Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2009

Made: 6th October 2009

Coming into force: 27th October 2009

The Lord Justice General, the Lord Justice Clerk and the Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section21(3) of the Crime (International Co-operation) Act 2003[^f00001], section223A(1) and section305 of the Criminal Procedure (Scotland) Act 1995[^f00002], and of all other powers enabling them in that behalf do hereby enact and declare:

Citation and commencement, etc.

1

• (1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2009 and comes into force on 27thOctober 2009.

• (2) This Act of Adjournal is to be inserted in the Books of Adjournal.

Crime (International Co-operation) Act 2003: overseas freezing orders

2

• (1) After rule36.9 of the Criminal Procedure Rules 1996 (proceedings before a nominated court)[^f00003] insert—

(36.9A) (1) This rule applies where the Lord Advocate has nominated a sheriff to give effect to an overseas freezing order under section21(2) of the Act of 2003 (considering the overseas freezing order). (2) Subject to paragraph(3), the sheriff shall consider the order no later than the day after receipt of the order. (3) The sheriff may, exceptionally, consider the order later than the period prescribed in paragraph(2) but shall do so no later than 5days after receipt of the order. (4) Where the day mentioned in paragraph(2) or the last day of the period mentioned in paragraph (3) falls on a Saturday, Sunday or court holiday, such period shall extend to and include the next day which is not a Saturday, Sunday or court holiday. (5) In calculating the period mentioned in paragraph(3), any Saturday, Sunday or court holiday that falls within that period shall be disregarded. (36.9B) A warrant under section22(1) of the Act of 2003 (giving effect to the overseas freezing order) shall be in Form36.9B. (36.9C) An application under section25(1) of the Act of 2003 (release of evidence held under overseas freezing order) shall be in Form36.9C.

• (2) After Form36.8D in the appendix to the Criminal Procedure Rules 1996[^f00004] insert Forms36.9B and 36.9C set out in Part1 of the Schedule to this Act of Adjournal.

Confiscation proceedings

3

In Form37AA.5D-B in the appendix to the Criminal Procedure Rules 1996 (form of timetable order)[^f00005]—

• (a) in paragraph1 for “is to take place on (date)” substitute “is to take place no later than (date)”;

• (b) after paragraph3 insert—

(4) The hearing to check preparation before the determination hearing will take place on (date). (5) The determination hearing will take place on (date).

Mutual recognition of criminal financial penalties

4

• (1) After Chapter53 of the Criminal Procedure Rules 1996 (review of fixed penalty or compensation offers by procurator fiscal)[^f00006] insert—

(54.1) A certificate issued under section223A(1) of the Act of 1995 (recognition of financial penalties: requests to other member States) shall be in Form54.1.

• (2) After Form53.1 in the appendix to the Criminal Procedure Rules 1996[^f00007] insert Form54.1 set out in Part2 of the Schedule to this Act of Adjournal.

SCHEDULE

PART 1

PART 2

Signed

A.C. HAMILTON — Lord Justice General — I.P.D. — 6th October 2009

Explanatory note

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

EXPLANATORY NOTE

This Act of Adjournal makes various amendments to the Criminal Procedure Rules 1996.

Paragraph 2 inserts new rules 36.9A to 36.9C into Chapter 36 (Crime (International Co-operation) Act 2003) making provision for overseas freezing orders. Rule 36.9A prescribes the time limit within which such orders must be considered by the sheriff. Rule 36.9B provides a form of warrant for seizure and retention of evidence which is the subject of an overseas freezing order. Rule 36.9C provides a form of application for release of evidence held under an overseas freezing order.

Paragraph 3 makes minor amendments to Form 37AA.5D-B (form of timetable order in confiscation proceedings).

Paragraph 4 provides a form of certificate issued under section 223A of the Criminal Procedure (Scotland) Act 1995 (recognition of financial penalties: requests to other member States).

Footnotes

[^f00001]: 2003 c.32.

[^f00002]: 1995 c.46. Section223A was inserted by the Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009 (S.S.I. 2009/342).

[^f00003]: The Criminal Procedure Rules 1996 are contained in Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2009/322).

[^f00004]: Form36.8-D was inserted by S.S.I. 2004/195.

[^f00005]: Form37AA.5D-B was inserted by S.S.I. 2009/244.

[^f00006]: Chapter53 was inserted by S.S.I. 2008/61.

[^f00007]: Form53.1 was inserted by S.S.I. 2008/61.