Explanatory note

This Act of Adjournal inserts a new Chapter 68 (Approval of Sentencing Guidelines) into the Criminal Procedure Rules 1996.

Paragraph 2(2) inserts the new Chapter.

New rule 68.2 prescribes the form in which an application by the Scottish Sentencing Council (“the Council”) for approval by the High Court of sentencing guidelines is to be made. On receipt of the application the High Court is to fix, as soon as practicable, a diet for consideration of the application.

New rule 68.3 provides that the High Court can request further information from the Council. If the High Court is considering either approving the proposed guidelines, in part or with modifications, or is considering rejecting the proposed guidelines, in whole or in part, it must intimate to the Council that it is considering such a course of action. On receipt of such intimation, the Council has a period of 8 weeks in which to respond to the High Court. Approval or rejection of the proposed guidelines must take place in open court. The diet is to be chaired by the Lord Justice General, whom failing the senior judge of the High Court. The court cannot include a judge who is a member of the Council.

Paragraph 2(3) prescribes the form of petition (Form 68.2) which the application to the High Court must take.

This Act of Adjournal comes into force on 4th September 2018.