Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Disclosure) 2011

Made: 5th April 2011

Coming into force: 6th June 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], section165 of the Criminal Justice and Licensing (Scotland) Act 2010[^f00002], 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 No.4) (Disclosure) 2011.

• (2) It comes into force on 6th June 2011.

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

Disclosure

2

• (1) The Criminal Procedure Rules 1996[^f00003] are amended as follows.

• (2) After Chapter 7 (mental disorder)[^f00004] insert—

(7A.1) In this Chapter– - “the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010; - “classified” means has a status under any scheme operated by the United Kingdom Government for the protection of information which limits those who may see the information to those with a special security clearance; - “appropriate security clearance” means the special security clearance required under the scheme concerned; - “appropriate security conditions” means the security conditions for the storage of the information required under the scheme concerned. (7A.2) (1) A defence statement lodged under section70A of the Act of 1995, or section125 or section126 of the 2010 Act, shall be in Form7A.2-A. (2) A statement lodged before the trial diet under section70A(4)(a) of the Act of 1995, or section126(2)(a) of the 2010 Act, shall be in Form7A.2-B. (7A.3) (1) An application under section128(2) or section139(2) of the 2010 Act shall be in Form7A.3. (2) Not less than 48hours before lodging the application the applicant shall send a copy of the application to the prosecutor. (3) Where the court appoints a hearing on an application the clerk of court shall intimate the date and time of the hearing to the parties. (7A.4) (1) An application under section129(2) or section140(2) of the 2010 Act shall be in Form7A.4. (2) Not less than 48hours before lodging the application the applicant shall send a copy of the application to the prosecutor. (3) Where the court appoints a hearing on an application the clerk of court shall intimate the date and time of the hearing to the parties. (7A.5) (1) An appeal under section130(1) of the 2010 Act shall be made by lodging a note of appeal in Form7A.5. (2) At the same time as lodging a note of appeal the appellant shall send a copy of the note of appeal to the other parties. (3) Where the court appoints a hearing on the appeal the clerk of court shall intimate the date and time of the hearing to the parties. (7A.6) (1) An application by the prosecutor for a non-notification order and an exclusion order under section142(2)(a) of the 2010 Act shall be in Form7A.6-A. (2) An application by the prosecutor for an exclusion order under section142(2)(b) of the 2010 Act shall be in Form7A.6-B. (3) An application by the prosecutor for a section145 order under section141(5) of the 2010 Act shall be in Form7A.6-C. (4) On an application being lodged the clerk of court shall— (a) appoint a hearing on the application; (b) intimate the date and time of the hearing to those parties who are entitled to be heard or represented at the hearing. (7A.7) (1) An application by the Secretary of State for a section146 order under section146(1) of the 2010 Act shall be in Form7A.7-A. (2) An application by the Secretary of State for a restricted notification order and a non-attendance order under section147(2)(a) of the 2010 Act shall be in Form7A.7-B. (3) An application by the Secretary of State for a non-attendance order under section147(2)(b) of the 2010 Act shall be in Form7A.7-C. (4) On an application being lodged the clerk of court shall— (a) appoint a hearing on the application; (b) intimate the date and time of the hearing to those parties who are entitled to be heard or represented at the hearing. (7A.8) (1) This rule applies to the appointment of special counsel under section150(2) of the 2010 Act. (2) Special counsel shall be appointed from a list of persons who have been nominated for that purpose by the Lord Justice General. (3) Where the information which is the subject of the application or appeal concerned is classified, the person appointed must have appropriate security clearance. (7A.9) (1) Any appeal mentioned in section153 of the 2010 Act shall be made by lodging a note of appeal in Form7A.9. (2) At the same time as lodging a note of appeal the appellant shall send a copy of the note of appeal to those parties who are entitled to be heard in the appeal. (3) On an appeal being lodged the clerk of court shall— (a) appoint a hearing on the appeal; (b) intimate the date and time of the hearing to those parties who are entitled to be heard in the appeal. (7A.10) (1) This rule applies to the review of— (a) a section145 order under section155(2) of the 2010 Act; (b) a section146 order under section156(2) of the 2010 Act. (2) An application shall be in Form7A.10. (3) On an application being lodged the clerk of court shall— (a) appoint a hearing on the application; (b) intimate the date and time of the hearing to those parties who are entitled to be heard on the application. (7A.11) (1) This rule applies where the court appoints a hearing under section157(3) of the 2010 Act. (2) The clerk of court shall intimate the date and time of the hearing to those parties who would be entitled to be heard on an application mentioned in Rule7A.10. (7A.12) may be made verbally (that is without the need for a form). (1) This rule applies where a case has called for its trial diet, or any other hearing. (2) During the diet or hearing, an application for— (a) any of the orders mentioned in Rule7A.6 or Rule7A.7; (b) any of the reviews mentioned in Rule7A.10, (7A.13) (1) This rule applies where the court, in considering any application or appeal mentioned in this Chapter, receives or has had disclosed to it information which is classified. (2) The record of the hearing and any retained documents shall be stored by the court in appropriate security conditions.

• (3) In the appendix, after Form7.9, insert the forms set out in the Schedule to this Act of Adjournal.

SCHEDULE

Signed

A.C. HAMILTON — Lord Justice General — I.P.D. — 5th April 2011

Explanatory note

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

EXPLANATORY NOTE

This Act of Adjournal amends the Criminal Procedure Rules 1996.

Paragraph2 inserts a new Chapterand related forms in consequence of the commencement of Part6 (disclosure) of the Criminal Justice and Licensing (Scotland) Act 2010.

Footnotes

[^f00001]: 1995 c.46.

[^f00002]: 2010 asp 13.

[^f00003]: The Criminal Procedure Rules 1996 are contained in Schedule2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2011/194).

[^f00004]: Chapter7, last amended by S.S.I. 2007/276.