Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002

Scottish Statutory Instrument 2002 No. 454

Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002

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SCOTTISH STATUTORY INSTRUMENTS

2002 No. 454
HIGH COURT OF JUSTICIARY
Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence) (Scotland) Act 2002) 2002

	Made	7th October 2002
	Coming into force	1st November 2002

The Lord Justice General, the Lord Justice Clerk and the Lords Commissioners of Justiciary, under and by virtue of the powers conferred upon them by section 305 of the Criminal Procedure (Scotland) Act 1995[1], and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement
- (1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Sexual Offences (Procedure and Evidence)(Scotland) Act 2002) 2002 and shall come into force on 1st November 2002.

    (2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of the Criminal Procedure Rules 1996
- (1) The Act of Adjournal (Criminal Procedure Rules) 1996[2] shall be amended in accordance with this paragraph.

    (2) In rule 8.2(2) (form of notice to accused to appear), after "8.2-B" there shall be inserted "or, where the charge is of committing a sexual offence to which section 288C of the Act of 1995 applies, Form 8.2-BA.".

    (3) After rule 9.4 (order for preliminary diet) there shall be inserted -

Order for preliminary diet under section 72(2A) of the Act of 1995

9.4A.

- (1) Where the court makes an order for a preliminary diet under section 72(2A) of the Act of 1995 for the purpose of considering an application for the purposes of section 275(1) of that Act, the court shall specify the date and time of the diet and the period (if any) for which the trial diet is postponed under section 72(4) of that Act.

    (2) An order mentioned in paragraph (1) shall not be invalid by reason only of having been made in the absence of the parties or of any person acting on their behalf.

    (3) Any such order may signed by the Clerk of Court and shall be attached to the record copy of the indictment.

Orders for diets under sections 71A and 148A of the Act of 1995

9.4B.

- (1) An order for-

of the Act of 1995 may be signed by the Clerk of Court.

(2) Intimation of the terms of an order-

shall be given by the Clerk of Court to all parties and to the governor of any institution in which any accused is detained.".

    (4) In rule 9.5 (intimation of order for preliminary diet), after "9.4(1)" there shall be inserted "or 9.4A(1)".

    (5) In rule 9.6 (order for preliminary diet to be warrant for citation) after "9.4(1)" there shall be inserted "or 9.4A(1)".

    (6) In rule 9.8 (warrant for conveyance and transmission), after "9.4(1)" there shall be inserted "or 9.4A(1)".

    (7) After rule 9.10 (procedure at first diet or preliminary diet) there shall be inserted -

" Request to dispense with further pre-trial diet and pre-trial diet

9.10A.

- (1) Where a solicitor in writing requests that a further pre-trial diet be dispensed with under section 71A(7) of the Act of 1995 (power of court to dispense with further pre-trial diet), the solicitor shall intimate the request to -

no less than two days before the date of the further pre-trial diet.

(2) Where a solicitor requests in writing that a pre-trial diet be dispensed with under section 72A(7) of the Act of 1995 (power of court to dispense with pre-trial diet), the solicitor shall intimate the request to -

no less than two days before the date of the pre-trial diet.

Procedure at further pre-trial diet and pre-trial diet
     9.10B. - (1) A further pre-trial diet in the sheriff court or pre-trial diet in the High Court, shall commence on the diet being called.

    (2) For the purposes of the application of section 93 of the Act of 1995 (record of trial) to a further pre-trial diet or pre-trial diet, the whole proceedings at the pre-trial diet shall be proceedings at the trial for the purposes of that section.

    (3) A record of those proceedings, including any continuation or adjournment shall be kept in accordance with existing law and practice.

    (4) At any time after the commencement of the further pre-trial diet or pre-trial diet, the judge may make an order continuing or adjourning the diet to another time or place; but the judge shall not require to make an order continuing the diet to the trial diet.

    (5) A copy of an order continuing or adjourning the further pre-trial diet or pre-trial diet under paragraph (4) certified by the Clerk of Court shall be warrant for the conveyance to the continued or adjourned diet of any accused who may be in custody.

    (6) In this rule "further pre-trial diet" means a diet under section 71A of the Act of 1995 and "pre-trial diet" means a diet under section 72A of that Act.

Application of rules 9.6 and 9.7 to order at pre-trial diet to postpone trial diet
     9.10C. Rules 9.6 (order for preliminary diet to be warrant for citation) and 9.7 (calling postponed diet) apply to an order at a pre-trial diet to postpone the trial diet under section 72A(6) of the Act of 1995 as they apply to an order for a preliminary diet specifying the period for which the trial diet is postponed.".