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

Explanatory Note

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

This Act of Adjournal amends the Act of Adjournal (Criminal Procedure Rules) 1996 in consequence of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6).

Paragraph 2 makes amendments in consequence of the establishment of justice of the peace courts. It replaces references to district courts with references to justice of the peace courts and provides that, while district courts are still in existence, references to justice of the peace courts are to be read as references to district courts, where relevant.

Paragraph 3 inserts new rule 17.A1 providing a form for a joint or individual written applications for extension of the period of detention under section 147 of the Criminal Procedure (Scotland) Act 1995 (“1995 Act”) and providing that such applications should be intimated to the other parties. Applications may also be made orally in court.

Paragraph 4 inserts new rules for dealing with obstructive witnesses:

(a) rule 18.3 replaces the existing rule and provides a form of application for a warrant to apprehend obstructive witnesses and a form of warrant;

(b) rule 18.3A(1) provides a form of application for review by a witness liberated on bail under a court order made under section 156A of the 1995 Act;

(c) rule 18.3B provides a form of citation of a witness under section 156C(5);

(d) rule 18.3C provides a form of appeal to the High Court by a witness, prosecutor or accused against an order made under section 156A of the 1995 Act.

Paragraph 5 inserts new rules relating to fines enforcement:

(a) rule 20.9A provides a form of enforcement order, which includes warrant for civil diligence;

(b) rule 20.9B makes provision for the form of application for an order for sale or disposal of a vehicle and the form of any objections by the offender;

(c) rule 20.9C makes provision for an application to the sheriff by a person claiming to own a vehicle that is subject to a vehicle seizure order under section 226D of the 1995 Act;

(d) rule 20.9D makes provision for an offender to make an application for review of certain actions of a fines enforcement officer.

Paragraph 6 inserts a new Chapter 53 into the Rules. Rule 53.1 makes provision for an application for review of the decision of the clerk of court in relation to a request by an offender to recall a fixed penalty or compensation offer that was deemed to be accepted.