/468.

(9)

Form 2.6-EG was inserted by S.S.I. 2005/160.

(10)

Form A4.1 was inserted by S.S.I. 2007/511.

(11)

Form 16.1-BB was inserted by S.S.I. 2003/468.

(12)

Form 16.4-C was amended by S.S.I. 2002/454.

(13)

Form 19.2-A was amended by S.I. 1997/1834.

(14)

Form 19.3-A was amended by S.I. 1997/1834.

(15)

Form 20.3-B was inserted by S.S.I. 2003/468.

(16)

Form 20.3-C was inserted by S.S.I. 2003/468.

(17)

Form 20.10-B was amended by S.S.I. 2003/468.

(18)

Form 20.10-C was inserted by S.S.I. 2003/468.

(19)

Form 20.11-C was inserted by S.S.I. 2003/468.

(20)

Form 20.11-D was inserted by S.S.I. 2003/468.

(21)

Form 20.12-B was substituted by S.S.I. 2003/468.

(22)

Form 20.12A-B was inserted by S.I. 1998/1842 and amended by S.S.I. 2003/468.

(23)

Form 20.12A-C was inserted by S.I. 1998/1842 and amended by S.S.I. 2003/468.

(24)

Form 20.12A-D was inserted by S.I. 1998/1842 and amended by S.S.I. 2003/468.

(25)

Form 20.12B-B was inserted by S.S.I. 2003/468.

(26)

Form 20.12B-C was inserted by S.S.I. 2003/468.

(27)

Form 20.12C-B was inserted by S.S.I. 2005/160.

(28)

Form 20.12C-C was inserted by S.S.I. 2005/160.

(29)

Form 21.5 was inserted by S.S.I. 2002/454 and amended by S.S.I. 2006/302.

(30)

Form 29.1-B was amended by S.S.I. 2005/188.

(31)

Form 36.2 was inserted by S.S.I. 2004/195.

(32)

Form 38 was inserted by S.I. 1997/1834.

(33)

Form 40.3A was inserted by S.I. 1999/1346 and amended by S.S.I. 2007/361.

(34)

Form 40.3A-A was inserted by S.S.I. 2007/361.

(35)

Form 40.3B was inserted by S.I. 1999/1346.

(36)

Form 40.4A was inserted by S.S.I. 2007/361.

(37)

Form 40.4A-A was inserted by S.S.I. 2007/361

(38)

Form 40.4B was inserted by S.I. 1999/1346.

(39)

Form 40.7 was inserted by S.S.I. 2007/361.

(40)

Form 40.12 was inserted by S.I. 1999/1346.

(41)

Form 46.2 was inserted by S.S.I. 2004/206.

(42)

Form 51.4 was inserted by S.S.I. 2007/238.

(43)

Form 51.6 was inserted by S.S.I. 2007/238.