Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2020
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 19962.
(1)
(2)
(a)
(b)
“Procedure for review22.5.
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)
(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)
(i)
for the heading substitute “Representations”;
(ii)
omit paragraph (1).
(4)
In the appendix—
(a)
(i)
omit paragraph 7;
(ii)
“(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)
Edinburgh
SCHEDULE
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.