Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2020

Scottish Statutory Instruments

2020 No. 27

High Court Of Justiciary

Sheriff Appeal Court

Sheriff Court

Justice Of The Peace Court

Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2020

Made

12th February 2020

Laid before the Scottish Parliament

14th February 2020

Coming into force

2nd March 2020

The High Court of Justiciary makes this Act of Adjournal under the powers conferred by section 305 of the Criminal Procedure (Scotland) Act 1995(1) and all other powers enabling it to do so.

Citation and commencement, etc.

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2020.

(2) It comes into force on 2nd March 2020.

(3) A certified copy is to be inserted in the Books of Adjournal.

Amendment of the Criminal Procedure Rules 1996

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

(2) In Chapter 22 (evidence of vulnerable witnesses)(3)—

(a) in rule 22.4 (review of arrangements for vulnerable witnesses)(4), in paragraph (2) omit “and served on every other party by the minuter”;

(b) for rule 22.5 (procedure for review) substitute—

“Procedure for review

22.5.   On receipt of a minute under rule 22.4(1)(b) (minute for review of arrangements for vulnerable witnesses) or on a review on the court’s own motion, the court, after giving the parties an opportunity to be heard by making written submissions within such period as specified by the court, may—

(a) consider and determine the review without a hearing; or

(b) make an order, endorsed on the minute or recorded in the minute of proceedings, fixing a diet for a hearing of the application and for intimation by the clerk of court of the date of the diet to all parties.”;

(c) in rule 22.6 (intimation of the order)—

(i) omit “at a hearing fixed”;

(ii) for “the hearing” substitute “a hearing”;

(d) omit rule 22.10 (evidence in chief in form of prior statement).

(3) In Chapter 56 (reporting restrictions)(5)—

(a) in rule 56.2 (interim orders: notification to interested persons)—

(i) for the heading substitute “Interim orders”;

(ii) in paragraph (1) for “may” substitute “must first”;

(iii) in paragraph (2) omit “Where the court makes an interim order,”;

(b) in rule 56.3 (interim orders: representations)(6)—

(i) for the heading substitute “Representations”;

(ii) omit paragraph (1).

(4) In the appendix—

(a) in Form 22.4 (form of application for review of arrangements for taking evidence under section 271D of the Criminal Procedure (Scotland) Act 1995)(7)—

(i) omit paragraph 7;

(ii) for paragraph (a) substitute—

“(a) to order intimation of this application to all parties and to invite parties to make submissions in writing within such period as to the court seems fit, and thereafter, either to determine this application without a hearing or, as the case may be, to fix a diet for hearing this application and to order intimation of the diet to all parties;”;

(iii) in paragraph (b) omit “, after hearing all the parties,”;

(b) for Form 40.2 (form of minute of notice of intention to raise a compatibility issue or devolution issue)(8) and Form 40.3 (form of minute of notice of intention to raise a compatibility issue or devolution issue) substitute Form 40.2 and Form 40.3 set out in the schedule of this Act of Adjournal.

CJM SUTHERLAND

Lord Justice General

I.P.D.

Edinburgh

12th February 2020

Paragraph 2(4)(b)

SCHEDULE

EXPLANATORY NOTE

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

This Act of Adjournal makes a number of amendments to the Criminal Procedure Rules 1996.

Chapter 22 is amended so that applications for review of arrangements for vulnerable witnesses may be determined with, or without, a hearing. Form 22.4 is amended to reflect that change. In addition, rule 22.10 is omitted with the result that it will no longer be necessary for a witness who is to give evidence in chief in the form of a prior statement to be called before the evidence is given.

The amendments to Chapter 56 have the effect of requiring that where the judge or court, as the case may be, is considering making a reporting restriction order then an interim order must always be made first.

Forms 40.2 and 40.3 are substituted so that the minuter is required to provide detailed information in a structured format when seeking to raise a compatibility issue or a devolution issue.

(1)

1995 c.46. Section 305 was amended by section 111(1) of the Criminal Justice (Scotland) Act 2016 (asp 1) and by S.S.I. 2015/338, and was extended by section 386(3)(a) of the Proceeds of Crime Act 2002 (c.29), section 36A(4) of the Serious Crime Act 2007 (c.27), and section 32(5) of the Psychoactive Substances Act 2016 (c.2).

(2)

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. 2019/330.

(3)

Chapter 22 was substituted by S.S.I. 2005/188 and last amended by S.S.I. 2015/443.

(4)

Rules 22.4 to 22.6 were substituted by S.S.I. 2005/188.

(5)

Chapter 56 was inserted by S.S.I. 2011/194 and substituted by S.S.I. 2015/84.

(6)

Rule 56.3 was amended by S.S.I. 2015/245.

(7)

Form 22.4 was inserted by S.S.I. 2005/188 and last amended by S.S.I. 2015/443.

(8)

Forms 40.2 and 40.3 were inserted by S.S.I. 2013/72. They replaced Forms 40.2A and 40.3A (inserted by S.S.I. 1999/1346).