Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 3) (Supervision Default Orders) 2016

Amendment of the Criminal Procedure Rules 1996

2.—(1) The Criminal Procedure Rules 1996(1) are amended in accordance with this paragraph.

(2) In rule 2.3 (general provisions for service)(2), after paragraph (1) insert—

“(1A) The citation of a person to appear before the sheriff under an enactment mentioned in paragraph (1B) is to be effected in the same manner, with the necessary modifications, as the citation of an accused in summary proceedings under section 141 of the Act of 1995 (manner of citation), but—

(a) the citation is to be signed by the sheriff clerk instead of the prosecutor;

(b) the forms relating to the citation of an accused do not apply to such a citation.

(1B) The enactments are—

(a) section 256AC(1)(a) of;

(b) section 256C(1)(a) of; and

(c) paragraph 8(1)(a) of schedule 19A of,

the Criminal Justice Act 2003(3), as applied by paragraph 8(2) or (4) of schedule 1 of the Crime (Sentences) Act 1997(4).”.

(3) In rule 2.6(5) (forms of execution of service)(5), after subparagraph (j) insert—

“(k) rule 20.23(4) (supervision default orders: failure to comply) shall be in Form 2.6–EK;

(l) rule 20.23(5) (supervision default orders: hearing of application to amend or vary) shall be in Form 2.6–EL.”.

(4) After rule 20.22 (community payback orders)(6), insert—

“Supervision default orders

20.23.— (1) This rule applies where paragraph 8(2) or (4) of schedule 1 to the Crime (Sentences) Act 1997 (restricted transfers from England and Wales to Scotland) applies to a transfer to Scotland.

(2) A supervision default order made under section 256AC(1)(a) of the 2003 Act (breach of supervision requirements) is to be in Form 20.23–A.

(3) An application under paragraph 10(1) of schedule 19A of the 2003 Act (amendment or revocation of supervision default order) is to be in Form 20.23–B.

(4) The citation of an offender to appear before the sheriff under the following enactments is to be in Form 20.23–C—

(a) section 256AC(1)(a) of the 2003 Act;

(b) section 256C(1)(a) of the 2003 Act;

(c) paragraph 8(1)(a) of schedule 19A of the 2003 Act.

(5) The citation of an offender to appear before the sheriff under paragraph 10(5) of schedule 19A of the 2003 Act (amendment or revocation of supervision default order: hearing) is to be in Form 20.23–D.

(6) In this rule, “the 2003 Act” means the Criminal Justice Act 2003(7).”.

(5) In the Appendix—

(a) after Form 2.6–EJ (form of execution of citation of offender under section 227Z(13) of the Criminal Procedure (Scotland) Act 1995)(8), insert Forms 2.6–EK and 2.6–EL set out in Part 1 of the schedule of this Act of Adjournal;

(b) after Form 20.22–E (form of citation of offender under section 227Z(13) of the Criminal Procedure (Scotland) Act 1995)(9) insert Forms 20.23–A, 20.23–B, 20.23–C and 20.23–D set out in Part 2 of the schedule of this Act of Adjournal.

(1)

The Criminal Procedure Rules 1996 are in schedule 2 of the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2016/201).

(2)

Rule 2.3 was last amended by S.S.I. 2004/434.

(3)

2003 c. 44. Section 256AC was added, and section 256C amended, by the Offender Rehabilitation Act 2014 (2014 c. 11).

(4)

1997 c.43. Paragraph 8(2) and (4) of schedule 1 of the Crime Sentences Act 1997 was amended by the Crime and Disorder Act 1998 (1998 c.37), schedule 8, paragraph 135(3); the Powers of Criminal Courts (Sentencing) Act 2000 (2000 c.6), schedule 9, paragraph 186(3); the Criminal Justice Act 2003 (2003 c.44), schedule 32, paragraph 85(3); the Domestic Violence, Crime and Victims Act 2004 (2004 c.28), schedule 10, paragraph 46(2); the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (2012 c.10), schedule 10, paragraph 9(3) and schedule 16, paragraph 7; the Offender Rehabilitation Act 2014 (2014 c.11), section 13(2) and schedule 3, paragraph 3 and the Criminal Justice and Courts Act 2015 (2015 c.2), schedule 1, paragraph 12(2).

(5)

Rule 2.6 was last amended by S.S.I. 2010/418.

(6)

Rule 20.22 was inserted by S.S.I. 2010/418 (amended by S.S.I. 2011/21).

(7)

2003 c. 44.

(8)

Form 2.6–EJ was inserted by S.S.I. 2010/418 (as amended by S.S.I. 2011/21).

(9)

Form 20.22–E was inserted by S.S.I. 2010/418 (as amended by S.S.I. 2011/21).