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(This note is not part of the Act of Adjournal)
This Act of Adjournal amends the Criminal Procedure Rules 1996.
Paragraph 2 amends rule 8.1 (appeals in relation to extension of time) in solemn proceedings to provide that where the judge’s or sheriff’s report is not included in the papers sent to the Clerk of Justiciary, the Clerk of Justiciary shall request the report from the clerk of the court against the decision of which the appeal is taken.
Paragraph 3 amends rule 9.6(2) (note of appeal) in consequence of the amendment of section 74 of the Criminal Procedure (Scotland) Act 1995 by section 72 of the Criminal Justice and Licensing (Scotland) Act 2010.
Paragraph 4 amends rule 17.1 (appeals against extension of period of detention) in summary proceedings to provide that where the sheriff’s report is not included in the papers sent to the Clerk of Justiciary, the Clerk of Justiciary shall request the report from the clerk of court against the decision of which the appeal is taken.
Paragraph 5 amends rule 19.1(5) (appeals relating to preliminary pleas) in consequence of the amendment of section 174 of the Criminal Procedure (Scotland) Act 1995 by section 72 of the Criminal Justice and Licensing (Scotland) Act 2010.
Paragraph 6 inserts new rule 34.2A into Chapter 34 (extradition) to provide that the sheriff (of Lothian and Borders) may fix a procedural hearing for the purposes of determining whether parties are ready to proceed to the extradition hearing.
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