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Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Procedural Hearings in Appeals from Solemn Proceedings) 2012
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Scottish Statutory Instruments
2012 No. 300
High Court Of Justiciary
Sheriff Court
Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Procedural Hearings in Appeals from Solemn Proceedings) 2012
Made
6th November 2012
Laid before the Scottish Parliament
8th November 2012
Coming into force
10th December 2012
The Lord Justice General, the Lord Justice Clerk and Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section 305 of the Criminal Procedure (Scotland) Act 1995(1) and of all other powers enabling them in that behalf do hereby enact and declare:
Citation, commencement etc.
1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Procedural Hearings in Appeals from Solemn Proceedings) 2012 and comes into force on 10th December 2012.
(2) A certified copy of this Act of Adjournal is to be inserted in the Books of Adjournal.
Procedural hearings in Appeals from Solemn Proceedings
2.—(1) The Criminal Procedure Rules 1996(2) are amended in accordance with the following subparagraph.
(2) In rule 15.5A(1) (Procedural hearing)(3), omit “against conviction or conviction and sentence,”.
BRIAN GILL
Lord Justice General
I.P.D.
Edinburgh
6th November 2012
EXPLANATORY NOTE
(This note is not part of the Act of Adjournal)
This Act of Adjournal amends the Criminal Procedure Rules 1996. Paragraph 2 amends rule 15.5A(1) to allow for a procedural hearing to be fixed in all appeals from solemn proceedings, including those against sentence only.
(1)
(2)
The Criminal Procedure Rules 1996 are contained in Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513), last amended by S.S.I. 2012/187.
(3)
Rule 15.5A was inserted by S.S.I. 2002/387 and amended by S.S.I. 2010/309.
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