# Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2010, Article 6: Scottish Criminal Cases Review Commission

Extent: S

(1) For Chapter 19B substitute—
“CHAPTER 19B
SCOTTISH CRIMINAL CASES REVIEW COMMISSION
References
19B.1. (1) This rule applies to a reference by the Scottish Criminal Cases Review Commission to the High Court under section 194B of the Act of 1995.
(2) The Clerk of Justiciary shall—
(a) assign the reference to a procedural hearing fixed for a date not earlier than 21 days after receipt of the reference; and
(b) as soon as possible thereafter, intimate the diet to every party and to the governor of any institution in which any accused is detained.
(3) At the procedural hearing the High Court shall consider and make orders in respect of—
(a) the Court’s power to reject the reference under section 194DA of the Act of 1995;
(b) any application under section 194D(4B) of the Act of 1995;
(c) any application under section 194D(4D) of the Act of 1995;
(d) the procedure to be followed in the determination of the reference;
(e) any other matter which the Court considers appropriate in respect of the reference.
Applications for requests for assistance
19B.2. (1) An application under section 194IA of the Act of 1995 shall be in Form 19B.2 and shall be lodged with the Clerk of Justiciary.
(2) The High Court shall—
(a) without requiring intimation to any other party, proceed to consider the application;
(b) after considering it shall grant it, with or without any modifications which it deems appropriate, or shall refuse it.
(3) The application shall be registered by the Clerk of Justiciary as if it were an application made under section 7(1) of the Crime (International Co-operation) Act 2003 and rule 36.6 applied.”.
(2) In the appendix, after Form 19.18 insert Form 19B.2 set out in Part 2 of the Schedule to this Act of Adjournal.
(3) The amendments made by subparagraphs (2) and (3) do not affect a reference under section 194B of the Criminal Procedure (Scotland) Act 1995 made before 13th December 2010.

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Source: https://www.legislation.gov.uk/ssi/2010/418/article/6 (the official version)
Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-amendment-no-4-miscellaneous-2010/article-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.