{
  "url": "https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/rule-8.1",
  "json_url": "https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/rule-8.1.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/rule/8.1",
  "kind": "rule",
  "number": "8.1",
  "heading": "Appeals in relation to extension of time for trial",
  "text": "(1) A note of appeal under section 65(8) of the Act of 1995 (appeal to High Court against grant or refusal of extension of time) in respect of an appeal from a decision under section 65(3) of that Act (extension of periods for commencement of preliminary hearing or trial diet) shall be in Form 8.1-A.\n(2) A note of appeal under section 65(8) of the Act of 1995 in respect of an appeal from a decision under section 65(5) ... of that Act (extension of 80, 110 or 140 days period of committal) shall be in Form 8.1-B.\n(3) A note of appeal mentioned in paragraph (1) or (2) shall be served by the appellant on—\n(a) the respondent;\n(b) any co-accused; and\n(c) the clerk of the court against the decision of which the appeal is taken.\n(4) The appellant shall lodge with the Clerk of Justiciary—\n(a) the note of appeal; and\n(b) the execution of service in respect of the persons mentioned in paragraph (3).\n(5) The clerk of the court against the decision of which the appeal is taken shall, as soon as practicable after being served with the note of appeal, transmit to the Clerk of Justiciary the original application and all the relative documents; and the Clerk of Justiciary shall, on receiving them, assign the appeal to the roll and intimate the date of the diet to the appellant and the respondent.\n(6) Where the judge’s or sheriff’s report is not included in the documents mentioned in paragraph (5) the Clerk of Justiciary shall request the report from the clerk of the court against the decision of which the appeal is taken.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 2 rule 8.1(1) substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(8)(a) (with para. 2(2)-(4))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 2 rule 8.1(2) omitted (1.2.2005) by virtue of Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(8)(b) (with para. 2(2)-(4))"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 2 rule 8.1(2) substituted (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(8)(b) (with para. 2(2)-(4))"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 2 rule 8.1(6) inserted (4.6.2012) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2012 (S.S.I. 2012/125), paras. 1(2), 2"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 rule 8.1 in force at 1.4.1996, see para. 1(1)"
    }
  ],
  "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/rule/8.1",
    "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."
}