Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2012

Made: 6th June 2012

Laid before the Scottish Parliament: 8th June 2012

Coming into force: 16th July 2012

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.2) (Miscellaneous) 2012.

• (2) It comes into force on 16th July 2012.

• (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.

Appeals against sentence etc.

2

• (1) In rule15.1(5) (register and lists of appeals)[^f00003] for “42” substitute “28”.

• (2) In rule15.16(3)(a) (presentation of solemn sentence appeal in writing)[^f00004] for “21” substitute “14”.

• (3) In rule19.14(3) (list of appeals)[^f00005] for “42” substitute “28”.

• (4) In rule19.19(3)(a) (presentation of summary sentence appeal in writing)[^f00006] for “21” substitute “14”.

Scottish Criminal Cases Review Commission

3

After rule19B.1(2) (references)[^f00007] insert—

(2A) Subject to section194D(4A) of the Act of 1995, within 21days after the date on which a copy of the Commission’s statement is sent under section194D(4)(b) of the Act of 1995 the appellant shall lodge with the Clerk of Justiciary a note of the grounds of appeal that are to be relied upon at the hearing of the appeal and send a copy to the Crown Agent. (2B) The High Court may, on cause shown, extend the period of 21days mentioned in paragraph(2A).

Transitional provisions

4

• (1) Paragraph2 of this Act of Adjournal shall apply only to appeals in which leave to appeal in terms of section107 of the Criminal Procedure (Scotland) Act 1995 was granted after the date on which this Act of Adjournal comes into force.

• (2) Paragraph(3) of this Act of Adjournal shall apply only to cases which were referred to the High Court in terms of section194B of the Criminal Procedure (Scotland) Act 1995 after the date on which this Act of Adjournal comes into force.

Signed

A.C. HAMILTON — Lord Justice General — I.P.D. — 6th June 2012

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 rule15.1(5), rule15.16(3)(a), rule19.14(3) and rule19.19(3)(a) to amend the periods of notice and time limits in appeals against sentence.

Paragraph3 amends rule19B.1 to provide that in relation to a case on reference from the Scottish Criminal Cases Review Commission the appellant’s note of appeal is to be lodged within 21days of the Commission’s statement of reasons being sent to the appellant.

Paragraph4 makes transitional provision in respect of paragraphs2 and 3.

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. 2012/125).

[^f00003]: Rule15.1(5), last amended by S.S.I. 2006/302.

[^f00004]: Rule15.16 was inserted by S.S.I. 2003/387 and was amended by S.S.I. 2006/302.

[^f00005]: Rule19.14, last amended by S.S.I. 2003/387.

[^f00006]: Rule19.19 was inserted by S.S.I. 2003/387.

[^f00007]: Rule19B.1 substituted by S.S.I. 2010/418.