# Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2009, Article 3: Transfer of summary proceedings


(1) After Chapter 17 of the Rules (summary pre-trial procedure) insert—
“CHAPTER 17A
TRANSFER OF SUMMARY PROCEEDINGS
Transfer of summary proceedings
17A.1 (1) A written application by the procurator fiscal under—
(a) section 137A(1) of the Act of 1995 (transfer within sheriffdom) shall be in Form 17A.1-A;
(b) section 137B(1) of the Act of 1995 (transfer outwith sheriffdom due to exceptional circumstances) shall be in Form 17A.1-B;
(c) section 137B(1A) of the Act of 1995 (transfer outwith sheriffdom where accused cited to attend diet in other summary proceedings or other summary proceedings commenced) shall be in Form 17A.1-C;
(d) section 137B(1C) of the Act of 1995 (transfer outwith sheriffdom: intention to take summary proceedings where other summary proceedings commenced) shall be in Form 17A.1-D;
(e) section 137B(3) of the Act of 1995 (transfer outwith sheriffdom due to exceptional circumstances: revocation or variation of order) shall be in Form 17A.1-E;
(f) section 137B(4) of the Act of 1995 (transfer outwith sheriffdom where other summary proceedings commenced or intended: revocation or variation of order) shall be in Form 17A.1-F;
(g) section 137C(1) of the Act of 1995 (initiating custody cases outwith sheriffdom: exceptional circumstances) shall be in Form 17A.1-G;
(h) section 137D(1) of the Act of 1995 (transfer of justice of the peace court proceedings where accused person to be sentenced in sheriff court) shall be in Form 17A.1-H.
(2) Where the sheriff principal consents to an application under paragraph (1)(b), (e) or (g), he shall docquet his consent to the application.
(3) Where a sheriff consents to an application under paragraph (1)(c), (d) or (f), he shall docquet his consent to the application.”.
(2) After Form 17.2 in the appendix to the Rules insert the forms set out in Part 2 of the Schedule to this Act of Adjournal.

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Source: https://www.legislation.gov.uk/ssi/2009/144/article/3 (the official version)
Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-amendment-miscellaneous-2009/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.