Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Sexual Harm Prevention Orders) 2023

Scottish Statutory Instruments

2023 No. 61

High Court Of Justiciary

Sheriff Appeal Court

Sheriff Court

Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Sexual Harm Prevention Orders) 2023

Made

1st March 2023

Laid before the Scottish Parliament

2nd March 2023

Coming into force

31st March 2023

The High Court of Justiciary makes this Act of Adjournal under the powers conferred on it by section 305 of the Criminal Procedure (Scotland) Act 1995(1), sections 11(6) and 20(8) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016(2) 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) (Sexual Harm Prevention Orders) 2023.

(2) It comes into force on 31st March 2023.

(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(3) are amended in accordance with this paragraph.

(2) After Chapter 72 (overseas production orders)(4) insert—

“CHAPTER 73

SEXUAL HARM PREVENTION ORDERS UNDER THE ABUSIVE BEHAVIOUR AND SEXUAL HARM (SCOTLAND) ACT 2016

Interpretation

73.1.   In this Chapter—

“the 2016 Act” means the Abusive Behaviour and Sexual Harm (Scotland) Act 2016(5);

“sexual harm prevention order” means an order under section 11 (making of order on dealing with person for offence) of the 2016 Act.

Sexual harm prevention orders

73.2.   A sexual harm prevention order is made in Form 73.2.

Variation, renewal or discharge of sexual harm prevention orders

73.3.   An application for the variation, renewal or discharge of a sexual harm prevention order under section 20 (variation, renewal and discharge) of the 2016 Act is made in Form 73.3.

Notice under section 11(6) or section 20(8) of the 2016 Act

73.4.   Notice under section 11(6) or section 20(8) (wish for a hearing to be held) of the 2016 Act is to be given to the court not later than seven days after the intention of the court to consider making, or (as the case may be) varying, renewing or discharging, a sexual harm prevention order is intimated to the person against whom the order would be made or its proposed subject.”.

(3) In the appendix after Form 72.4 (form of application to vary or revoke an overseas production order)(6) insert Forms 73.2 and 73.3 as set out in the schedule of this Act of Adjournal.

Revocation and saving

3.—(1) Subject to paragraph (2), the following provisions of the Criminal Procedure Rules 1996 are revoked—

(a) Chapter 48 (Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005(7);

(b) in the appendix, Forms 48.2 and 48.3.

(2) Notwithstanding the revocation of the provisions mentioned in paragraph (1), they continue to have effect until the end of the period of 5 years beginning with the date on which section 40 (saving and transitional provision) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 comes into force for the purpose of sexual offences prevention orders under section 104 or 105 of the Sexual Offences Act 2003(8).

CJM SUTHERLAND

Lord Justice General

I.P.D.

Edinburgh

1st March 2023

Paragraph 2(3)

SCHEDULE

EXPLANATORY NOTE

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

This Act of Adjournal inserts a new Chapter 73 (sexual harm prevention orders) into the Criminal Procedure Rules 1996 to make provision for the making, variation, renewal and discharge of sexual harm prevention orders imposed by the criminal courts under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

(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)

2016 asp 22.

(3)

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. 2022/231.

(4)

Chapter 72 was inserted by S.S.I. 2022/231.

(5)

2016 asp 22.

(6)

Form 72.4 was inserted by S.S.I. 2022/231.

(7)

Chapter 48 and associated forms were inserted by S.S.I. 2005/472.

(8)

2003 c. 42. Section 105 was last relevantly amended by S.S.I. 2013/119.