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Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2019

S.S.I. 2019/321 · Made 10 October 2019

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

High Court Of Justiciary

Sheriff Court

Made 10th October 2019

Laid before the Scottish Parliament 15th October 2019

Coming into force 13th November 2019

The High Court of Justiciary makes this Act of Adjournal under the powers conferred by section 305 of the Criminal Procedure (Scotland) Act 1995f1 and all other powers enabling it to do so.

Annotations to the whole text

Footnotes

f1

1995 c.46. Section 305 was amended by section 111(1) of the Criminal Justice (Scotland) Act 2016 (asp 1) and S.S.I. 2015/338, and was extended by section 386(3)(a) of the Proceeds of Crime Act 2002 (c.29), section 36A(4) of the Serious Crime Act 2007 (c.27), and section 32(5) of the Psychoactive Substances Act 2016 (c.2).

Contents

  1. 1Citation and commencement, etc.
  2. 2Amendment of the Criminal Procedure Rules 1996
  3. Signature
  4. Explanatory note

1Citation and commencement, etc.

(1)

This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2019.

(2)

It comes into force on 13th November 2019.

(3)

A certified copy is to be inserted in the Books of Adjournal.

2Amendment of the Criminal Procedure Rules 1996

(1)

The Criminal Procedure Rules 1996f1 are amended in accordance with this paragraph.

(2)

In Chapter 14 (procedure at trial in solemn proceedings)f2 in rule 14.1A(1) (minimum number of jurors for balloting jury)f3 for “in the court” substitute “, whether in the courtroom in which the trial is to proceed or assembled elsewhere within the court building,”.

(3)

In Chapter 33 (legal aid)f4—

(a)

in the cross-heading of rule 33.6 (intimation of appointment of solicitor by court in proceedings in respect of sexual offence)f5 for “proceedings in respect of sexual offence” substitute “certain proceedings”;

(b)

in rule 33.6 for “proceedings in respect of sexual offence” substitute “such cases”.

Signature

CJM SUTHERLAND

Lord Justice General

I.P.D.

Edinburgh

10th October 2019

Explanatory note

(This note is not part of the Act of Adjournal)

This Act of Adjournal amends Chapter 14 (procedure at trial in solemn proceedings) and Chapter 33 (legal aid) of the Criminal Procedure Rules 1996.

Paragraph 2(2) amends rule 14.1A(1) to provide that the requirement that there be at least 30 jurors present for balloting of the jury to commence is fulfilled whether the jurors are in the courtroom or assembled elsewhere in the court building.

Paragraph 2(3) amends the cross-heading and text of rule 33.6 to reflect the fact that the rule applies to a range of proceedings, and not just to proceedings in respect of a sexual offence.

This Act of Adjournal comes into force on 13th November 2019.