Act of Adjournal (Criminal Procedure Rules) 1996

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

Vulnerable witness notice: non-standard special measures

Vulnerable witness notice: standard special measures

22.1ZA

Where a vulnerable witness notice under section 271A(2) of the Act of 1995 (vulnerable witness notice) specifies only a standard special measure, it shall be in Form 22.1ZA and shall be lodged with the clerk of court.

Vulnerable witness application

Procedure on lodging vulnerable witness notice or vulnerable witness application

Objections to special measures

22.2A

• (1) An objection notice under section 271A(4A) or 271C(4A) of the Act of 1995 (objections to special measures) shall be in Form 22.2A and shall be lodged with the clerk of court.

• (2) On receipt of an objection notice mentioned in paragraph(1)—

• (a) the clerk of court shall endorse the time and date on which it is received;

• (b) the court shall make an order under section 271A(5A) or 271C(5A) of the Act of 1995; and

• (c) the court shall order intimation of the hearing to be made to the parties.

• (3) The party that lodges the objection notice shall lodge a certificate of intimation with the clerk of court—

• (a) within 7 days after lodging the notice; or

• (b) where a diet mentioned in paragraph (4) has been fixed, at least 2 days before that diet,

whichever is earlier.

• (4) The diets are—

• (a) a first diet;

• (b) a preliminary hearing; or

• (c) a diet appointed in terms of section 271A(5A)(c) or 271C(5A)(c) of the Act of 1995.

Intimation of an order under section 271A

Intimation of an order under section 271C

Review of arrangements for vulnerable witnesses

Procedure for review

Intimation of the order

Notice of prohibition of personal conduct of defence

Application for prohibition of personal conduct of defence

Transfer of cases

Evidence in chief in form of prior statement

Appointment of commissioner

The commission

Video recording of commission

Custody of video recording and documents

Applications for leave for accused to be present at commission

Hearing of appeal presented in writing

19.18B

• (1) This rule applies to the hearing of an appeal where a case and argument has been lodged by the appellant in accordance with rule 19.18A(3).

• (2) At the hearing of the appeal—

• (a) the appellant’s case and argument and supporting documents 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;

• (c) the appellant may, subject to the control of the court, make supplementary comment to the case and argument;

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

• (e) the appellant is to answer any points raised by the court.

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

• (4) The appellant and the prosecutor have a duty to co-operate with each other and the court to ensure the completion of the hearing 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 must send a copy of the information and documents to the Clerk of the Sheriff Appeal Court and the prosecutor 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 the Sheriff Appeal Court must apply at the bar to allow it to be introduced or lodged, as the case may be.

Presentation of summary sentence appeal in writing

PARTIVA — APPEALS AND REFERRALS FROM SHERIFF APPEAL COURT

CHAPTER 19D — REFERRAL OF POINT OF LAW FOR OPINION OF THE HIGH COURT OF JUSTICIARY

Interpretation of this Chapter

19D.1

In this Chapter—

• “appeal document” has the meaning given by rule 19E.3(2);

• “reference” means a reference made by the Sheriff Appeal Court to the High Court for its opinion on a point of law under section 175A(1) of the Act of 1995.

Notice of intention to seek reference

19D.2

• (1) Where a party to the appeal proceedings applies to the Sheriff Appeal Court to make a reference, that party must give notice of intention to do so to the Clerk of the Sheriff Appeal Court and to every other party.

• (2) A record of that notice is to be entered in the minute of proceedings.

• (3) On receiving notice—

• (a) the court is to fix a diet at which parties may be heard on the application for a reference;

• (b) the Clerk of the Sheriff Appeal Court must give every party to the appeal proceedings notice of the date, time and place of the diet.

Reference proposed by the Sheriff Appeal Court on its own initiative

19D.3

• (1) Where the Sheriff Appeal Court proposes to make a reference on its own initiative, it is to fix a diet at which parties may be heard on the question of whether a reference should be made.

• (2) The Clerk of the Sheriff Appeal Court must give every party to the appeal proceedings notice of—

• (a) the intention of the court to make a reference; and

• (b) the date, time and place of the diet.

• (3) A record of that notice is to be entered in the minute of proceedings.

Preparation of a reference

19D.4

• (1) After hearing parties, where the court grants an application for a reference or decides to make a reference on its own initiative, the court is to—

• (a) give reasons for that decision and cause those reasons to be recorded in the minute of proceedings;

• (b) continue the proceedings from time to time as necessary for the purposes of the reference to the High Court.

• (2) The reference is to be drafted—

• (a) in Form 19D.4 unless the court directs otherwise;

• (b) in accordance with directions given by the court to the parties about the manner in which and by whom the reference is to be drafted and adjusted.

• (3) The reference may be further adjusted to take account of any adjustments required by the court.

• (4) After approval by the court, the Clerk of the Sheriff Appeal Court must transmit the reference to the Clerk of Justiciary, together with a certified copy of—

• (a) the minute of proceedings;

• (b) the complaint;

• (c) the appeal document.

Procedure before the High Court

19D.5

• (1) On receipt of a reference, the High Court may make such order as it thinks fit in order to determine the reference, and in particular it may—

• (a) order that the reference be intimated on any person appearing to the High Court to have an interest, including the Lord Advocate;

• (b) order parties to lodge written submissions in such form and on such matters as it considers appropriate;

• (c) fix a diet at which parties may be heard on the reference.

• (2) The Clerk of Justiciary must send to the Clerk of the Sheriff Appeal Court a certified copy of the opinion of the High Court on the reference, including any direction as to further procedure given in accordance with section 175A(3).

Procedure on receipt of opinion of the High Court

19D.6

• (1) When the Clerk of the Sheriff Appeal Court receives the opinion of the High Court, the clerk must lay the ruling before the Sheriff Appeal Court.

• (2) The Sheriff Appeal Court is then to give directions as to further procedure.

• (3) The Clerk of the Sheriff Appeal Court must give every party to the appeal proceedings—

• (a) notice of those directions;

• (b) a copy of the opinion of the High Court.

CHAPTER19E — APPEALS TO HIGH COURT OF JUSTICIARY

Forms for appeals

19E.1

• (1) A note of appeal under section 194ZC(1) of the Act of 1995 (appeals: applications and procedure) is to be in Form 19E.1–A.

• (2) The form of minutes of procedure in an appeal under section 194ZC(1) is to be in Form 19E.1–B.

Lodging of appeal

19E.2

• (1) The note of appeal is to be lodged with the Clerk of the Sheriff Appeal Court within the period specified in section 194ZB(4) of the Act of 1995, unless that period is extended by the High Court in accordance with section 194ZB(5).

• (2) On receipt of the note of appeal, the Clerk of the Sheriff Appeal Court must—

• (a) send a copy of the note to the respondent or the respondent’s solicitor;

• (b) where the judgment of the Sheriff Appeal Court appealed against is not available, obtain it from the Sheriff Appeal Court.

• (3) Within two weeks of receiving the note of appeal, the Clerk of the Sheriff Appeal Court must send—

• (a) the note of appeal, together with the documents specified in rule 19E.3(1), to the Clerk of Justiciary;

• (b) the judgment of the Sheriff Appeal Court appealed against to the appellant and respondent or their solicitors.

• (4) Paragraph (3)(b) does not apply if the judgment was available when the note of appeal was lodged.

• (5) The President of the Sheriff Appeal Court may, on cause shown, extend the period of two weeks specified in paragraph (3), and such an extension is to be in Form 19E.2.

Documents to be considered in determining an application for permission

19E.3

• (1) Where an application for permission is being considered and determined under section 194ZD of the Act of 1995, the following documents are specified for the purposes of section 194ZF(1)(c)(ii)—

• (a) the judgment of the Sheriff Appeal Court appealed against;

• (b) the minute of proceedings—

• (i) in the Sheriff Appeal Court;

• (ii) in the court in which the complaint was brought;

• (c) a certified copy of the complaint;

• (d) the appeal document;

• (e) any other relevant documents sent by the clerk of court to the Clerk of the Sheriff Appeal Court under section 179(8)(b) or section 186(4)(a);

• (f) any other documents that the Clerk of the Sheriff Appeal Court considers are relevant.

• (2) In paragraph (1), “appeal document” means the document or documents by which the appeal to the Sheriff Appeal Court was instituted, that is in an appeal under the provision mentioned in the first column of the following table, the document or documents mentioned in the second column—

Provision	Appeal document(s)
Section 32(1) or (2)	The notice of appeal and the report mentioned in section 32(3B)(b), unless the sheriff court has determined the appeal without the report in accordance with section 32(3H)(b)
Section 175(2)(a) or (d) or (3)	The stated case
Section 175(2)(b), (c) or (cza) or (4)	The note of appeal and the report mentioned in section 186(3)(b), unless the Sheriff Appeal Court has determined the appeal without the report in accordance with section 186(7)
Section 191	The bill of suspension or bill of advocation

• (3) Where an application for permission is being considered and determined under section 194ZE, the following documents are specified for the purposes of section 194ZF(1)(c)(ii)—

• (a) the documents specified in paragraph (1);

• (b) the reasons in writing given under section 194ZD(3)(a).

Solicitor entering appearance etc.

19E.4

• (1) The solicitor for the appellant or the appellant, if unrepresented, must enter appearance within 7 days after the Clerk of Justiciary intimates that permission has been given in accordance with section 194ZF(2)(a) of the Act of 1995.

• (2) Appearance is entered by lodging Form 19E.4–A with the Clerk of Justiciary.

• (3) Where an appellant is represented by a solicitor who does not practise in Edinburgh, that solicitor may appoint a solicitor who practises in Edinburgh to carry out the duties of solicitor for the appellant.

• (4) If there is a change in representation of an appellant, the new solicitor for the appellant or the appellant, if unrepresented, must lodge Form 19E.4–B with the Clerk of Justiciary within 7 days of that change in representation.

• (5) A change in representation occurs where—

• (a) an unrepresented appellant instructs a solicitor;

• (b) an appellant dismisses the appellant’s solicitor and—

• (i) instructs another solicitor; or

• (ii) intends to conduct the appeal in person.

List of appeals

19E.5

• (1) The Clerk of Justiciary must, after consultation with the Lord Justice General or the Lord Justice-Clerk, issue a list of appeals under section 194ZB of the Act of 1995 with the respective dates of hearing on the Justiciary Roll.

• (2) The Clerk of Justiciary must give the respective solicitors representing parties to an appeal listed in accordance with paragraph (1) at least 14 days’ notice of the date fixed for the hearing of the appeal.

Intimation of determination of appeal

19E.6

The Clerk of Justiciary must send the Clerk of the Sheriff Appeal Court a certified copy of the order under section 194ZH of the Act of 1995 disposing of an appeal under section 194ZB.

Abandonment of appeal

19E.7

• (1) A minute of abandonment under section 194ZJ of the Act of 1995 (abandonment of appeal) is to be in Form 19E.7.

• (2) When a minute of abandonment is lodged, the Clerk of Justiciary must inform the Clerk of the Sheriff Appeal Court that the appeal has been abandoned.

References in proceedings in the Sheriff Appeal Court

31.3A

• (1) Where a question is to be raised in the Sheriff Appeal Court in any proceedings, notice of intention to do so shall be given by the party raising the question.

• (2) Where such notice is given, a record of the notice shall be entered in the minute of proceedings.

• (3) The court may hear parties on the question forthwith or may adjourn the case to a specified date for such hearing.

• (4) After hearing parties, the court may determine the question or may decide that a preliminary ruling should be sought.

• (5) Where the court determines the question, it shall then make such order in respect of further procedure as it thinks fit.

Proceedings on appeal etc. to the High Court

Preparation of case for reference

Procedure on receipt of preliminary ruling

Appeals against references

Appeal to the Sheriff Appeal Court

CHAPTER 62 — REQUEST FOR FINAL DECISION AND REASONS

Application and interpretation of this Chapter

62.1

• (1) This Chapter applies where a request for qualifying information which falls within section6(7)(j) of the Victims and Witnesses (Scotland) Act 2014 is made to the Scottish Courts and Tribunals Service.

• (2) In this Chapter “qualifying information” has the meaning given by section 6(6) of the Victims and Witnesses (Scotland) Act 2014.

Form in which information to be provided

62.2

• (1) The clerk of the relevant court is to complete Part 1 of Form 62.2.

• (2) Where the information requested includes a request for any reasons for a final decision, the presiding judge is to complete Part 2 of Form 62.2.

• (3) When Form 62.2 is completed, the clerk is to give it to the Scottish Courts and Tribunals Service.

Application for leave to appeal

34.3A

• (1) When an application for leave to appeal is made under—

• (a) section 26 (appeal against extradition order);

• (b) section 28 (appeal against discharge at extradition hearing);

• (c) section 103 (appeal where case sent to Scottish Ministers); or

• (d) section 105 (appeal against discharge at extradition hearing),

of the Act of 2003, the Clerk of Justiciary must intimate the application to the sheriff clerk.

• (2) On intimation, the sheriff clerk must request a report from the presiding sheriff.

• (3) The sheriff is to comply with that request within 14 days of receiving it.

• (4) On receipt of the report from the sheriff the sheriff clerk must transmit that report together with two certified copies of the minutes of proceedings and any other relevant documents to the Clerk of Justiciary.

• (5) When an application for leave to appeal is made under—

• (a) section 108 (appeal against extradition order); or

• (b) section 110 (appeal against discharge by Scottish Ministers),

of the Act of 2003, the Clerk of Justiciary must request a report from the Scottish Ministers.

• (6) The Scottish Ministers are to comply with that request within 14 days of receiving it.

• (7) Upon receipt of the report from the sheriff or the Scottish Ministers, the Clerk of Justiciary must—

• (a) send a copy to the arrested person and the Crown Agent; and

• (b) fix a diet for the hearing of the application for leave to appeal.

• (8) At that diet the court may—

• (a) refuse leave to appeal;

• (b) grant leave to appeal and determine the appeal; or

• (c) grant leave to appeal and order that a further diet be fixed for hearing the appeal.

• (9) When leave to appeal is granted under paragraph (8)(c) the Clerk of Justiciary must fix a further diet for hearing the appeal.

Time limits

Applications for extension of time

Consent to extradition

Post-extradition matters

Part 3 warrants

Confiscation orders: certification

37AA.2A

• (1) A request by the prosecutor for a certificate under paragraph 7(1) of Schedule 1 to the 2014 Regulations must—

• (a) be made by minute prior to the making of a domestic confiscation order;

• (b) set out why the prosecutor considers that the property to which the application relates—

• (i) was used or was intended to be used for the purposes of an offence; or

• (ii) is the proceeds of an offence;

• (c) contain the specified information.

• (2) Where the court issues a certificate, it must—

• (a) do so in the form annexed to Council Framework Decision 2006/783/JHA of 6th October 2006 on the application of the principle of mutual recognition to confiscation orders;

• (b) provide in the domestic confiscation order for notice to be given in accordance with paragraph 7(4) of Schedule 1 to the 2014 Regulations.

• (3) In this rule, “domestic confiscation order” and “specified information” have the meanings given by paragraph 1 of Schedule 1 to the 2014 Regulations.

Compliance orders

37AA.2B

• (1) An application by the prosecutor for a compliance order is to be made in Form 37AA.2B–A.

• (2) When an application is lodged, the court must—

• (a) order intimation of the application to the accused;

• (b) appoint a hearing on the application.

• (3) A compliance order is to be in Form 37AA.2B–B.

Compliance orders: discharge and variation

37AA.2C

• (1) An application to discharge or vary a compliance order is to be made in Form 37AA.2C–A.

• (2) When an application is lodged, the court must—

• (a) order intimation of the application to—

• (i) the prosecutor, where the application is made by the accused;

• (ii) the accused, where the application is made by the prosecutor;

• (b) appoint a hearing on the application.

• (3) Where the court discharges or varies a compliance order, it is to do so in Form 37AA.2C–B.

• (4) An appeal under section 97D of the Act of 2002 is to be made by lodging a note of appeal in Form 37AA.2C–C.

• (5) When an appeal is lodged, the court must—

• (a) order intimation of the application to—

• (i) the prosecutor, where the accused is the appellant;

• (ii) the accused, where the prosecutor is the appellant;

• (b) appoint a hearing on the appeal.

Compliance orders: breach

37AA.2D

• (1) Where the prosecutor considers that an accused who is subject to a compliance order has failed to comply with it, the prosecutor must notify the court.

• (2) That notification is to be given in Form 37AA.2D–A.

• (3) A citation under section 97C(2)(b) of the Act of 2002 is to be in Form 37AA.2D–B.

• (4) Where the court revokes or varies a compliance order under section 97C(6) or (7), it is to do so in Form 37AA.2D-C.

Disposal of family home

Application for postponement

Statement of information

Initial period of adjustment

First procedural hearing

Second procedural hearing

Preparation for determination hearing

Hearing to check preparation

General provision on adjustment

Public holidays

Reconsideration of case, benefit or available amount

Variation or discharge of confiscation order

Time for payment

Hearings

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

CHAPTER 63 — SERIOUS CRIME PREVENTION ORDERS

Interpretation of this Chapter

63.1

• (1) In this Chapter—

• “the 2007 Act” means the Serious Crime Act 2007;

• “person who is the subject of a serious crime prevention order” is to be construed in accordance with section 1(6) of the 2007 Act;

• “serious crime prevention order” has the meaning given by section 1(5) of the 2007 Act;

• “subject” means the person who is the subject of a serious crime prevention order.

Serious crime prevention orders

63.2

• (1) An application by the Lord Advocate under section 22A of the 2007 Act (orders by High Court of Justiciary and sheriff on conviction) is to be in Form 63.2–A.

• (2) When an application is lodged, the court must—

• (a) order intimation of the application to the person who is the proposed subject;

• (b) appoint a hearing on the application.

• (3) A serious crime prevention order made under section 22A of the 2007 Act is to be in Form 63.2–B.

Variation or replacement of serious crime prevention orders

63.3

• (1) An application by the Lord Advocate under section 22B of the 2007 Act (powers of High Court and sheriff to vary orders on conviction) is to be made in Form63.3–A.

• (2) An application by the Lord Advocate under section 22C of the 2007 Act (powers of High Court and sheriff to vary or replace orders on breach) is to be made in Form63.3–B.

• (3) When an application under section 22B or 22C is lodged, the court must—

• (a) order intimation of the application to the subject;

• (b) appoint a hearing on the application.

• (4) Where the court grants an application under section 22B or 22C and varies a serious crime prevention order, the varied order is to be in Form63.3–C.

• (5) Where the court grants an application under section 22C and replaces a serious crime prevention order, the new order is to be in Form63.3–D.

Extension of serious crime prevention orders

63.4

• (1) An application by the Lord Advocate under section 22E of the 2007 Act (extension of orders pending outcome of criminal proceedings) is to be in Form63.4–A.

• (2) When an application is lodged, the court must—

• (a) order intimation of the application to the subject;

• (b) appoint a hearing on the application.

• (3) Where the court grants an application under section 22E and varies a serious crime prevention order, the varied order is to be in Form 63.4–B.

Notification of making or variation of order

63.5

• (1) This rule applies where a serious crime prevention order is—

• (a) made under section 22A of the 2007 Act;

• (b) varied under section 22B, 22C or 22E of the 2007 Act; or

• (c) replaced under section 22C of the 2007 Act.

• (2) Where the subject is present or represented at the hearing where the order is made, varied or replaced, the clerk of court must give a copy of the order or the variation to—

• (a) the subject;

• (b) any other person specified in the order or the variation.

• (3) Where the subject is not present or represented at the hearing where the order is made, varied or replaced, the Lord Advocate must give notice of the making, variation or replacement of the order on—

• (a) the subject;

• (b) any other person specified in the order or the variation.

• (4) Notice is to be given by serving a copy of the order, the variation or the replacement order in accordance with section 10(2) of the 2007 Act.

Instruction of representation

9A.3A

• (1) This rule applies apply where—

• (a) the accused has been cited to answer an indictment at a preliminary hearing in the High Court; and

• (b) a solicitor has given notification under section72F(1) of the Act of 1995 of having been engaged by the accused.

• (2) Where the accused is charged with murder, before the preliminary hearing the accused’s solicitor must,—

• (a) take reasonable steps to identify a selection of Queen’s Counsel who appear to be available to accept instructions to represent the accused;

• (b) inform the accused of the accused’s right to be represented by Queen’s Counsel;

• (c) give the accused a copy of Form 9A.3A-A; and

• (d) give the accused a summary of the selection referred to in subparagraph (a).

• (3) In any other case, before the preliminary hearing the accused’s solicitor must—

• (a) take reasonable steps to identify a selection of counsel who appear to be available to accept instructions to represent the accused;

• (b) give the accused a copy of Form 9A.3A-B; and

• (c) give the accused a summary of the selection referred to in subparagraph (a).

• (4) In this rule “Queen’s Counsel” means counsel holding the rank of Queen’s Counsel or Queen’s Counsel, Solicitor Advocate.

Written record of state of preparation

Proceedings at preliminary hearing

Applications for leave to appeal

Note of appeal

Abandonment of appeal

Supervision default orders

20.23

• (1) This rule applies where paragraph 8(2) or (4) of schedule 1 to the Crime (Sentences) Act 1997 (restricted transfers from England and Wales to Scotland) applies to a transfer to Scotland.

• (2) A supervision default order made under section 256AC(4)(c) of the 2003 Act (breach of supervision requirements) is to be in Form 20.23–A.

• (3) An application under paragraph 10(1) of schedule 19A of the 2003 Act (amendment or revocation of supervision default order) is to be in Form 20.23–B.

• (4) The citation of an offender to appear before the sheriff under the following enactments is to be in Form 20.23–C—

• (a) section 256AC(1)(a) of the 2003 Act;

• (b) section 256C(1)(a) of the 2003 Act;

• (c) paragraph 8(1)(a) of schedule 19A of the 2003 Act.

• (5) The citation of an offender to appear before the sheriff under paragraph 10(5) of schedule 19A of the 2003 Act (amendment or revocation of supervision default order: hearing) is to be in Form 20.23–D.

• (6) In this rule, “the 2003 Act” means the Criminal Justice Act 2003.

Written record of state of preparation

9.3A

• (1) A written record referred to in section 71C of the Act of 1995 (written record of state of preparation: sheriff court) shall be in Form 9.3A.

• (2) A written record under paragraph (1) must be lodged no later than two court days before the first diet and may be lodged by electronic means.

Procedure at first diet

Applications for leave to appeal

Note of appeal

Procedure on lodging note of appeal

Report of sheriff

Intimation of order postponing trial diet

Orders of appeal court

Abandonment of appeal

CHAPTER 64 — TRAFFICKING AND EXPLOITATION PREVENTION ORDERS

Interpretation

64.1

In this Chapter—

• “the 2015 Act” means the Human Trafficking and Exploitation (Scotland) Act 2015;

• “prosecutor” has the meaning given in section22 of the 2015 Act;

• “trafficking and exploitation prevention order” means an order made under section17 of the 2015 Act.

Trafficking and exploitation prevention order

64.2

A trafficking and exploitation prevention order is to be in Form64.2.

Variation, renewal or discharge of trafficking and exploitation prevention order

64.3

• (1) An application under section 22 of the 2015 Act for the variation, renewal or discharge of a trafficking and exploitation prevention order is to be made in Form 64.3.

• (2) When an application under paragraph(1) is lodged, the court must—

• (a) order intimation of the application—

• (i) in the case of an application by the person subject to the order, to the prosecutor and chief constable; or

• (ii) in the case of an application by the prosecutor, to the person subject to the order and to the chief constable;

• (b) appoint a hearing on the application; and

• (c) order intimation of the hearing to the persons referred to in sub-paragraph(a).

Representations by a third party claiming an interest in a vehicle, ship or aircraft

64.4

• (1) An application to make representations to the court under section 14(5) of the 2015 Act by a person who claims an interest in a vehicle, ship or aircraft shall be in Form64.4.

• (2) The court may fix a diet for considering representations mentioned in paragraph(1).

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

• (a) the representations and the diet to—

• (i) the person convicted on indictment of the offence of human trafficking;

• (ii) any other person from whose possession the vehicle, ship or aircraft was taken; and

• (b) the diet to the person claiming an interest.

CHAPTER 65 — PSYCHOACTIVE SUBSTANCES ACT 2016

Interpretation of this Chapter

65.1

• (1) In this Chapter—

• “the 2016 Act” means the Psychoactive Substances Act 2016;

• “forfeiture order” has the meaning given by section 54(5) of the 2016 Act;

• “premises order” has the meaning given by section 20(2) of the 2016 Act;

• “prohibition order” has the meaning given by section 17(1) of the 2016 Act;

• “subject” means the person against whom the prohibition order or the premises order has been made.

Prohibition orders

65.2

A prohibition order made under section 19 of the 2016 Act (prohibition orders following conviction) is to be in Form 65.2.

Variation or discharge of orders

65.3

• (1) An application under section 28 of the 2016 Act (variation and discharge on application) for the variation or discharge of a prohibition order which was made under section 19 of the 2016 Act is to be made in Form 65.3—A.

• (2) When an application is lodged, the court must—

• (a) order intimation of the application to the subject, where the application is made by a person other than the subject;

• (b) order intimation of the application to the Lord Advocate or procurator fiscal, where the application is made by a person other than the Lord Advocate or procurator fiscal;

• (c) order intimation of the application to any other person who the court considers may have an interest in the prohibition order; and

• (d) appoint a hearing on the application.

• (3) Where the court varies or discharges a prohibition order under section 28 or section 29 of the 2016 Act, it is to do so in Form 65.3—B.

• (4) Where the court varies a premises order under section 29 of the 2016 Act (variation following conviction), it is to do so in Form 65.3—C.

Notification of making, variation or discharge of orders

65.4

• (1) This rule applies where—

• (a) a prohibition order is made under section 19 of the 2016 Act;

• (b) a prohibition order is discharged under section 28 of the 2016 Act;

• (c) a prohibition order is varied under section 28 or section 29 of the 2016 Act; or

• (d) a premises order is varied under section 29 of the 2016 Act.

• (2) The clerk of court must give a copy of the order, variation or discharge to—

• (a) the subject;

• (b) any other person specified in the order, variation or discharge; and

• (c) the court that made the prohibition order or premises order, where that order was made by a court other than the court varying or discharging it.

• (3) The clerk of court may give a copy of the order by—

• (a) delivering it in person; or

• (b) sending it by recorded delivery.

Forfeiture orders

65.5

A forfeiture order is to be in Form 65.5.

Forfeiture orders: representations

65.6

• (1) This rule applies where the court is considering making a forfeiture order in relation to an item that was used in the commission of an offence.

• (2) In this rule, “convicted person” means a person who has been convicted of an offence to which section 54 of the 2016 Act applies.

• (3) The court must appoint a hearing at which a forfeiture order may be made.

• (4) The clerk of court must intimate the date and time of that hearing to—

• (a) the convicted person;

• (b) the owner of the item (where known); and

• (c) any other person who the court considers may have an interest in the item.

• (5) The court must give the convicted person and any person who claims to be the owner of, or has an interest in, the item an opportunity to make representations before a forfeiture order is made.

• (6) Those representations must—

• (a) be made in Form 65.6; and

• (b) be sent to the court by such date as the court directs.

Remedial and Remediation Orders

Variation of orders

Appeal to the Sheriff Appeal Court

37AA.11

• (1) An appeal to the Sheriff Appeal Court under section 336B(8) (proceedings under section 336A: supplementary) of the Act of 2002 is to be made by lodging a note of appeal in Form 37AA.11-A.

• (2) When an appeal is lodged, the court must—

• (a) order intimation of the appeal to—

• (i) the senior officer and any interested person other than the appellant, where an interested person is the appellant; or

• (ii) any interested person, where the senior officer is the appellant; and

• (b) appoint a hearing on the appeal.

• (3) An appeal to the Sheriff Appeal Court under section 339ZJ(1) (appeals) of the Act of 2002 is to be made by lodging a note of appeal in Form 37AA.11-B.

• (4) When an appeal is lodged the court must—

• (a) order intimation of the appeal to—

• (i) the procurator fiscal and any other person who was a party to the proceedings on the application, where a respondent to the proceedings on the application is the appellant; or

• (ii) any respondent to the proceedings on the application, where the procurator fiscal is the appellant; and

• (b) appoint a hearing on the appeal.

Appeal to the Sheriff Appeal Court

43.3

• (1) An appeal to the Sheriff Appeal Court under section 22D(1) (appeals) of the Act of 2000 is to be made by lodging a note of appeal in Form 43.3.

• (2) When an appeal is lodged, the court must—

• (a) order intimation of the appeal to—

• (i) the law enforcement officer and any other person who was a party to the proceedings on the application, where a respondent to the proceedings on the application is the appellant; or

• (ii) any respondent to the proceedings on the application, where the law enforcement officer is the appellant; and

• (b) appoint a hearing on the appeal.

CHAPTER 66 — REVIEW OF LIBERATION CONDITIONS AND AUTHORISATION FOR QUESTIONING

Interpretation of this Chapter

66.1

In this Chapter—

• “the 2016 Act” means the Criminal Justice (Scotland) Act 2016;

• “intimate” includes intimation by electronic means (and “intimation” is construed accordingly).

Review of investigative liberation conditions

66.2

• (1) An application under section19(1) of the 2016 Act (review of conditions) is to be made in Form66.2–A.

• (2) On receipt of an application under paragraph(1) the court must—

• (a) appoint a hearing on the application to take place in private within 7 days of the date of receipt of the application;

• (b) intimate the application and the date of the hearing to the procurator fiscal; and

• (c) intimate the date of the hearing to the applicant.

• (3) The applicant must be personally present at the hearing.

• (4) An order to remove a condition or to impose an alternative condition is to be made in Form66.2–B.

Review of undertaking conditions

66.3

• (1) An application under section 30(1) of the 2016 Act (review of undertaking) is to be made in Form 66.3–A.

• (2) On receipt of an application under paragraph (1) the court must—

• (a) appoint a hearing on the application to take place in private within 7 days of the date of receipt of the application;

• (b) intimate the application and the date of the hearing to the procurator fiscal; and

• (c) intimate the date of the hearing to the applicant.

• (3) The applicant must be personally present at the hearing.

• (4) An order to remove a condition or to impose an alternative condition is to be made in Form66.3–B.

Authorisation for questioning

66.4

• (1) When made in writing, an application under section 36(1) of the 2016 Act (authorisation: further provision) is to be made in Form66.4–A.

• (2) Before granting an application under section 36(1) of the 2016 Act (whether made in writing or not) the court must appoint a hearing to take place in private.

• (3) Where section 35(5) of the 2016 Act (authorisation for questioning) applies the court must—

• (a) order intimation of the application to the person to be questioned; and

• (b) give the person to be questioned an opportunity to make representations at the hearing fixed under Rule 66.4(2).

• (4) Where the court grants an application for authorisation for questioning under section35 of the 2016 Act (whether made orally or in writing) the authorisation is to be in Form 66.4–B.

CHAPTER 67 — EUROPEAN INVESTIGATION ORDERS

Interpretation of this Chapter

67.1

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

Application for a European investigation order

67.2

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

Variation or revocation of a European investigation order

67.3

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

Citation for proceedings before a nominated court

67.4

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

Proceedings before a nominated court

67.5

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

Time periods

67.6

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

Form of warrant giving effect to European investigation order

67.7

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

Application to revoke or vary a search warrant or to authorise the release of evidence

67.8

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

Application to vary or revoke a customer information order or an account monitoring order

67.9

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

Provision of interpreters

67.10

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

Court record of proceedings before a nominated court

67.11

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

CHAPTER 68 — APPROVAL OF SENTENCING GUIDELINES

Interpretation of this Chapter

68.1

In this Chapter “the Council” means the Scottish Sentencing Council within the meaning of section 1 of the Criminal Justice and Licensing (Scotland) Act 2010.

Application for approval of sentencing guidelines

68.2

• (1) An application by the Council for approval by the High Court of sentencing guidelines is to be made in Form 68.2.

• (2) On receipt of an application made under paragraph(1), the High Court must appoint a diet for the consideration of the application to take place as soon as practicable.

Consideration and determination of an application

68.3

• (1) On receipt of an application made under rule 68.2(1), the High Court may request such further information from the Council as it considers necessary.

• (2) If the High Court is considering either—

• (a) approving the proposed guidelines, in part or with modifications; or

• (b) rejecting the proposed guidelines, in whole or in part,

it must intimate to the Council that it is considering such a course of action.

• (3) The Council may submit to the High Court a written response to the intimation made under paragraph (2) within a period of 8 weeks from the date of receipt of the intimation.

• (4) Approval or rejection of the proposed guidelines by the High Court must take place in open court.

• (5) The court must be chaired by the Lord Justice General, whom failing the senior judge of the High Court.

• (6) The court cannot include a judge who is a member of the Council.

CHAPTER69 — LABOUR MARKET ENFORCEMENT ORDERS

Interpretation of this Chapter

69.1

In this Chapter—

• “the 2016 Act” means the Immigration Act 2016;

• “enforcing authority” has the meaning given by section 14 of the 2016 Act;

• “labour market enforcement order” has the meaning given by section 18 of the 2016 Act;

• “trigger offence” has the meaning given by section 14 of the 2016 Act.

Variation and discharge of a labour market enforcement order

69.2

• (1) An application under section 23 of the 2016 Act for variation or discharge of a labour market enforcement order made under section 20 of that Act is to be made in Form 69.2.

• (2) When an application under section 23 of the 2016 Act is lodged, the court must—

• (a) appoint a hearing on the application; and

• (b) order intimation of the application—

• (i) where the application is made by the respondent to the original order made under section 20 of the 2016 Act, on the enforcing authority whose officer conducted the investigation which resulted in the prosecution of the respondent for the trigger offence; or

• (ii) where the application is made by the enforcing authority whose officer conducted the investigation which resulted in the prosecution of the respondent for the trigger offence, on the respondent to the original order made under section 20 of the 2016 Act.

• (3) Where an application referred to in paragraph (1) is made in respect of a labour market enforcement order which was made by the High Court of Justiciary and which has not subsequently been varied in the sheriff court—

• (a) the sheriff clerk with whom the application is lodged is to notify the Clerk of Justiciary; and

• (b) the Clerk of Justiciary is,

• (i) not later than 4 days after receipt of such notification, to send a certified copy of the indictment and of the labour market enforcement order to the sheriff clerk of the court in which the application is made; and

• (ii) not later than 21 days after receipt of such notification, to obtain a report from the judge who made the labour market enforcement order in respect of which variation or discharge is sought and send that report to the sheriff clerk of the court in which the application is made.

• (4) Where the judge’s report as mentioned in paragraph (3)(b)(ii) above is not furnished within the period specified in that provision, the sheriff may hear and determine the application without the report.

Appeals

69.3

• (1) An appeal to the Sheriff Appeal Court under section 24(1)(b) of the 2016 Act against the making of, or refusal to make, an order under section 23 varying or discharging a labour market enforcement order made under section 20 is to be made by note of appeal in Form 69.3.

• (2) The note of appeal is to be lodged no later than 7 days after the decision appealed against with the clerk of the court from which the appeal is to be taken.

• (3) On receipt of the note of appeal the clerk of court must send a copy of the note to the respondent in the appeal or to the respondent’s solicitor, and obtain a report from the sheriff who made the decision appealed against.

• (4) Subject to paragraph (5), the clerk of court must no later than 14 days after the decision against which the appeal is taken—

• (a) send to the Clerk of the Sheriff Appeal Court the note of appeal, together with the report mentioned in paragraph (3) above, the minute of proceedings and any other relevant documents; and

• (b) send copies of that report to the appellant and respondent in the appeal or to their solicitors.

• (5) The sheriff principal of the sheriffdom in which the judgment was pronounced may, on cause shown, extend the period of 14 days specified in paragraph (4) above for such period as the sheriff principal considers reasonable.

• (6) Where the sheriff’s report as mentioned in paragraph (3) above is not furnished within the period mentioned in paragraph(4) above, or such period as extended under paragraph (5) above, the Sheriff Appeal Court may extend such period, or, if it thinks fit, hear and determine the appeal without the report.

• (7) For the purposes of hearing and determining any appeal under this rule three of the Appeal Sheriffs is a quorum of the Sheriff Appeal Court, and the determination of any question under this rule by the court is to be according to the votes of the majority of the members of the court sitting, including the presiding Appeal Sheriff, and each Appeal Sheriff so sitting is entitled to pronounce a separate opinion.

• (8) Rule 19.14 (list of appeals) and rule 19.16 (intimation of determination of appeal) of Chapter 19 (Appeals from Summary Proceedings) apply to any appeal made under this Chapter.

Interim orders

Representations

CHAPTER 70 — CHALLENGES TO VALIDITY OF EU INSTRUMENTS (EU EXIT)

Interpretation and application

70.1

• (1) In this Chapter—

• “the 2019 Regulations” means the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019;

• “EU instrument” has the meaning provided in schedule 1 of the Interpretation Act 1978;

• “other proceedings” means criminal proceedings, including bills of advocation and bills of suspension, which are not solemn proceedings or summary proceedings to which regulation 3 of the 2019 Regulations applies;

• “solemn proceedings” means any such proceedings to which regulation 3 of the 2019 Regulations applies;

• “summary proceedings” means any such proceedings to which regulation 3 of the 2019 Regulations applies;

• “TFEU” means the Treaty on the Functioning of the European Union including the Protocols thereto;

• “the relevant UK authorities” has the meaning provided by regulation 2 of the 2019 Regulations.

• (2) This Chapter applies to challenges to the validity of an EU instrument, as provided for by regulation 3 of the 2019 Regulations.

Declarations from the court in solemn or summary proceedings that an EU instrument was invalid – notices

70.2

• (1) This rule applies to solemn and summary proceedings.

• (2) Where a party to solemn or summary proceedings seeks a declaration from the court that an EU instrument was invalid on any of the grounds set out in the second paragraph of Article 263 TFEU as it has effect immediately before IP completion day, or the court is considering whether to make such a declaration at its own instance in the proceedings—

• (a) notice in Form 70.2-A is to be given to the relevant UK authorities no later than 21 days, or such other period as the court may direct, before the date on which the declaration is to be made—

• (i) by the party seeking the declaration; or

• (ii) by the clerk of court,

as the case may be; and

• (b) where notice is given by the party seeking the declaration, the party must lodge a certificate of notification with the court.

Relevant UK authorities joining solemn or summary proceedings

70.3

Where any of the relevant UK authorities wish to be joined as a party to solemn or summary proceedings they must give notice to that effect in Form 70.3-A to the clerk of court and must serve a copy of the notice on all other parties in the proceedings.

Declarations from the court in other proceedings that an EU instrument was invalid – notices

70.4

• (1) This rule applies to other proceedings.

• (2) Where a party to other proceedings seeks a declaration from the court that an EU instrument was invalid on any of the grounds set out in the second paragraph of Article 263 TFEU as it has effect immediately before IP completion day, or the court is considering whether to make such a declaration at its own instance in the proceedings—

• (a) the issue must be raised as a point of law in the pleadings;

• (b) notice in Form 70.2-A is to be given to the relevant UK authorities no later than 21 days, or such other period as the court may direct, before the date on which the declaration is to be made—

• (i) by the party seeking the declaration; or

• (ii) by the clerk of court,

as the case may be; and

• (c) where notice is given by the party seeking the declaration, the party must lodge a certificate of notification with the court.

Relevant UK authorities joining other proceedings

70.5

Where any of the relevant UK authorities wish to be joined as a party to other proceedings they must give notice to that effect in Form 70.3-A to the clerk of court and must serve a copy of the notice on all other parties in the proceedings.

Arrest under provisional warrant or provisional arrest without warrant

CHAPTER 71 — ELECTRONIC MONITORING REQUIREMENT UNDER THE MANAGEMENT OF OFFENDERS (SCOTLAND) ACT 2019

71.1

An order making a requirement under section 1(1) of the Management of Offenders (Scotland) Act 2019 is made in Form 71.1.

CHAPTER72 — OVERSEAS PRODUCTION ORDERS

Interpretation of this Chapter

72.1

In this Chapter—

• “the 2019 Act” means the Crime (Overseas Production Orders) Act 2019 and references to terms defined in section 18(1) of that Act (interpretation) have the same meaning here as given there;

• “any person affected by the order” includes, where section 12 of the 2019 Act (notice of application for order: journalistic data) applies, those mentioned in section 12(3) other than those whom a judge has directed that notice need not be served on under section12(4) of that Act;

• “equivalent appropriate officer” has the meaning given by section 7(7) of the 2019 Act (equivalent appropriate officer for variation or revocation of order);

• “journalistic data” has the meaning given by section 12 of the 2019 Act;

• “relevant persons” means the persons who may apply for variation or revocation of an overseas production order under section 7(2)(b) and (d) of the 2019 Act (applicants for variation or revocation of order).

Application for an overseas production order

72.2

• (1) An application under section 1 of the 2019 Act (making of overseas production order on application) must be made in Form 72.2.

• (2) When an application under paragraph (1) is lodged, the court may—

• (a) subject to section 12 of the 2019 Act dispense, on cause shown, with intimation to any other person and proceed to consider the application;

• (b) fix a date for hearing the application and, subject to section 12(4) of the 2019 Act (judicial direction that application need not be served), order intimation of the diet and application to—

• (i) the person against whom the overseas production order is sought; and

• (ii) where applicable, the person mentioned in section12(3)(b) of the 2019 Act (persons on whom application must be served); or

• (c) fix a date for hearing the application and order intimation of the diet and application to the persons mentioned in sub-paragraph (b) and, on special cause shown, dispense meantime with intimation of the schedule of the application.

• (3) The proceedings must be in private.

Disapplication of effects of notice of application or a non-disclosure requirement

72.3

• (1) An application under sections 8(2)(a) (disapplication of non-disclosure requirement) or 13(2)(a) (disapplication of duty under section 13(1)) of the 2019 Act must be made in Form 72.3.

• (2) The court must order intimation of the application to the appropriate officer.

• (3) The appropriate officer must, within seven days of intimation of the application, notify the clerk of court in writing whether or not the application is opposed.

• (4) Where the appropriate officer notifies the clerk of court that the application is not opposed, the court must proceed to dispose of the application and may do so in the absence of the applicant.

• (5) Where the appropriate officer notifies the clerk of court that the application will be opposed, the clerk of court must arrange a hearing at which the parties may appear or be represented.

• (6) The proceedings must be in private.

• (7) The clerk of court must give notice in writing of the decision of the court on an application referred to in paragraph (1) to the applicant and the appropriate officer.

Variation or revocation of an overseas production order

72.4

• (1) An application under section 7 of the 2019 Act (variation or revocation of order) must be made in Form 72.4.

• (2) When an application under paragraph (1) is lodged, subject to sections8 (inclusion of non-disclosure requirement in order) and 12 (notice of application for order: journalistic data) where applicable, the court may—

• (a) dispense, on cause shown, with intimation to any relevant persons and proceed to consider the application;

• (b) fix a date for hearing the application and order intimation of the diet and application to—

• (i) the Lord Advocate and any person affected by the order, where the appropriate officer who applied for the order or an equivalent appropriate officer is seeking to vary or revoke it;

• (ii) the appropriate officer who applied for the overseas production order or an equivalent appropriate officer and any person affected by the order, where the Lord Advocate or the procurator fiscal, as the case may be, is seeking to vary or revoke it; or

• (iii) the appropriate officer who applied for the overseas production order or an equivalent appropriate officer, the Lord Advocate and any person (other than the applicant) affected by the order, as the case may be, where a person affected by the order is seeking to vary or revoke it; or

• (c) fix a date for hearing the application and order intimation of the diet and application to the persons specified in sub-paragraph (b) and, on special cause shown, dispense meantime with intimation of the schedule of the application.

• (3) The proceedings must be in private.

CHAPTER 73 — SEXUAL HARM PREVENTION ORDERS UNDER THE ABUSIVE BEHAVIOUR AND SEXUAL HARM (SCOTLAND) ACT 2016

Interpretation

73.1

In this Chapter—

• “the 2016 Act” means the Abusive Behaviour and Sexual Harm (Scotland) Act 2016;

• “sexual harm prevention order” means an order under section 11 (making of order on dealing with person for offence) of the 2016 Act.

Sexual harm prevention orders

73.2

A sexual harm prevention order is made in Form 73.2.

Variation, renewal or discharge of sexual harm prevention orders

73.3

An application for the variation, renewal or discharge of a sexual harm prevention order under section 20 (variation, renewal and discharge) of the 2016 Act is made in Form73.3.

Notice under section 11(6) or section 20(8) of the 2016 Act

73.4

Notice under section 11(6) or section 20(8) (wish for a hearing to be held) of the 2016 Act is to be given to the court not later than seven days after the intention of the court to consider making, or (as the case may be) varying, renewing or discharging, a sexual harm prevention order is intimated to the person against whom the order would be made or its proposed subject.

Form of a relevant order

58.1A

A relevant order is to be made in Form 58.1A.

Discharge or variation of a relevant order

58.1B

An application under section 1A(5) of the 1953 Act to discharge or vary a relevant order is to be made in Form 58.1B.

Appeals against a refusal to discharge or vary a relevant order

58.1C

An appeal to the Sheriff Appeal Court under section 1A(6) of the 1953 Act against the refusal in whole, or in part, to make an order under section 1A(5) of that Act is to be made—

• (a) not later than 7 days after the date of the decision appealed against;

• (b) by lodging with the clerk of the court from which the appeal is to be taken a note of appeal in Form58.1C.

Hearing and intimation

58.1D

On an application or appeal being lodged the court must—

• (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.

Application for discharge of disqualification

Appeal to the Sheriff Appeal Court

Hearing and intimation

Keeping a child participant in proceedings informed

6.1A

Where a child is participating in proceedings, the court shall keep the child informed as to what is happening in simple language suitable to the child’s age and understanding.

Application of summary procedure

Assistance for unrepresented child

Procedure in summary proceedings

Failure to comply with probation order

Separation of children at sittings

Restrictions on reports of proceedings involving children

Intimation of ... devolution issues to the Advocate General

UNCRC compatibility issue – intimation and intervention

40.8A

• (1) Where a party raises a UNCRC compatibility issue in accordance with rules 40.2, 40.3 or 40.4 a copy of the document in which it is raised shall be intimated to the Commissioner for Children and Young People in Scotland and the Scottish Commission for Human Rights.

• (2) An intervention by any of those receiving intimation under paragraph (1) shall be by succinct written submission which (including any appendices) does not exceed 2000 words.

• (3) The written submission shall be lodged with the clerk of court and served on the other parties, no later than 48 hours before the hearing or diet at which the UNCRC compatibility issue is to be considered by the court, except on cause shown.

• (4) The court may in exceptional circumstances—

• (a) allow a longer written submission to be made;

• (b) direct that an oral submission is to be made.

Appeals to the Supreme Court

Reference of compatibility issues and devolution issues to the Supreme Court

Orders pending determination of compatibility issues or devolution issues

Procedure on receipt of determination of compatibility issue or devolution issue

Procedure following determination of an appeal by the Supreme Court

Orders mitigating the effect of certain decisions

Declarations and declarators

Applications for orders

Recall, discharge and variation of orders

43.3

• (1) An application under the following provisions is to be made by petition—

• (a) paragraph 24(3) of Schedule 5A of the 2000 Act (discharge or variation of disclosure orders);

• (b) paragraph 4(1) of Schedule 6A of the 2000 Act (discharge or variation of account monitoring orders);

• (c) paragraph 14(1) of Schedule 3 of the 2023 Act (discharge or variation of disclosure orders);

• (d) paragraph 4(1) of Schedule 4 of the 2023 Act (discharge or variation of customer information orders);

• (e) paragraph 3(1) of Schedule 5 of the 2023 Act (discharge or variation of account monitoring orders).

• (2) The relevant court may make an order sought in an application under—

• (a) paragraph 24(3)(a) of Schedule 5A of the 2000 Act (discharge or variation of disclosure orders);

• (b) paragraph 4(1)(a) of Schedule 6A of the 2000 Act (discharge or variation of account monitoring orders);

• (c) paragraph 14(1)(a) of Schedule 3 of the 2023 Act (discharge or variation of disclosure orders);

• (d) paragraph 4(1)(a) of Schedule 4 of the 2023 Act (discharge or variation of customer information orders);

• (e) paragraph 3(1)(a) of Schedule 5 of the 2023 Act (discharge or variation of account monitoring orders),

before intimation of the application to the person who is subject to the order or appears to that court to be affected by the order.

• (3) Paragraphs (4) to (6) apply to an application to recall or vary an order made under—

• (a) paragraph 22 of Schedule 5 of the 2000 Act (production orders);

• (b) paragraph 30 of Schedule 5 of the 2000 Act (explanation orders);

• (c) paragraphs 19 and 20 of Schedule 2 of the 2023 Act (production orders);

• (d) paragraph 26 of Schedule 2 of the 2023 Act (explanation orders).

• (4) An application to recall or vary an order mentioned in paragraph (3)—

• (a) is to be made by petition; and

• (b) may be made by—

• (i) a person subject to an order;

• (ii) the procurator fiscal.

• (5) Subject to paragraph (6), the sheriff must, within 48 hours of an application being lodged, appoint a hearing and order intimation of the application and hearing to—

• (a) the procurator fiscal, where the application is made by a person subject to the order;

• (b) the person subject to the order, where the application is made by the procurator fiscal.

• (6) Where the sheriff directs on grounds of urgency, the sheriff may dispense with intimation under paragraph (5)(b).

Applications for warrants

43.4

• (1) A written application for a warrant or extension of a warrant, under the following provisions is to be made by petition—

• (a) section 42(1) of the 2000 Act (search warrant for the purpose of checking if a terrorist suspect is at premises);

• (b) section 43D(1) of the 2000 Act (search of premises of offender released on licence for purposes connected with protection from risk of terrorism);

• (c) paragraphs 28(1) (search warrant for the purpose of a terrorist investigation) and 31A(2) (warrant authorising the retention of confidential journalistic material) of Schedule 5 of the 2000 Act;

• (d) paragraphs 29(1) (warrants of further detention) and 36(1) (extension of further detention warrants) of Schedule 8 of the 2000 Act;

• (e) paragraphs 25(1) (warrants for the search, seizure and retention of material if a production order is not complied with) and 28(2) (warrant authorising the retention of confidential journalistic material) of Schedule2 of the 2023 Act;

• (f) paragraphs 37(1) (warrants of further detention) and 44(1) (extensions of further detention warrants) of Schedule 6 of the 2023 Act;

• (g) paragraph 8(1) (search warrant for compliance purposes with Part 2 notice) of Schedule 11 of the 2023 Act.

Appeal to the Sheriff Appeal Court

43.5

• (1) An appeal to the Sheriff Appeal Court under section 22D(1) of the 2000 Act (appeals) is to be made by lodging a note of appeal in Form 43.5.

• (2) When an appeal is lodged, the court must—

• (a) order intimation of the appeal to—

• (i) the law enforcement officer and to any other person who was a party to the proceedings on the application, where a respondent to the proceedings on the application is the appellant; or

• (ii) any respondent to the proceedings on the application, where the law enforcement officer is the appellant; and

• (b) appoint a hearing on the appeal.