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Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Procedural Hearings in Appeals from Solemn Proceedings) 2012

Type Scottish-Statutory-Instrument

Publication 2012-11-06

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Made: 6th November 2012

Laid before the Scottish Parliament: 8th November 2012

Coming into force: 10th December 2012

The Lord Justice General, the Lord Justice Clerk and 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.3) (Procedural Hearings in Appeals from Solemn Proceedings) 2012 and comes into force on 10th December 2012.

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

Procedural hearings in Appeals from Solemn Proceedings

2

(1) The Criminal Procedure Rules 1996[^f00002] are amended in accordance with the following subparagraph.

(2) In rule15.5A(1) (Procedural hearing)[^f00003], omit “against conviction or conviction and sentence,”.

Signed

BRIAN GILL — Lord Justice General — I.P.D. — 6th November 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 rule15.5A(1) to allow for a procedural hearing to be fixed in all appeals from solemn proceedings, including those against sentence only.

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. 2012/187.

[^f00003]: Rule15.5A was inserted by S.S.I. 2002/387 and amended by S.S.I. 2010/309.

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