Article 2 Amendment of Criminal Procedure Rules 1996

In Schedule 2 (criminal procedure rules) to the Act of Adjournal (Criminal Procedure Rules) 1996^f1 in Chapter 8 (the indictment), after role 8.1 insert the following rules.

“Further provision as respects extension of twelve months period for commencement of trial on indictment

8.1A

Where all the parties join in an application to extend, by a specific length of time, the period mentioned in subsection (1) of section 65 of the Criminal Procedure (Scotland)(Act) 1995 (that is to say, the period of twelve months within which a trial is to be commenced) the court may proceed, under subsection (3) of that section, to hear the parties without the attendance of an accused who has signed a minute, lodged with the Clerk of Justiciary or as the case may be with the sheriff clerk, consenting to the extension applied for; but the court shall not, on so hearing the parties, grant an extension which exceeds the extension applied for.

Fresh indictment as alternative to serving notice fixing new trial diet

8.1B

Where the court, under section 80(3) of the Criminal Procedure (Scotland) Act 1995 (discharge of trial diet), has given leave to the prosecutor to serve a notice fixing a new trial diet, the prosecutor may if he thinks fit instead serve, under section 66 of that Act (service and lodging of indictment etc.), a further indictment containing the same, or amended, charges; but the list of witnesses and list of productions lodged under subsection (5) of the said section 66 with the record copy of the further indictment shall not include any witness, or as the case may be any production, not included in either—

(a)

the lists copies of which were so lodged with the record copy of the indictment which was not brought to trial; or

(b)

a written notice which was timeously given to the accused under section 67(5) of that Act (provision for examining any witness or putting in evidence any production not included in the lists lodged) before leave was given to the prosecutor as mentioned above.”.