OpenLegislation

Rule 16.1 Form of complaints and related notices and formsI1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The form of complaint referred to in section 138(1) of the Act of 1995 shall be in Form 16.1-A.

(2)

The form of citation of an accused referred to in section 140(2) F1and (2A) of the Act of 1995 shall be in Form 16.1-B.

F2(2A)

The notice to be affixed to the door of the dwelling-house or place of business of an accused for the purposes of section 141(2A) of the Act of 1995 (citation of accused by affixing a notice) shall be in Form 16.1-BB.

(3)

The procurator fiscal shall send to the accused with the citation in Form 16.1-B—

(a)

a reply form in Form 16.1-C for completion and return by him stating whether he pleads guilty or not guilty; and

(b)

a means form in Form 16.1-D for completion and return by him.

F3(3A)

The form of notice referred to in section 146(3A) of the Act of 1995 shall be in Form 16.1-BA.

(4)

The form of notice of previous convictions to be served on an accused under section 166(2) of the Act of 1995 shall be in Form 16.1-E.

Annotations

Textual amendments

F1

Words in Sch. 2 rule 16.1(2) inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), paras. 1(1), 2(8)(a)

F2

Sch. 2 rule 16.1(2A) inserted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(8)

F3

Sch. 2 rule 16.1(3A) inserted (1.11.2002) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002 (S.S.I. 2002/454), paras. 1(1), 2(8)(b)

Commencement

I1

Sch. 2 rule 16.1 in force at 1.4.1996, see para. 1(1)