{
  "url": "https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/paragraph-40.12",
  "json_url": "https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/paragraph-40.12.json",
  "legislation": "uksi/1996/513",
  "legislation_title": "Act of Adjournal (Criminal Procedure Rules) 1996",
  "legislation_url": "https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996",
  "path": "schedule/2/paragraph/40.12",
  "kind": "paragraph",
  "number": "40.12",
  "heading": "Orders pending determination of compatibility issues or devolution issues",
  "text": "(1) Where a court makes a reference mentioned in rule 40.10 or rule 40.11 it may make such orders as it considers just and equitable in the circumstances pending the determination of the compatibility issue or devolution issue.\n(1A) Where an appeal under paragraph 13(a) of Schedule 6 is taken, the High Court of Justiciary may make such orders as it considers just and equitable in the circumstances pending the determination of that appeal.\n(1B) Without prejudice to the generality of paragraphs (1) and (1A), orders made under those paragraphs may include—\n(a) an order postponing any diet, including a trial diet, fixed in the case;\n(b) such orders as the court considers appropriate in relation to bail;\n(c) subject to paragraph (2), an order extending the period within which any step requires to be taken or event to have occurred.\n(2) An order ... extending a period which may be extended under section 65 or section 147 of the Act of 1995 may be made only by a court which has power to do so under that section, and for the purposes of that section, the fact that a devolution issue has been raised by the prosecutor shall not, without more, be treated as fault on the part of the prosecutor.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2 Ch. 40 substituted (22.4.2013) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2013 (S.S.I. 2013/72), paras. 1(2), 4(1) (with para. 5(2))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 2 rule 40.12(1)-(1B) substituted for Sch. 2 rule 40.12(1) (24.6.2013) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2013 (S.S.I. 2013/198), paras. 1(2), 3(1)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 2 rule 40.12(2) omitted (24.6.2013) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2013 (S.S.I. 2013/198), paras. 1(2), 3(1)(b)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words omitted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/513/schedule/2/paragraph/40.12",
    "retrieved_at": "2026-10-29T12:50:48.839518+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}