Act of Adjournal (Criminal Procedure Rules Amendment) (Community Payback Orders) 2011

Made: 18th January 2011

Coming into force: 31st January 2011

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 section305 of the Criminal Procedure (Scotland) Act 1995[^f00001], and of all other powers enabling them in that behalf do hereby enact and declare:

Citation, commencement etc.

1

• (1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment) (Community Payback Orders) 2011.

• (2) It shall come into force on 31st January 2011.

• (3) A certified copy of this Act of Adjournal is to be inserted in the Books of Adjournal.

Community payback orders

2

• (1) The Act of Adjournal (Criminal Procedure Rules Amendment No.4) (Miscellaneous) 2010[^f00002] is amended in accordance with the following subparagraphs.

• (2) In paragraph2(1)(b), after inserted subparagraph(i) insert—

(j) rule20.22(5) (community payback orders: hearing of applications to vary, revoke and discharge community payback orders) shall be in Form2.6-EJ.”

• (3) In paragraph2(2)—

• (a) after “Form2.6-EH” omit “and”;

• (b) after “Form 2.6-EI” insert “and Form 2.6-EJ”.

• (4) After paragraph2(5) insert—

(5A) In rule20.17 (use of certified copy documents in certain proceedings)[^f00003] in paragraph (1)— (a) at the end of subparagraph(a) insert “; or”; (b) for subparagraphs (b) to (e) substitute— (f) a community payback order,

• (5) In paragraph2(6), in inserted rule20.22—

• (a) in paragraph(1), after “227A” insert “or 227M”;

• (b) after paragraph (4) insert—

(5) The citation of an offender to appear before a court under section227Z(13) (hearing of applications to vary, revoke and discharge community payback orders) shall be in Form20.22-E.

• (6) In paragraph2(7)—

• (a) omit “and”;

• (b) after “Form20.22-D” insert “and Form20.22-E”.

• (7) In paragraph2(8), for “13December 2011” substitute “1stFebruary 2011”.

• (8) In Part 1 of the Schedule—

• (a) at the end insert Form2.6-EJ and Form20.22-E set out in Part 1 of the Schedule to this Act of Adjournal;

• (b) for Form20.22-A substitute Form20.22-A 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. — 18th January 2011

Explanatory note

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

EXPLANATORY NOTE

This Act of Adjournal amends the Act of Adjournal (Criminal Procedure Rules Amendment No.4) (Miscellaneous) 2010, which amends the Criminal Procedure Rules 1996 in consequence of the introduction, by section14 of the Criminal Justice and Licensing (Scotland) Act 2010, of community payback orders.

This Act of Adjournal amends the 2010 Act of Adjournal before or comes into force because some further provisions are necessary to make the rules on community payback orders complete.

Footnotes

[^f00001]: 1995 c.46.

[^f00002]: S.S.I. 2010/418.

[^f00003]: Rule20.17, last amended by S.S.I. 2005/160.