Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2020
| Jurisdiction | Scotland |
| Citation | SSI 2020/27 |
2020 No. 27
High Court Of Justiciary
Sheriff Appeal Court
Sheriff Court
Justice Of The Peace Court
Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2020
Made 12th February 2020
Laid before the Scottish Parliament 14th February 2020
Coming into force 2nd March 2020
The High Court of Justiciary makes this Act of Adjournal under the powers conferred by section 305 of the Criminal Procedure (Scotland) Act 19951and all other powers enabling it to do so.
Citation and commencement, etc.
1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2020.
(2) It comes into force on 2nd March 2020.
(3) A certified copy is to be inserted in the Books of Adjournal.
Amendment of the Criminal Procedure Rules 1996
2.—(1) The Criminal Procedure Rules 19962are amended in accordance with this paragraph.
(2) In Chapter 22 (evidence of vulnerable witnesses)3—
(a)
(a) in rule 22.4 (review of arrangements for vulnerable witnesses)4, in paragraph (2) omit “and served on every other party by the minuter”;
(b)
(b) for rule 22.5 (procedure for review) substitute—
“Procedure for review
On receipt of a minute under rule 22.4(1)(b) (minute for review of arrangements for vulnerable witnesses) or on a review on the court’s own motion, the court, after giving the parties an opportunity to be heard by making written submissions within such period as specified by the court, may—
(a)
(a) consider and determine the review without a hearing; or
(b)
(b) make an order, endorsed on the minute or recorded in the minute of proceedings, fixing a diet for a hearing of the application and for intimation by the clerk of court of the date of the diet to all parties.”;
(c)
(c) in rule 22.6 (intimation of the order)—
(i) omit “at a hearing fixed”;
(ii) for “the hearing” substitute “a hearing”;
(d)
(d) omit rule 22.10 (evidence in chief in form of prior statement).
(3) In Chapter 56 (reporting restrictions)5—
(a)
(a) in rule 56.2 (interim orders: notification to interested persons)—
(i) for the heading substitute “Interim orders”;
(ii) in paragraph (1) for “may” substitute “must first”;
(iii) in paragraph (2) omit “Where the court makes an interim order,”;
(b)
(b) in rule 56.3 (interim orders: representations)6—
(i) for the heading substitute “Representations”;
(ii) omit paragraph (1).
(4) In the appendix—
(a)
(a) in Form 22.4 (form of application for review of arrangements for taking evidence under section 271D of the Criminal Procedure (Scotland) Act 1995)7—
(i) omit paragraph 7;
(ii) for paragraph (a) substitute—
“(a)
“(a) to order intimation of this application to all parties and to invite parties to make submissions in writing within such period as to the court seems fit, and thereafter, either to determine this application without a hearing or, as the case may be, to fix a diet for...
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