Legalize / United Kingdom / Statutory-Instrument

Act of Adjournal (Criminal Procedure Rules) 1996

Type Statutory-Instrument

Publication 1996-02-29

Last updated 2026-02-21

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) This rule applies where a party intends to rely upon a transcript of a record made under section 93(1) of the Act of 1995 (record of trial) in any appeal under section 106 or 108 of that Act.

(2) The party shall lodge 4 copies of the transcript or any relevant part thereof with the Clerk of Justiciary in accordance with paragraphs (3) and (4) and shall at the same time intimate to the other parties that the transcript or the relevant part thereof has been so lodged.

(3) Where a procedural hearing has been fixed the party shall lodge the copies not later than 7 days before the date of that hearing.

(4) Where no procedural hearing has been fixed the party shall lodge the copies not later than 28 days before the date of the hearing at which he intends to rely upon the transcript.

(5) Where a party has not complied with the requirements of paragraphs (3) and (4) he shall not, except by leave of the court on cause shown, be permitted to refer to such transcript in the course of any hearing.

CHAPTER 52 — INVESTIGATION OF REVENUE AND CUSTOMS OFFENCES

Interpretation

52.1

In this Chapter–

“the 1995 Act” means the Criminal Law (Consolidation) (Scotland) Act 1995;

“authorised officer” shall have the same meaning as in section 26B(1) of the 1995 Act.

Production orders

52.2

(1) An application by an authorised officer for a production order under section 23B(1) of the 1995 Act shall be by petition in Form 52.2.

(2) A production order shall specify the period within which–

(a) the haver must fulfil the requirements of the production order; and

(b) the production order must be served on the haver by the authorised officer.

Revenue and Customs warrants

52.3

An application by an authorised officer for a Revenue and Customs warrant under section 23E(1) of the 1995 Act shall be by petition in Form 52.3.

Applications for variation, discharge or failure to comply with sections 23F or 23G

52.4

(1) An application under section 23C(2) of the 1995 Act for an order to vary or discharge a production order shall be by minute in Form 52.4-A.

(2) An application under section 23H(2) of the 1995 Act for an order that there has been a failure to comply with requirements of sections 23F or 23G shall be by minute in Form 52.4-B.

(3) A minute under paragraph (1) or (2) shall be lodged with the clerk of court.

(4) On receipt of a minute under paragraph (1) or (2) the court shall make an order endorsed on the minute–

(a) fixing a diet for the hearing of the minute; and

(b) for service of the minute with the date of the diet on all relevant persons.

(5) For the purpose of paragraph (4)(b), the relevant persons are–

(a) in the case of an application under paragraph (1), every other person who is entitled, by virtue of that section, to apply for variation or discharge of the order;

(b) in the case of an application under paragraph (2)–

(i) the officer in respect of whose alleged failure the order is sought; and

(ii) every other person who is entitled by virtue of section 23H(3) to apply for an order under section 23H(4) in respect of the alleged failure in question.

(6) Where an order mentioned in paragraph (1) or (2) is made at a hearing fixed under paragraph (4) it shall be intimated by the clerk of court to all parties unless the party was present at the hearing at which the order was made.

CHAPTER A4 — EXCUSAL OF PROCEDURAL IRREGULARITIES

Application to court to excuse procedural irregularity

A4.1

(1) An application made in writing under section 300A of the Act of 1995 (power of court to excuse procedural irregularities) shall be in Form A4.1 and shall be served on the other parties to the proceedings.

(2) On an application referred to in paragraph (1) being made, the court may appoint a diet for a hearing and intimate the diet to the other parties.

CHAPTER 8B — FAILURE OF ACCUSED TO APPEAR

Failure of accused to appear: form of warrant

8B.1

A warrant for the apprehension of an accused under section 102A of the Act of 1995 (failure of accused to appear in solemn proceedings) shall be in Form 8B.1.

CHAPTER 16A — ENGAGEMENT, DISMISSAL AND WITHDRAWAL OF SOLICITORS IN SUMMARY PROCEEDINGS

Notification

16A.1

(1) The notification to the court in writing under section 148C(1) of the Act of 1995 (engagement, dismissal and withdrawal of solicitor representing accused) that a solicitor has been engaged by the accused for the purposes of his defence at trial shall be in Form 16A.1–A.

(2) The notification to the court in writing under section 148C(3) of the Act of 1995 that a solicitor has been dismissed by the accused or has withdrawn from acting shall be in Form 16A.1–B.

Notice of defences

17.2

(1) Notification to the prosecutor of a defence under section 149B of the Act of 1995 (notice of defences) shall be in Form 17.2.

(2) At the same time as giving notification under paragraph (1) the accused shall serve a copy of the notification on any co-accused.

CHAPTER 27A — RECOVERY OF DOCUMENTS

Appeal against decision of sheriff

27A.1

(1) An appeal under section 301A(5) of the Act of 1995 shall be lodged with the clerk of the appropriate Appeal Court not later than 2 days after the date of the decision of the sheriff and shall be served on the other parties to the application.

(2) Where the last day of the period referred to in paragraph (1) falls on a Saturday, Sunday or court holiday, such period shall extend to and include the next day which is not a Saturday, Sunday or court holiday.

(3) An appeal under paragraph (1) shall be in Form 27A.1.

(4) In this rule, “clerk of the appropriate Appeal Court” means—

(a) in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;

(b) in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of the Sheriff Appeal Court.

Order requiring accused to participate in identification procedure

28.2

(1) An application made in writing by the prosecutor under section 267B of the Act of 1995 (order requiring accused to participate in identification procedure) shall be in Form 28.2 and shall be served on the other parties.

(2) On an application referred to in paragraph (1) being made, the court may appoint a diet for a hearing of the application.

(3) Where the court appoints a hearing under paragraph (2) it shall order intimation of the diet to the other parties.

Applications for extension of period of detention

17.A1

An application made in writing for extension of time under section 147 of the Act of 1995 (prevention of delay in trials) shall be in Form 17.A1 and shall be intimated to the other parties by the applicant.

Appeals against extension of period of detention

Notice of defences

Warrants for apprehension of witnesses

Review by witnesses of orders made under section 156A

18.3A

An application under section 156C(2)(a) of the Act of 1995 (application by party for review of order under section 156A(1)(b)) shall be in Form 18.3A.

Citation of witnesses under section 156C(5)

18.3B

The citation of a witness under section 156C(5)(b) shall be in Form 18.3B.

Appeals in respect of orders made under section 156A(1)

18.3C

An appeal under section 156D(1) of the 1995 Act (appeals in respect of orders under section 156A(1)) shall be in Form 18.3C.

Record of proceedings to be written or printed

Interruption of proceedings after conviction

Detention in precincts of court

Enforcement orders

20.9A

An order under section 226B of the Act of 1995 (enforcement orders) shall be in Form 20.9A and the form of warrant for civil diligence granted under section 226F of that Act (powers of diligence) in respect of the order shall be in the form set out in that Form.

Application for an order for sale or disposal of a vehicle

20.9B

(1) An application for an order for sale or disposal of a vehicle under section 226D(6) of the Act of 1995 (seizure of vehicles) shall be in Form 20.9B-A and a copy shall be served on the offender by the fines enforcement officer.

(2) Where an offender objects to an application under paragraph (1) he shall, within 7 days of its receipt, lodge with the clerk of court a response in the form of numbered paragraphs which correspond to the paragraphs of that application.

(3) The court may fix a diet for hearing an application mentioned in paragraph (1) and any response lodged under paragraph (2) in relation to the application.

(4) Where the court fixes a diet under paragraph (3) the clerk of court shall intimate the diet to the offender and the applicant.

(5) An order under section 226D(6) of the Act of 1995 shall be in Form 20.9B-B.

Application by a third party claiming to own vehicle

20.9C

(1) An application to a sheriff under section 226D(7)(b)(ii) of the Act of 1995 by a third party who claims to own the vehicle shall be in Form 20.9C.

(2) The court may fix a diet for hearing an application mentioned in paragraph (1).

(3) Where the court fixes a diet under paragraph (2) the clerk of court shall intimate–

(a) the application and the diet to–

(i) the offender subject to the enforcement order in terms of which the vehicle seizure order was made;

(ii) any other person from whose possession the vehicle was taken;

(iii) the relevant fines enforcement officer; and

(b) the diet to the applicant.

Review of actions of fines enforcement officer

20.9D

(1) An application for review under section 226H of the Act of 1995 (review of actions of FEO) shall be in Form 20.9D.

(2) The court may fix a diet for hearing an application mentioned in paragraph (1).

(3) Where the court fixes a diet under paragraph (2) it shall intimate–

(a) the application and the diet to the relevant fines enforcement officer; and

(b) the diet to the applicant.

Probation orders

Form and notification of non-harassment order

Variation or revocation of non-harassment order

Supervised attendance orders

Community service orders

Restriction of liberty orders

Drug treatment and testing orders

Community reparation orders

Terms of compensation orders to record of proceedings

Legal disability of person entitled to compensation

Variation of compensation orders

Discharge or reduction of compensation order

Use of certified copy documents in certain proceedings

Form of extract of sentence

Reduction of disqualification period for drink-drive offencers

Antisocial behaviour orders

Orders for lifelong restriction

CHAPTER 53 — REVIEW OF FIXED PENALTY OR COMPENSATION CONDITIONAL OFFERS BY PROCURATOR FISCAL

Review by court of fixed penalty or compensation conditional offers by procurator fiscal

53.1

(1) An application for review under section 302C(6) of the Act of 1995 (recall of fixed penalty or compensation offer) shall be in Form 53.1.

(2) The court may fix a diet for hearing an application mentioned in paragraph (1).

(3) Where the court fixes a diet under paragraph (2) it shall–

(a) send a copy of the application to the prosecutor; and

(b) intimate the diet to the parties.

Application for release of vehicle

20.9AA

An application under regulation 19(1)(b) or (c) of the Enforcement of Fines (Seizure and Disposal of Vehicles) (Scotland) Regulations 2008 (release of seized vehicle on application by offender) shall be in Form 20.9AA.

Application for an order for sale or disposal of a vehicle

Application by a third party claiming to own vehicle

Review of actions of fines enforcement officer

Probation orders

Form and notification of non-harassment order

Variation or revocation of non-harassment order

Supervised attendance orders

Community service orders

Restriction of liberty orders

Drug treatment and testing orders

Community reparation orders

Terms of compensation orders to record of proceedings

Legal disability of person entitled to compensation

Variation of compensation orders

Discharge or reduction of compensation order

Use of certified copy documents in certain proceedings

Form of extract of sentence

Reduction of disqualification period for drink-drive offencers

Antisocial behaviour orders

Orders for lifelong restriction

CHAPTER 8C — TRANSFER OF PROCEEDINGS (SHERIFF COURT)

Transfer of solemn proceedings outwith sheriffdom

8C.1

A written application by the prosecutor under section 34A of the Act of 1995 (initiating proceedings outwith sheriffdom: exceptional circumstances) shall be in Form 8C.1.

CHAPTER 17A — TRANSFER OF SUMMARY PROCEEDINGS

Transfer of summary proceedings

17A.1

(1) A written application by the procurator fiscal under—

(a) section 137A(1) or section 137CA(2) of the Act of 1995 (transfer within sheriffdom) shall be in Form 17A.1-A;

(b) section 137B(1) or section 137CB(2) of the Act of 1995 (transfer outwith sheriffdom due to exceptional circumstances) shall be in Form 17A.1-B;

(c) section 137B(1A) or section 137CB(4) of the Act of 1995 (transfer outwith sheriffdom where accused cited to attend diet in other summary proceedings or other summary proceedings commenced) shall be in Form 17A.1-C;

(d) section 137B(1C) or section 137CB(6) of the Act of 1995 (transfer outwith sheriffdom: intention to take summary proceedings where other summary proceedings commenced) shall be in Form 17A.1-D;

(e) section 137B(3) or section 137CB(9) of the Act of 1995 (transfer outwith sheriffdom due to exceptional circumstances: revocation or variation of order) shall be in Form 17A.1-E;

(f) section 137B(4) or section 137CB(10) of the Act of 1995 (transfer outwith sheriffdom where other summary proceedings commenced or intended: revocation or variation of order) shall be in Form 17A.1-F;

(g) section 137C(1) or section 137CC(2) of the Act of 1995 (initiating custody cases outwith sheriffdom: exceptional circumstances) shall be in Form 17A.1-G;

(h) section 137D(1) of the Act of 1995 (transfer of justice of the peace court proceedings where accused person to be sentenced in sheriff court) shall be in Form 17A.1-H.

(2) Where the sheriff principal consents to an application under paragraph (1)(b), (e) or (g), he shall docquet his consent to the application.

(3) Where a sheriff consents to an application under paragraph (1)(c), (d) or (f), he shall docquet his consent to the application.

CHAPTER 29A — SERVICE OF BILLS OF ADVOCATION AND SUSPENSION AND PETITIONS TO THE NOBILE OFFICIUM

Service of bill or petition

29A.1

(1) Where a first order for service is sought in relation to—

(a) a bill of advocation;

(b) a bill of suspension; or

the complainer or petitioner shall provide two copies of the bill or petition when presenting it to the clerk of the appropriate Appeal Court for registration.

(2) Where a first order for service is granted, the clerk of the appropriate Appeal Court shall provide the complainer or petitioner with a certified copy of—

(a) the bill or petition; and

(b) the interlocutor granting first order for service.

(3) The complainer or petitioner shall serve the certified copy of the bill or petition and interlocutor on the respondent.

(4) Where a bill or petition arises from proceedings in a lower court, the clerk of the appropriate Appeal Court shall intimate a copy to that court.

(5) In this rule, “clerk of the appropriate Appeal Court” means—

(a) in a case where the bill or petition is presented to the High Court, the Clerk of Justiciary;

(b) in a case where the bill is presented to the Sheriff Appeal Court, the Clerk of the Sheriff Appeal Court.

CHAPTER 29B — CONTEMPT OF COURT

Application of this Chapter

29B.1

(1) This Chapter applies where a court considers that a person (“the relevant person”) may have committed a contempt of court to which paragraph (2) applies (the “alleged contempt”) in, or in connection with, proceedings before that court.

(2) This paragraph applies to an alleged contempt that has been directed at a member of the court personally or any other contempt that it would be inappropriate for that court to deal with.

Withdrawal of jury

29B.2

Where the alleged contempt occurs in proceedings on indictment, the court shall ensure that any step it takes in relation to dealing with the alleged contempt is taken outwith the presence of the jury or any persons cited for jury service.

Criminal prosecution

29B.3

(1) The court shall ascertain from the prosecutor whether he intends to bring criminal proceedings in relation to the alleged contempt.

(2) Where the prosecutor states that he intends to bring criminal proceedings, the court shall take no further action in relation to the alleged contempt.

Procedure where the prosecutor does not intend to bring criminal proceedings

29B.4

(1) Where the prosecutor has indicated that he does not intend to bring criminal proceedings, the court (“the first court”) shall fix a diet for a hearing of the matter (“the contempt hearing”) by a differently constituted court (“the other court”).

(2) The diet shall be fixed to take place no later than the third court day following the date on which the alleged contempt occurred.

(3) At the same time as fixing the diet for the contempt hearing, the first court shall—

(a) advise the relevant person that legal aid is available for legal advice and assistance;

(b) ascertain the relevant person’s current address; and

(i) ordain the relevant person to appear at the contempt hearing; or

(ii) exercise its power to remand that person in custody until that hearing.

Statement of facts

29B.5

(1) The first court shall prepare a statement of the relevant facts (“the statement of facts”).

(2) The clerk of court shall make arrangements for the relevant person and the other court to receive a copy of the statement of facts no later than 24 hours before the contempt hearing.

The contempt hearing

29B.6

(1) At the contempt hearing the other court shall ascertain from the relevant person whether he admits or denies the facts contained in the statement of facts.

(2) Where the relevant person admits the material facts contained in the statement of facts, the other court shall take that statement to be accurate and shall—

(a) hear the relevant person and consider any relevant documents; and

(b) determine whether a contempt of court has been committed by the relevant person.

(3) Where the relevant person denies any of the material facts contained in the statement of facts—

(a) he may give evidence on oath concerning that fact or those facts;

(b) the other court may hear evidence from any persons that it considers relevant (“relevant witnesses”) and consider any relevant documents.

(4) Persons identified by the other court as relevant witnesses under paragraph (3) shall be cited to attend that court by the clerk of court.

(5) To the extent that the statement of facts is not denied by the relevant person, the other court shall take it to be accurate.

(6) After having determined under paragraph (3) the accuracy of each of the material facts which is disputed, the other court shall—

(a) hear the relevant person and consider any relevant documents; and

(b) determine whether a contempt of court has been committed by the relevant person.

(7) Where the other court makes a finding of contempt of court, it shall—

(a) give the relevant person the opportunity to apologise; and

(b) after hearing the relevant person, determine the disposal.

Adjournment of the hearing

29B.7

(1) The other court may adjourn the contempt hearing on its own motion or on the motion of the relevant person.

(2) A request by the relevant person for an adjournment of the contempt hearing shall be made orally at the contempt hearing.

(3) A request for an adjournment will be granted on cause shown.

(4) Where the other court adjourns a contempt hearing it shall—

(a) ordain the relevant person to appear at that adjourned hearing; or

(b) exercise its power to remand that person in custody until that hearing.

Remand appeal

29B.8

(1) The relevant person may appeal to the High Court a decision of the court to exercise its powers to remand him in custody as mentioned in rule 29B.4(3)(c) or rule 29B.7(4) by lodging a written notice of appeal with the Clerk of Justiciary.

(2) The appeal shall be treated, so far as possible, as though it were a bail appeal.

Minute of proceedings

29B.9

The clerk of court shall record all proceedings relating to the alleged contempt of court in the court minutes.

Initial period of adjustment

37AA.5A

In the High Court, parties may adjust their respective statements during the 6 week period following the expiry of the period ordered by the court under section 102(1) of the Act of 2002 for the lodging of the response.

First procedural hearing

37AA.5B

(1) Where the High Court is proceeding under section 92 of the Act of 2002, a procedural hearing called “the first procedural hearing” shall take place on the first Monday after the period for adjustment mentioned in rule 37AA.5A has expired.

(2) At the first procedural hearing the High Court shall ascertain the state of readiness of the parties to conduct a hearing to dispose of the matter.

(3) The High Court may—

(a) set a date for the lodging of any forensic report by the accused;

(b) make an order for exchange of documents between parties;

(d) provide for further adjustment of the respective statements of the parties;

(e) make any further order it considers necessary.

(4) The High Court shall either—

(a) order that there shall be a further procedural hearing (called “the second procedural hearing”) and fix a date for that hearing; or

(b) order a hearing to dispose of the matter (called “the determination hearing”) and the Clerk of Justiciary shall fix a date for that hearing.

(5) Where the High Court orders a determination hearing, it shall ascertain from the parties their estimates of the likely length of that hearing.

Second procedural hearing

37AA.5C

(1) At the second procedural hearing, the High Court shall—

(a) ascertain the state of readiness of the parties to conduct a determination hearing;

(b) make such further orders as the High Court thinks fit for the purpose of reaching a position where the parties are so ready; and

(i) continue the hearing for a period of not longer than 4 weeks; or

(ii) order a determination hearing and the Clerk of Justiciary shall fix a date for that hearing.

(2) Where the High Court orders a determination hearing, it shall ascertain from the parties their estimates of the likely length of that hearing.

Preparation for determination hearing

37AA.5D

(1) Where the High Court fixes a determination hearing it shall—

(a) direct the Clerk of Justiciary to issue a timetable specifying—

(i) that a pre-determination hearing meeting is to take place at least 8 weeks before the determination hearing;

(ii) the date for lodging of the minute in Form 37AA.5D-A of the above meeting, to be at least 5 weeks before the determination hearing;

(iii) the last date for lodging productions, to be at least 4 weeks before the determination hearing;

(iv) the last date for lodging witness lists, to be at least 4 weeks before the determination hearing.

(b) make such further orders regarding preparation as it sees fit.

(2) The timetable issued under paragraph (1)(a) shall be in Form 37AA.5D-B and shall be treated for all purposes as an interlocutor of the High Court signed by a judge of that court.

(3) A party shall not be permitted to refer to any document that has not been lodged by the date required under paragraph (1)(a)(iii) except by leave of the High Court on cause shown.

(4) At the same time as lodging productions and witness lists, copies shall be intimated to the other parties.

Hearing to check preparation

37AA.5E

(1) A hearing shall take place on the last Monday which is at least 4 weeks before the determination hearing.

(2) At the hearing the High Court shall—

(a) consider the minute in Form 37AA.5D-A;

(b) ascertain the state of readiness of the parties to conduct the determination hearing; and

General provision on adjustment

37AA.5F

(1) In the High Court, any adjustments to the statement of information or response must be intimated as soon as practicable to the other party.

(2) The statement of information and response, as adjusted, shall be lodged by the respective parties on the day after the adjustment period ends and at the same time a copy fully adjusted to date shall be intimated to the other party.

Public holidays

37AA.5G

Where any hearing on a Monday set by virtue of rule 37AA.5B or 37AA.5E would otherwise fall on a public holiday, it shall take place on the next Monday following which is not a public holiday.

Reconsideration of case, benefit or available amount

Variation or discharge of confiscation order

Time for payment

Hearings

Reference of devolution issue to Supreme Court

Time period for consideration of overseas freezing order

36.9A

(1) This rule applies where the Lord Advocate has nominated a sheriff to give effect to an overseas freezing order under section21(2) of the Act of 2003 (considering the overseas freezing order).

(2) Subject to paragraph(3), the sheriff shall consider the order no later than the day after receipt of the order.

(3) The sheriff may, exceptionally, consider the order later than the period prescribed in paragraph(2) but shall do so no later than 5days after receipt of the order.

(4) Where the day mentioned in paragraph(2) or the last day of the period mentioned in paragraph (3) falls on a Saturday, Sunday or court holiday, such period shall extend to and include the next day which is not a Saturday, Sunday or court holiday.

(5) In calculating the period mentioned in paragraph(3), any Saturday, Sunday or court holiday that falls within that period shall be disregarded.

Form of warrant for seizure and retention of evidence

36.9B

A warrant under section22(1) of the Act of 2003 (giving effect to the overseas freezing order) shall be in Form36.9B.

Application for release of evidence

36.9C

An application under section25(1) of the Act of 2003 (release of evidence held under overseas freezing order) shall be in Form36.9C.

Provision of interpreters

Court record of proceedings before a nominated court

CHAPTER54 — MUTUAL RECOGNITION OF CRIMINAL FINANCIAL PENALTIES

Form of certificate

54.1

A certificate issued under section223A(1) of the Act of 1995 (recognition of financial penalties: requests to other member States) shall be in Form54.1.

Minimum number of jurors for balloting jury

14.1A

(1) Notwithstanding section88(1) of the Act of 1995 (plea of not guilty, balloting and swearing of jury, etc.), where there are fewer than 30 of those named on the list of jurors available for balloting, it shall not be competent to proceed to ballot the jury.

(2) Where it is not competent to proceed to ballot the jury the court shall make such order or orders as it thinks fit in the interests of justice.

Balloting of jurors

Form of oath or affirmation to jurors

Jurors chosen for one trial may continue to serve

Form of oath or affirmation to witnesses

Sheriff’s notes of evidence

Form of record of proceedings

Interruption of trial for other proceedings

Interruption of proceedings for conviction or sentence

Issue of extract convictions

Copying of transcripts to other parties

15.16A

(1) Where the prosecutor receives a transcript under section94(2) of the Act of 1995, the prosecutor shall forthwith send a copy to the other parties and to the clerk of court.

(2) Where a person receives a transcript under section94(2A) of the Act of 1995, that person shall forthwith send a copy to the other parties and to the clerk of court.

Lodging and intimation of transcripts

CHAPTER55 — RECOVERY ORDERS UNDER SECTION27K(3) OF THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982

55.1

An application under section27K(3) of the Civic Government (Scotland) Act 1982 (application for recovery order) shall be made by petition in Form55.

Requirement for case and argument

15.15A

(1) Subject to paragraphs (2) and (3), this rule applies to an appeal under section 106(1)(a) or (f) of the Act of 1995.

(2) The court may, of its own motion or on the application of the appellant, order that this rule is not to apply in a particular appeal or to a particular aspect of an appeal.

(3) Where in relation to any ground of appeal an appellant seeks to lead evidence this rule shall apply to that ground of appeal only in relation to the question of whether that evidence should be led; but the court may nevertheless make an order containing provision similar to this rule in relation to the presentation of submissions following the hearing of that evidence.

(4) The appellant must, within 42days of the granting of leave to appeal in accordance with section107 of the Act of 1995, lodge a case and argument.

(5) A case and argument must—

(a) set out, for each ground of appeal, a succinct and articulate statement of the facts founded upon and the propositions of law being advanced;

(b) contain an estimate of how long will be required for the hearing of the appeal; and

(c) be signed by counsel or the solicitor advocate instructed to represent the party concerned in the conduct of the appeal, or by the appellant where the appellant intends to conduct the appeal himself.

(6) A case and argument must, when lodged, be accompanied by—

(a) all documents, or a copy thereof, referred to or founded upon in the case and argument and not already lodged in the appeal process; and

(b) all authorities, or a copy thereof, listed in the case and argument and not contained within a publication specified by the Lord Justice General by direction.

(7) The Crown—

(a) must, if the court, considering that the circumstances of the case require it, orders it to do so; and

(b) may, if it considers it appropriate to do so,

lodge a case and argument in response to the appellant’s case and argument.

(8) Where the court makes an order under paragraph (7)(a), the Crown must lodge the case and argument within 21days of the making of that order.

(9) At the same time as a case and argument is lodged, a copy of it and of all the documents accompanying it must be sent to the other party to the appeal.

(10) Where the Deputy Principal Clerk of Justiciary considers a case and argument to be unduly lengthy he shall refer the matter to a judge of the High Court who shall give such directions as he considers appropriate.

(11) Where a case and argument is not lodged timeously, the Deputy Principal Clerk of Justiciary shall refer the matter to the Lord Justice General, whom failing the Lord Justice Clerk, for such action as he considers appropriate.

(12) The court may, on the application of the relevant party and on cause shown, extend the period for lodging a case and argument.

Hearing of appeal

15.15B

(1) This Rule applies to the hearing of an appeal in so far as a case and argument has been lodged by the appellant in terms of rule15.15A(4).

(2) At the hearing of the appeal—

(a) the appellant’s case and argument and supporting documents shall constitute the principal submissions of the appellant;

(b) unless it otherwise directs, the court will expect the appellant to rely on the case and argument without reading it over to the court;

(d) the appellant may respond to any case and argument lodged by the Crown; and

(e) the appellant shall answer any points raised by the court.

(3) Where the Crown lodges a case and argument paragraph (2) applies, with the necessary modifications, to the Crown as it applies to the appellant.

(4) The appellant and Crown have a duty to co-operate with each other and the court to ensure the completion of the hearing of the appeal within the time allocated by the court;

(5) The court may, at any point during the hearing, set a timetable for the completion by a party of any submissions permitted in terms of paragraph(2)(b), (c), (d) or (e).

(6) On cause shown, the court may permit the appellant to introduce new information that has come to light in the period since the case and argument was lodged.

(7) Where the court permits the introduction of new information, it may at its discretion permit the lodging of additional documents in support of the new information.

(8) An appellant who wishes to introduce new information and lodge additional documents shall send a copy of the information and documents to the Clerk of Justiciary and to the Crown as soon as the information and documents come into the appellant’s possession.

(9) An appellant who has sent new information and documents to the Clerk of Justiciary shall apply at the bar to allow it to be introduced or lodged, as the case may be.

Presentation of solem sentence appeal in writing.

Copying of transcripts to other parties

Lodging and intimation of transcripts

Presentation of summary conviction appeals in writing

19.18A

(1) Where the Sheriff Appeal Court considers that the circumstances of the case require it, it may direct that this rule and rule 19.18B apply to an appeal under section 175(2)(a) or (d) of the Act of 1995.

(2) Where in relation to any ground of appeal an appellant seeks to lead evidence—

(a) this rule applies to that ground of appeal only in relation to the question of whether that evidence should be led;

(b) the court may nevertheless make an order containing provision similar to this rule in relation to the presentation of submissions following the hearing of that evidence.

(3) The appellant must, within 42 days of the granting of leave to appeal in accordance with section 180 of the Act of 1995, lodge a case and argument.

(4) A case and argument must—

(a) set out, for each ground of appeal, a succinct and articulate statement of the facts founded upon and the propositions of law being advanced;

(b) contain an estimate of how long will be required for the hearing of the appeal; and

(i) by the solicitor or counsel representing the appellant in the appeal; or

(ii) where the appellant intends to conduct the appeal personally, by the appellant.

(5) A case and argument must, when lodged, be accompanied by—

(a) all documents, or a copy thereof, referred to or founded upon in the case and argument and not already lodged in the appeal process; and

(b) all authorities, or a copy thereof, listed in the case and argument and not contained within a publication specified by the Lord Justice General by direction.

(6) The prosecutor—

(a) may lodge a case and argument in response to the appellant’s case and argument if the prosecutor considers it appropriate;

(b) must do so if the court, considering that the circumstances of the case require it, orders the prosecutor to do so.

(7) Where the court makes an order under paragraph (6)(b), the prosecutor must lodge the case and argument within 21 days of the making of that order.

(8) At the same time as a case and argument is lodged, a copy of it and all accompanying documents must be sent to the other party to the appeal.

(9) Where the Clerk of the Sheriff Appeal Court considers a case and argument to be unduly lengthy, the matter is to be referred to an Appeal Sheriff who is to give such directions as are considered appropriate.

(10) Where a case and argument is not lodged timeously, the Clerk of the Sheriff Appeal Court is to refer the matter to the President of the Sheriff Appeal Court, whom failing the Vice President of the Sheriff Appeal Court, for such action as is considered appropriate.

(11) The court may, on the application of the relevant party and on cause shown, extend the period for lodging a case and argument.

Presentation of summary sentence appeal in writing

Attendance of accused at Crown bail appeals

4.2

(1) Where an appeal is made under section32(2) of the Act of 1995 the accused may attend the hearing of the appeal.

(2) Where the accused wishes to attend the hearing of the appeal, he shall inform the clerk of the appropriate Appeal Court not later than 24hours before the hearing is due to take place.

(3) In this rule, “clerk of the appropriate Appeal Court” has the meaning given by section 32(11) of the Act of 1995.

Interruption of proceedings for the tendering of pleas

14.8A

(1) Where a case has called the presiding judge may, on a motion made jointly, without adjourning those proceedings interrupt them by calling other proceedings.

(2) Such a motion is competent only where in making the motion parties inform the court that—

(a) one or more of the accused in the proceedings is also an accused in other proceedings;

(b) none of the proceedings are going to trial, because (either or both)—

(i) the accused persons are intending to plead guilty as libelled;

(ii) the accused persons are intending to tender pleas which the Crown intends to accept; and

(c) in the interests of justice it is appropriate that the other proceedings be called in order that they be dealt with simultaneously.

(3) Where the judge has interrupted any proceedings under paragraph (1), the proceedings are to be regarded as being before the court simultaneously and pleas shall be recorded in this way.

(4) Where pleas have been recorded in accordance with paragraph(3) the clerk of court may on any subsequent occasion call the proceedings together and they shall be regarded as being before the court simultaneously.

Interruption of proceedings for conviction or sentence

Issue of extract convictions

References

Applications for requests for assistance

Community payback orders

20.22

(1) A community payback order made under section227A or 227M of the Act of 1995 shall be in Form20.22-A.

(2) The citation of an offender to appear before a court under section227X(7)(a) (failure to attend progress review) of the Act of 1995 shall be in Form20.22-B.

(3) An application under section227Y(1) (applications to vary, revoke and discharge community payback orders) of the Act of 1995 shall be in Form20.22-C.

(4) The citation of an offender to appear before a court under section227ZC(2)(b) (breach of community payback order) of the Act of 1995 shall be in Form20.22-D.

(5) The citation of an offender to appear before a court under section 227Z(13) (hearing of applications to vary, revoke and discharge community payback orders) shall be in Form 20.22-E.

CHAPTER47A — PROTECTION OF VULNERABLE GROUPS (SCOTLAND) ACT 2007

References under the Protection of Vulnerable Groups (Scotland) Act 2007

47A.1

Where a court is giving the Scottish Ministers information under section7 of the Protection of Vulnerable Groups (Scotland) Act 2007 it shall do so by—

(a) posting a notice of reference in Form47A.1; or

(b) transmitting a copy of that notice, by facsimile or other electronic means.

CHAPTER22A — WITNESS ANONYMITY ORDERS

Application for witness anonymity order

22A.1

An application under section271P of the Act of 1995 for a witness anonymity order shall be in Form22A.1.

Notice of application in summary proceedings

22A.2

Notice for the purpose of section 271Q(2) of the Act of 1995 shall be in Form22A.2.

Discharge and variation of witness anonymity order

22A.3

An application under section271U(3)(a) of the Act of 1995 to discharge or vary a witness anonymity order shall be made—

(a) by motion, at any hearing; or

(b) in Form22A.3, at any other time.

Appeals

22A.4

(1) Any appeal mentioned in section271V of the Act of 1995 must be taken not later than seven days after the decision.

(2) The appeal shall thereafter be treated procedurally, so far as possible—

(a) in solemn proceedings, as if it were an appeal under section74(1) of the Act of 1995;

(b) in summary proceedings, as if it were an appeal under section174(1) of the Act of 1995.

Provisional arrest

34.1A

(1) Notice of an application under section6(3A) or section 74D(4) of the Act of 2003 must be given to the arrested person by giving him or her, or his or her solicitor, a letter to that effect.

(2) Such notice must be given before the hearing at which the application is to be made.

(3) An application under this rule may be made orally.

Arrest under provisional warrant

Appeals

Hearing of appeals

Applications for extension of time

Post-extradition matters

Part 3 warrants

CHAPTER 56 — REPORTING RESTRICTIONS

Interpretation

56.1

(1) This Chapter applies to orders which restrict the reporting of proceedings.

(2) In this Chapter, “interested person” means a person—

(a) who has asked to see any order made by the court which restricts the reporting of proceedings, including an interim order; and

(b) whose name is included on a list kept by the Lord Justice General for the purposes of this Chapter.

Notification of reporting restrictions etc.

56.2

(1) Where the court is considering making an order, it must first make an interim order.

(2) ... The clerk of court shall immediately send a copy of the interim order to any interested person.

(3) The court shall specify in the interim order why it is considering making an order.

(4) Paragraphs (2) and (3) do not apply to an interim order made after the jury is balloted and which subsists only until the jury has taken the jury oath or affirmation, as the case may be.

Applications for variation or revocation

56.3

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An interested person who would be directly affected by the making of an order shall have an opportunity to make representations to the court before an order is made.

(3) Representations shall—

(a) be made in Form 56.3;

(b) where an urgent hearing is sought, include reasons explaining why an urgent hearing is necessary;

(c) be lodged no later than 2 days after the interim order is sent to interested persons in accordance with rule 56.2(2).

(4) Where the period for lodging representations expires on a Saturday, Sunday or public or court holiday, it shall be deemed to expire on the next day on which—

(a) the Justiciary Office is open, where the interim order was made by the High Court; or

(aa) the office of the Sheriff Appeal Clerk is open for criminal court business, where the interim order was made by the Sheriff Appeal Court;

(b) the sheriff clerk’s office is open for criminal court business, where the interim order was made by the sheriff or the JP court.

(5) On representations being made—

(a) the court shall appoint a date and time for a hearing—

(i) on the first suitable court day thereafter; or

(ii) when the court is satisfied that an urgent hearing is necessary, at such earlier date and time as the court may determine;

(b) the clerk of court shall—

(i) notify the date and time of the hearing to the parties to the proceedings and the person who has made representations;

(ii) send a copy of the representations to the parties to the proceedings.

(6) Where no interested party makes representations in accordance with rule 56.3(2), the clerk of court shall put the interim order before the court in chambers in order that the court may resume consideration as to whether to make an order.

(7) Where the court, having resumed consideration under rule 56.3(6), makes no order, it shall recall the interim order.

(8) Where the court recalls an interim order, the clerk of court shall immediately notify any interested person.

CHAPTER57 — REGULATION OF INVESTIGATORY POWERS ACT 2000

Interpretation

57.1

In this Chapter “the 2000 Act” means the Regulation of Investigatory Powers Act 2000.

Disclosed information: hearing

57.2

(1) This rule applies where a prosecutor of a case has had disclosed to him or her information under section18(7)(a) of the 2000 Act and considers it appropriate to invite the judge to order disclosure in terms of section18(7)(b) of the 2000 Act.

(2) The prosecutor may request a hearing before the judge.

(3) A request for a hearing under paragraph(2)—

(a) may be made at any time, either verbally or in writing;

(b) shall be to either the Clerk of Justiciary or the clerk of court, whoever being more appropriate in the circumstances.

(4) The hearing shall be—

(a) in court;

(b) in private.

(5) In paragraph (4), “private” means outwith the presence of any person (including, in a trial, the accused, his representatives and the jury) except the judge, the prosecutor and any other person whose presence the judge considers necessary for the proper determination of the matter.

(6) The hearing shall be recorded by mechanical means as if it were a trial in solemn proceedings.

(7) Paragraph(8) applies where the prosecutor indicates that information disclosed during the hearing has a particular status under any scheme operated by the United Kingdom Government for the protection of sensitive information.

(8) The record of the hearing and any retained documents shall be stored by the court in accordance with the security measures which the scheme stipulates for information of that status.

CHAPTER58 — CONTROL OF DOGS

Interpretation

58.1

In this Chapter—

“the 1953 Act” means the Dogs (Protection of Livestock) Act 1953;

“the 2010 Act” means the Control of Dogs (Scotland) Act 2010;

“a combined order” means an order made under section 1A(1)(c) of the 1953 Act;

“a disqualification order” means an order made under section 1A(1)(a) of the 1953 Act;

“a prevention order” means an order made under section 1A(1)(b) of the 1953 Act;

“relevant order” means—a disqualification order;a prevention order;a combined order.

Application for discharge of disqualification

58.2

(1) Paragraph(2) applies where a person has been disqualified by virtue of section5(2)(a) of the 2010 Act.

(2) An application for the discharge of the disqualification under section11(3) of the 2010 Act shall be made by petition in Form58.2.

Appeal to the High Court

58.3

An appeal to the Sheriff Appeal Court under section11(4) of the 2010 Act shall be made by lodging a note of appeal in Form58.3.

Hearing and intimation

58.4

On an application or appeal being lodged the court shall—

(a) appoint a hearing on the application or appeal;

(b) make an order for service of the application, or appeal, with the date and time of the hearing on all parties.

CHAPTER7A — DISCLOSURE

Interpretation

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.

Defence statements

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.

Applications for ruling on disclosure

7A.3

(1) An application under section128(2), section139(2) or section140E(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.

Review of ruling on disclosure

7A.4

(1) An application under section129(2), section140(2) or section140F(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.

Appeal against ruling

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.

Applications for orders preventing or restricting disclosure: prosecutor

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) or section 142(3) 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.

Applications for orders preventing or restricting disclosure: Secretary of State

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) or section 147(3) 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.

Special Counsel

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.

Appeals

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.

Review of section145 and 146 orders

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.

Review by court of section145 and 156 orders

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.

Applications during trials etc.

7A.12

(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,

may be made verbally (that is without the need for a form).

Storage of sensitive information

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.

CHAPTER59 — DOUBLE JEOPARDY (SCOTLAND) ACT 2011

Interpretation

59.1

In this Chapter, “the 2011 Act” means the Double Jeopardy (Scotland) Act 2011.

Exceptions to the rule against Double Jeopardy: applications by the Lord Advocate

59.2

(1) An application by the Lord Advocate to set aside a person’s acquittal and grant authority to bring a new prosecution—

(a) under section2(2) of the 2011 Act (tainted acquittals);

(b) under section3(3)(b) of the 2011 Act (admission made or becoming known after acquittal);

shall be in Form59.2.

(2) On making an application the Lord Advocate shall send a copy of the application to the acquitted person.

Other subsequent prosecutions: applications by the prosecutor

59.3

(1) An application by the prosecutor—

(a) under section11(3) of the 2011 Act (eventual death of injured person) shall be in Form59.3-A;

(b) under section12(3) of the 2011 Act (nullity of proceedings on previous indictment or complaint) shall be in Form59.3-B.

(2) On making an application the prosecutor shall send a copy of the application to the person to whom the application relates.

Hearing and determination of applications

59.4

(1) This rule applies to the hearing and determination of an application mentioned in this Chapter.

(2) On an application being lodged the Clerk of Justiciary shall—

(a) appoint a hearing on the application;

(b) intimate the date and time of the hearing to the parties;

(d) specify the last date for lodging witness lists and productions.

(3) At the same time as lodging witness lists and productions, the party lodging them shall intimate copies to the other party.

(4) Where a production cannot reasonably be copied the list of productions shall be intimated.

(5) Parties shall be entitled to see the productions according to the existing law and practice of the High Court.

(6) Section90A of the Act of 1995 (obstructive witnesses) applies, with the necessary modifications.

(7) A party shall not be permitted to—

(a) examine any witness not listed as a witness;

(b) put in evidence any production not lodged,

in accordance with paragraph 2(d) except by leave of the High Court on cause shown.

(8) Without prejudice to any existing power of the High Court, it may—

(a) order the production of any document or thing concerned with the application;

(b) hear any evidence relevant to the application;

(d) appoint a person with expert knowledge to act as assessor to the High Court where it appears to the court that such expert knowledge is required.

(9) Where the High Court hears any evidence it shall do so in accordance with the existing law and practice as to the taking of evidence in criminal trials in Scotland.

Appeal to the High Court

59.5

(1) An appeal to the High Court under section11(6) of the 2011 Act shall be made by lodging a note of appeal in Form59.5.

(2) The note of appeal shall be lodged with the Clerk of Justiciary not later than 7days after the making of the decision in question.

(3) At the same time as lodging a note of appeal the appellant shall send a copy of the note of appeal to the other party.

(4) On an appeal being lodged the Clerk of Justiciary shall—

(a) appoint a hearing on the appeal;

(b) intimate the time and date of the hearing to the parties.

Procedural hearing

34.2A

(1) This rule applies where the sheriff of Lothian and Borders has fixed a date on which an extradition hearing is to begin in terms of section8(1), section75(1) or section76(2) of the Act of 2003.

(2) The sheriff may fix a procedural hearing for the purposes of determining whether parties are ready to proceed to the extradition hearing.

(3) Where the extradition hearing is subsequently fixed for a later date the sheriff may discharge the procedural hearing and fix a new procedural hearing for a later date or, if the later date for the extradition hearing is fixed at or following the procedural hearing, fix a further procedural hearing.

(4) Where the extradition hearing has been adjourned the sheriff may fix a further procedural hearing.

(5) On fixing a procedural hearing under paragraph(2) the sheriff shall—

(a) grant warrant for the citation of witnesses and the lodging of productions by the parties;

(b) specify the last date for lodging witness lists and productions;

(6) A case and argument must be lodged by the relevant person and—

(a) set out, for each ground of opposition to the extradition, a succinct and articulate statement of the facts founded upon and the propositions of law being advanced;

(b) be accompanied by all authorities, or a copy thereof, listed in the case and argument;

(c) be signed by counsel or the solicitor instructed to represent the relevant person at the extradition hearing, or by the relevant person where he or she intends to conduct the extradition hearing himself or herself.

(7) The Lord Advocate —

(a) must, if the sheriff, considering that the circumstances of the case require it, orders him to do so;

(b) may, if he considers it appropriate to do so,

lodge a case and argument in response to the relevant person’s case and argument.

(8) At the same time as lodging a case and argument, witness lists and productions, the party lodging them shall intimate copies to the other party.

(9) In this rule, “relevant person” means the person to whom the extradition proceedings relate.

(10) Paragraphs(3) and (4) may apply more than once.

(11) The sheriff may vary or dispense with any of the requirements mentioned in or made under this rule.

Appeals

Hearing of appeals

Applications for extension of time

Post-extradition matters

Part 3 warrants

Interpretation

Raising compatibility issues and devolution issues: solemn proceedings

Raising compatibility issues and devolution issues: summary proceedings

Raising compatibility issues and devolution issues: other proceedings

Specification of compatibility issue or devolution issue

Time for raising compatibility issue or devolution issue

Intimation of compatibility issues and devolution issues to the Advocate General

Participation of Advocate General in proceedings

Appeals to the Supreme Court

Reference of compatibility issues and devolution issues to the High Court

Orders pending determination of compatibility issues or devolution issues

Procedure on receipt of determination of compatibility issue or devolution issue

40.13

(1) This rule applies where—

(a) the High Court has determined a reference mentioned in rule40.10;

(b) the Supreme Court has determined a reference mentioned in rule40.11 ...

(2) The determination shall be laid before the court that made the reference.

(3) The court shall then give directions as to further procedure which shall be intimated by the clerk of court with a copy of the determination to each of the parties to the proceedings.

Procedure following determination of an appeal by the Supreme Court

40.14

(1) This rule applies where the Supreme Court has—

(a) determined a compatibility issue on appeal and remitted the proceedings to the High Court in accordance with section288AA(3) or section 288AC(3) of the Act of 1995;

(b) determined a devolution issue on appeal under paragraph13(a) of Schedule6.

(2) The High Court of Justiciary shall then give direction as to further procedure which shall be intimated by the Clerk of Justiciary to each of the parties to the proceedings.

Orders mitigating the effect of certain decisions

40.15

Where the court is considering making an order under section102 of the Scotland Act 1998 (power of court to vary or suspend the effect of certain decisions) the court shall order intimation of the fact to be made by the clerk of court, in writing, to every person to whom intimation is required to be given by that section.

CHAPTER 60 — PUBLICITY, REMEDIAL AND REMEDIATION ORDERS

Interpretation

60.1

In this Chapter—

“the Act of 2014” means the Regulatory Reform (Scotland) Act 2014.

“the Act of 2016” means the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016.

“publicity order” means an order made under section 36(2) of the Act of 2014 or an order made under section 30(4) of the Act of 2016.

“remedial order” means an order made under section 30(3) of the Act of 2016.

“remediation order” means an order made under section 41(2) of the Act of 2014.

“SEPA” means the Scottish Environment Protection Agency.

Publicity orders

60.2

A publicity order shall be in Form 60.2.

Remediation orders

60.3

A remedial order or remediation order shall be in Form 60.3.

Variation of remediation order

60.4

(1) An application for the variation of—

(a) a publicity order under section 30(8) of the Act of 2016;

(b) a remedial order; or

shall be made by petition in Form 60.4.

(2) On a petition referred to in paragraph(1) being lodged, the court shall—

(a) order intimation of the application to be made to the prosecutor and, in the case of an application under section 41(5) of the Act of 2014, to SEPA;

(b) appoint a hearing on the application; and

(c) order intimation of the hearing to the persons referred to in subparagraph (a), the petitioner or the petitioner’s agent, and to the governor of any institution in which the petitioner is detained.

CHAPTER 34A — INTERPRETATION AND TRANSLATION IN PART 1 PROCEEDINGS

Interpretation and application

34A.1

(1) In this Chapter—

“the Act of 2003” means the Extradition Act 2003;

“interpretation assistance” means—in relation to a person who does not speak or understand English, an oral translation of—the proceedings into the person’s native language or any other language which the person speaks or understands; andany communication by the person into English; orin relation to a person who has a hearing or speech impediment, such appropriate assistance as the person requires to be able to understand the proceedings and communicate effectively;

“Part 1 proceedings” means court proceedings relating to the execution of a Part 1 warrant;

“Part 1 warrant” is to be construed in accordance with section 2(2) of the Act of 2003.

(2) This Chapter applies to Part 1 proceedings.

Right to interpretation assistance

34A.2

(1) The court must take all reasonable steps to determine whether the person who is subject to the Part 1 proceedings requires interpretation assistance because the person—

(a) does not speak English;

(b) does not understand English;

(d) has a speech impediment.

(2) Where the court determines that the person requires interpretation assistance, it must ensure that arrangements are made for the person to be provided with that assistance—

(a) at every diet in the Part 1 proceedings at which the person is due to appear;

(b) for the purpose of safeguarding the fairness of proceedings ....

(3) The court must ensure that interpretation assistance provided under this paragraph is of a quality sufficient to safeguard the fairness of proceedings.

Right to translation of Part 1 warrant

34A.3

(1) The court must take all reasonable steps to determine whether the person who is subject to the Part 1 proceedings understands the language in which the Part 1 warrant is drawn up or into which it has been translated.

(2) Where the court determines that the person does not understand the language in which the Part 1 warrant is drawn up or into which it has been translated, it must ensure that arrangements have been or are made to provide the person with a written translation of that document.

(3) Despite paragraph (2), the person may be provided with an oral translation or oral summary of the Part 1 warrant, instead of a written translation, unless this would prejudice the fairness of proceedings.

(4) A person entitled under this rule to be provided with a translation of a Part 1 warrant may waive that right.

(5) A waiver under paragraph (4) must be—

(a) voluntary and unequivocal; and

(b) informed by legal advice, unless the person otherwise fully understands the consequences of waiving the right.

(6) The court must ensure that any translation provided under this paragraph is of a quality sufficient to safeguard the fairness of proceedings.

Application for review of a determination about rights to interpretation or translation

34A.4

(1) Paragraph (2) applies where a court has determined—

(a) under rule 34A.2 that a person does not require any interpretation assistance; or

(b) under rule 34A.3 that a person does not require a translation of a Part 1 warrant.

(2) The person may, on one occasion only, apply to the court which made the determination for a review of its determination.

(3) If, on reviewing its determination, the court determines that the person requires interpretation assistance or a translation of the Part 1 warrant, it must give such direction as it considers necessary to safeguard the fairness of the proceedings.

(4) Nothing in this rule affects any right of appeal in relation to the determination being reviewed.

Application for a direction relating to interpretation or translation

34A.5

(1) A person entitled under this Chapter to be provided with interpretation assistance, or a translation of a Part 1 warrant, may apply to the court to give a direction if, as the case may be—

(a) the person is not provided with interpretation assistance;

(b) the person considers that the interpretation assistance is of insufficient quality to safeguard the fairness of the proceedings;

(c) the person is not provided with a written translation, an oral translation or an oral summary of a Part 1 warrant; or

(d) the person considers that any written translation, oral translation or oral summary provided is of insufficient quality to safeguard the fairness of the proceedings.

(2) On determining an application under paragraph (1), the court must give such direction as it considers necessary to safeguard the fairness of the proceedings.

Applications under rule 34A.4 and 34A.5

34A.6

(1) An application under rule 34A.4(2) or 34A.5(1)—

(a) is to be made orally; and

(b) must be made as soon as reasonably practicable.

(2) Before determining an application made under rule 34A.4(2) or 34A.5(1), the court must give the prosecutor an opportunity to make representations.

Information to be recorded by the clerk of court

34A.7

The clerk of court must make a record of any of the following which apply—

(a) the fact that interpretation assistance is provided under this Chapter;

(b) the fact that an oral translation or oral summary of the Part 1 warrant is provided;

Provision of interpretation assistance and translation free of charge

34A.8

Any interpretation assistance, translation or oral summary provided to a person under this Chapter must be provided free of charge.

Interpretation and application of this Chapter

Interim orders: notification to interested persons

Interim orders: representations

Notification of reporting restrictions

56.4

Where the court makes an order, the clerk of court shall immediately—

(a) send a copy of the order to any interested person;

(b) arrange for the publication of the making of the order on the Scottish Courts and Tribunals Service website.

Applications for variation or revocation

56.5

(1) A person aggrieved by an order may apply to the court for its variation or revocation.

(2) An application shall be in Form 56.5.

(3) On an application being made—

(a) the court shall appoint the application for a hearing;

(b) the clerk of court shall—

(i) notify the date and time of the hearing to the parties to the proceedings and the applicant;

(ii) send a copy of the application to the parties to the proceedings.

(4) The hearing shall, so far as reasonably practicable, be before the judge or judges who made the order.

CHAPTER61 — EUROPEAN PROTECTION ORDERS

Interpretation

61.1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information about European Protection Orders

61.2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for a European Protection Order

61.3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issuing of a European Protection Order

61.4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recognition of a European Protection Order

61.5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Implementation of a recognised European Protection Order

61.6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification and revocation of a non-harassment order

61.7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Translation free of charge

61.8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where competent authority not known

61.9

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