Act of Adjournal (Consolidation Amendment No.2) (Miscellaneous) 1993 No. 2391 (S. 247)

Statutory Instruments

1993 No. 2391 (S.247)

HIGH COURT OF JUSTICIARY

SUMMARY JURISDICTION, SCOTLAND

Act of Adjournal (Consolidation Amendment No.2) (Miscellaneous) 1993

Made

30th September 1993

Coming into force

1st October 1993

The Lord Justice General, Lord Justice Clerk and Lords Commissioners of Justiciary under and by virtue of the powers conferred on them by sections 282 and 457 of the Criminal Procedure (Scotland) Act 1975(1), and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Consolidation Amendment No.2) (Miscellaneous) 1993 and shall come into force on 1st October 1993.

(2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of Act of Adjournal (Consolidation) 1988

2.—(1) The Act of Adjournal (Consolidation) 1988(2) shall be amended in accordance with the following sub-paragraphs.

(2) In rule 16 (verbatim record)–

(a) omit paragraph (2);

(b) in paragraph (3), for the words “and the making of a declaration by him”, substitute the words “or the person recording the questions, answers and declarations by mechanical means”; and

(c) in paragraph (4), omit the words “, and subject to paragraph (5), make a transcript of those proceedings”.

(3) In rule 19(2) (rectification of errors in transcript), for the words “signed and certified by the shorthand writer under section 20B(2)”, substitute the words “certified in accordance with section 20B(1C)(b)(3)”.

(4) After rule 73 (use of transcript of judicial examination), insert the following rule:–

“Certificates in respect of documentary evidence

73A.   –

(1) For the purposes of paragraph 1(1) of Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993(4), a copy of, or a copy of a material part of, a document shall be authenticated–

(a) by a person who is–

(i) the author of the original of it;

(ii) a person in possession and control of the original of it or a copy of it; or

(iii) the authorised representative of the person in possession and control of the original of it or a copy of it; and

(b) by means of a signed certificate, certifying the copy as a true copy, which may be in the form set out in Form 93 in Schedule 1–

(i) endorsed on the copy; or

(ii) attached to the copy.

(2) For the purposes of paragraph 4 of Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993, a document shall be certified by a docquet in the form set out in Form 94 of Schedule 1–

(a) endorsed on the document; or

(b) attached to the document.

(3) For the purposes of paragraph 5(3) of Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993, a certificate shall be in the form set out in Form 95 in Schedule 1.”.

(5) After rule 83D (reduction of disqualification period for drink-drive offenders(5), insert the following rule:–

“Form of supervised release order

83E.   A supervised release order under section 212A of the 1975 Act(6) shall be in the form set out in Form 96 of Schedule 1.”.

(6) In rule 84 (forms for appeal), after paragraph (2) insert the following paragraph:–

“(3) An appeal under section 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (appeals in respect of decisions relating to supervised release orders) shall be in the form set out in Form 38 of Schedule 1.”.

(7) After rule 122 (notice of use of autopsy and forensic science reports in evidence), insert the following rule:–

“Certificates in respect of documentary evidence

122A.   –

(1) For the purposes of paragraph 1(1) of Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993, a copy of, or a copy of a material part of, a document shall be authenticated–

(a) by a person who is–

(i) the author of the original of it; or

(ii) a person in possession and control of the original of it or a copy of it; and

(b) by means of a signed certificate, certifying the copy as a true copy, which may be in the form set out in Form 93 of Schedule 1–

(i) endorsed on the copy; or

(ii) attached to the copy.

(2) For the purposes of paragraph 4 of Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993, a document shall be certified by a docquet in the form set out in Form 94 of Schedule 1–

(a) endorsed on the document; or

(b) attached to the document.

(3) For the purposes of paragraph 5(3) of Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993, a certificate shall be in the form set out in Form 95 of Schedule 1.”.

(8) In schedule 1–

(a) in form 10 (record of proceedings at judicial examination (first or further)), for the words “to whom the declaration de fideli administratione officiiwas administered”, substitute the words “(specify means by which record made)”;

(b) in Form 38 (note of appeal), after the words “Criminal Procedure (Scotland) Act 1975”, insert the words “[or Prisoners and Criminal Proceedings (Scotland) Act 1993, section 19(1)]”; and

(c) after Form 92 (form of application under section 34B(7) of the Road Traffic Offenders Act 1988)(7), insert the forms in the Schedule to this Act of Adjournal.

J.A.D. Hope

Lord Justice General, IPD

Edinburgh,

30th September 1993

Paragraph 2(8)(c)

SCHEDULE

Rules 73A(1) and 122A(1)

Form 93 Form of certificate of authentication of document

CERTIFICATE OF AUTHENTICATION

Rules 73A(2) and 122A(2)

Form 94 Form of docquet certifying a document as one kept by a business or undertaking

Rules 73A(3) and 122A(3)

Form 95 Form of certificate that statement not contained in business document

Rule 83E

Form 96 Form of supervised release order

Explanatory Note

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

This Act of Adjournal provides–

(a) for minor amendments to rules 16 and 19 of, and Form 10 in Schedule 1 to, the Act of Adjournal (Consolidation) 1988 to accommodate the making of a record of proceedings at judicial examination by mechanical as well as by shorthand means;

(b) for the forms of certificate for certifying and authenticating documents to be used in criminal proceedings by virtue of Schedule 3 the Prisoners and Criminal Proceedings (Scotland) Act 1993; and

(c) for the form of a supervised release order made under section 212A of the Criminal Procedure (Scotland) Act 1975 inserted by section 14(1) of the Prisoners and -Criminal Proceedings (Scotland) Act 1993; and for the form of appeal (under section 19 of the Act of 1993 in respect of decisions relating to supervised release orders).

(1)

1975 c. 21. Sections 282 and 457 were extended by section 65 of, and amended by Schedule 7 to, the Criminal Justice (Scotland) Act 1980 (c. 62).

(2)

S.I. 1988/110.

(3)

Section 20B(1C)(b) was inserted by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), Schedule 5, paragraph 1(2).

(4)

1993 c. 9.

(5)

Rule 83D was inserted by S.I. 1993/1955.

(6)

Section 212A was inserted by the Prisoners and Criminal Proceedings (Scotland) Act 1993, section 14(1).

(7)

Form 92 was inserted by S.I. 1993/1955.