Act of Adjournal (Criminal Procedure Rules Amendment No.5) (Miscellaneous) 2011

Made: 28th June 2011

Laid before the Scottish Parliament: 29th June 2011

Coming into force: 12th July 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 No.5) (Miscellaneous) 2011.

• (2) It comes into force on 12th July 2011.

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

• (4) The Criminal Procedure Rules 1996[^f00002] are amended in accordance with the following paragraphs.

Disclosure

2

• (1) In Chapter7A (disclosure)[^f00003]—

• (a) in rule7A.6(2), after “section142(2)(b)” insert “or section142(3)”;

• (b) in rule7A.7(3), after “section147(2)(b)” insert “or section147(3)”.

• (2) In the appendix, for Forms7A.6-A, 7A.6-B, 7A.7-B, 7A.7-C and 7A.10 substitute respectively Forms 7A.6-A, 7A.6-B, 7A.7-B, 7A.7-C and 7A.10 set out in Part1 of the Schedule to this Act of Adjournal.

Form of non-harassment order

3

In the appendix, for Form20.10A[^f00004] substitute Form20.10A 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. — 28th June 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 amends Chapter7A (disclosure) and related forms as they contained a number of errors.

Paragraph3 amends Form20.10A (form of non-harassment order) in consequence of the commencement of section15 of the Criminal Justice and Licensing (Scotland) Act 2010, which amended section234A of the Criminal Procedure (Scotland) Act 1995.

Footnotes

[^f00001]: 1995 c.46.

[^f00002]: 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. 2011/242.)

[^f00003]: Chapter7A was inserted by S.S.I. 2011/242.

[^f00004]: Form20.10A was inserted by S.S.I. 1997/1526.