Criminal Procedure (Scotland) Act 1995

305 Acts of Adjournal. S

(1) The High Court may by Act of Adjournal—

(a) regulate the practice and procedure in relation to criminal procedure;

(b) make such rules and regulations as may be necessary or expedient to carry out the purposes and accomplish the objects of any enactment (including an enactment in this Act) in so far as it relates to criminal procedure;

(c) subject to subsection (5) below, to fix and regulate the fees payable in connection with summary criminal proceedings; and

(d) to make provision for the application of sums paid under section 220 of this Act and for any matter incidental thereto.

[F1 (1A) Subsection (1) above extends to making provision by Act of Adjournal for something to be done in electronic form or by electronic means.]

(2) The High Court may by Act of Adjournal modify, amend or repeal any enactment (including an enactment in this Act) in so far as that enactment relates to matters with respect to which an Act of Adjournal may be made under subsection (1) above.

(3) No rule, regulation or provision which affects the governor or any other officer of a prison shall be made by Act of Adjournal except with the consent of the Secretary of State.

(4) The Clerk of Justiciary may, with the sanction of the Lord Justice General and the Lord Justice Clerk, vary the forms set out in an Act of Adjournal made under subsection (1) above or any other Act whether passed before or after this Act from time to time as may be found necessary for giving effect to the provisions of this Act relating to solemn procedure.

(5) Nothing in paragraph (c) of subsection (1) above shall empower the High Court to make any [F2 provision that the Scottish Ministers are empowered to make under section 107(1) of the Courts Reform (Scotland) Act 2014].

Textual Amendments

F1 S. 305(1A) inserted (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 111(1), 117(2); S.S.I. 2016/426, art. 2, sch.

F2 Words in s. 305(5) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), arts. 1, 2

Modifications etc. (not altering text)

C1 S. 305 modified (27.7.2001) by 2001 asp 7, s. 4, Sch. paras. 68, 77 (with Sch. para. 65); S.S.I. 2001/274, art. 3(1)(b)(c)(d)

C2 S. 305 modified (27.7.2001) by 1993 c. 9, s. 10(2U) (as substituted by 2001 asp 7, s. 3(1)(b); S.S.I. 2001/274, art. 3(1)(a))

C3 S. 305 modified (27.7.2001) by 2001 asp 7, s. 4, Sch. para. 21 (with Sch. para. 18); S.S.I. 2001/274, art. 3(1)(b)(c)