Rule 2 Amendment of the Criminal Procedure Rules 1996

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

In Chapter 37AA (proceedings under the Proceeds of Crime Act 2002)^f2—

For Chapter 43 (Terrorism Act 2000 and Anti-Terrorism, Crime and Security Act 2001)^f8 substitute—

“CHAPTER 43

TERRORISM AND NATIONAL SECURITY

Interpretation

43.1.

In this Chapter—

• “the 2000 Act” means the Terrorism Act 2000^f9;

• “the 2023 Act” means the National Security Act 2023^f10;

• “law enforcement officer” has the meaning given by section 22B(14)^f11 of the 2000 Act (information orders);

• “relevant court” means the High Court of Justiciary or the sheriff court.

Applications for orders

43.2.

(1)

An application under the following provisions of the 2000 Act is to be made by petition—

(a)

section 22B(1) (information orders);

(b)

paragraph 22(1) of Schedule 5 (production orders);

(c)

paragraph 30(1) of Schedule 5 (explanation orders);

(d)

paragraph 19(1) of Schedule 5A (disclosure orders)^f12;

(e)

paragraph 2(b) of Schedule 6 (customer information orders);

(f)

paragraph 2(1) of Schedule 6A (account monitoring orders)^f13.

(2)

An application under the following provisions of the 2023 Act is to be made by petition—

(a)

paragraphs 19(1) and 20(1) of Schedule 2 (production orders);

(b)

paragraph 26(1) of Schedule 2 (explanation orders);

(c)

paragraph 11(1) of Schedule 3 (disclosure orders);

(d)

paragraph 1(1) of Schedule 4 (customer information orders);

(e)

paragraph 1(1) of Schedule 5 (account monitoring orders).

(3)

The sheriff may make the order sought in an application mentioned in paragraph (1)(b), (c) or (e) before intimation of that application to the person—

(a)

who appears to be in possession of information to which the application relates;

(b)

who is the subject of the order that was applied for.

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)^f14;

(c)

paragraphs 28(1) (search warrant for the purpose of a terrorist investigation) and 31A(2) (warrant authorising the retention of confidential journalistic material)^f15 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^f16;

(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 Schedule 2 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)^f17 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.”.

In the appendix—