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

Amendment of the Criminal Procedure Rules 1996

2.—(1) The Criminal Procedure Rules 1996(1) shall be amended in accordance with the following sub-paragraphs.

(2) In rule 11.2 (notices by accused of witnesses and productions), after the word “co-accused”, insert the words “or his solicitor”.

(3) In Chapter 15 (appeals from solemn proceedings), after rule 15.13 (suspension of disqualification etc. under section 121 of the Act of 1995), insert the following rule:-

“Remits in applications for leave to appeal

15.14.   The judge of the High Court considering an application for leave to appeal under section 107 of the Act of 1995 may, before deciding to grant or refuse leave, remit the case to the judge who presided at the trial for a supplementary report to be produced to him as soon as is reasonably practicable on any matter with respect to the grounds of appeal.”.

(4) In rule 16.6 (citation of witnesses), after paragraph (2), insert the following paragraph:-

“(3) In the case of a postal citation in Form 16.6-A by the prosecutor under section 141 of the Act of 1995, the citation may be signed by the prosecutor by use of an official stamp of his signature or by mechanical or electronic means.”.

(5) In Chapter 19 (appeals from summary proceedings), after rule 19.17 (suspension of disqualification etc. under section 193 of the Act of 1995), insert the following rule:-

“Remits in applications for leave to appeal

19.18.   The judge of the High Court considering an application for leave to appeal under section 180 (leave to appeal against conviction etc.), or section 187 (leave to appeal against sentence), of the Act of 1995 may, before deciding to grant or refuse leave, remit the case to the judge at first instance for a report or a supplementary report to be produced to him as soon as is reasonably practicable on any matter with respect to the grounds of appeal.”.

(6) In rule 31.7(1) (appeals against references), omit the words “under rule 31.4 (proceedings on appeal etc.)”.

(7) In rule 37.1(1) (orders to make material available), for the words “of drug trafficking”, substitute the words “into whether a person has benefited from commission of an offence”.

(8) In rule 37.2(1) (discharge and variation of orders), for the words “drug trafficking”, substitute the words “whether a person has benefited from commission of an offence”.

(9) In the appendix, in Form 26.1-B, after the words “[or are]”, insert the words “[or was] [or were]”.

(1)

S.I. 1996/513.