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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> Act of Adjournal (Criminal Procedure Rules Amendment) (Proceeds of Crime Act 2002) 2003 No. 120 URL: http://www.bailii.org/scot/legis/num_reg/2003/20030120.html |
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Made | 20th February 2003 | ||
Coming into force in accordance with paragraph 1 |
(2) This Act of Adjournal shall be inserted in the Books of Adjournal.
Amendment of the Criminal Procedure Rules
2.
- (1) The Criminal Procedure Rules 1996[3] shall be amended in accordance with the following sub-paragraph.
(2) For Chapter 37 (causes under the Proceeds of Crime (Scotland) Act 1995), there shall be inserted-
(3) An application under-
of the Act of 2002 may be made-
Disposal of family home
37AA.3
An application by an administrator under subsection (2) of section 98 of the Act of 2002 (disposal of family home) to dispose of a right or interest in a person's family home shall be-
Application for postponement
37AA.4
An application by the accused or the prosecutor for postponement or extension under subsection (7) of section 99 of the Act of 2002 (postponement)-
(b) may be determined by the court without a hearing.
Statement of information
37AA.5
- (1) This rule applies where the court ordains the prosecutor to give a statement of information or further statement of information, as the case may be, under any of the following provisions of the Act of 2002:-
(2) The prosecutor shall give a statement referred to in the foregoing paragraph within such period as the court determines.
(3) The prosecutor shall serve a copy of a statement given in terms of paragraph (1) on the accused.
(4) An accused who gives an indication under subsection (1) of section 102 of the Act of 2002 (accused's response to statement of information) shall do so in writing to the Clerk of Court.
Reconsideration of case, benefit or available amount
37AA.6
- (1) This rule applies to an application by the prosecutor under any of the following provisions of the Act of 2002:-
(b) to make a new calculation of the available amount under paragraph (c) of subsection (1) of section 107 (order made: reconsideration of available amount).
(2) An application mentioned in the foregoing paragraph-
Variation or discharge of confiscation order
37AA.7
- (1) Any of the following applications made under any of the following provisions of the Act of 2002 shall be by minute:-
of section 114 (discharge of order).
(2) A party who makes an application mentioned in the foregoing paragraph shall serve a copy on every person likely to be affected by it.
Time for payment
37AA.8
- (1) An application by the accused under subsection (4) of section 116 of the Act of 2002 (time for payment) may be made-
(2) Where an accused makes an application by minute, he shall serve a copy on the prosecutor.
Hearings
37AA.9
Any request or application mentioned in the following rules shall be determined at a hearing, unless the court otherwise directs:
in relation to a confiscation investigation or money laundering investigation; and
(b) by the Lord Advocate, to the High Court of Justiciary under subsection (1) of section 391 of that Act (disclosure orders) for a disclosure order in relation to a confiscation investigation.
(2) An application under subsection (2) of section 382 of the Act of 2002 (order to grant entry)-
and paragraph (3) of this rule shall apply to such an application.
(3) An application under any of the following provisions of the Act of 2002 shall be by minute and shall be intimated to any person affected by it:-
Transitional provision
3.
The rules inserted by paragraph 2 of this Act of Adjournal shall not apply to proceedings under the Proceeds of Crime (Scotland) Act 1995[4], whether instigated before or after the dates specified in paragraph 1.
W DOUGLAS CULLEN
Lord Justice-General I.P.D.
Edinburgh
20th February 2003
[3] S.I. 1996/513, to which there are amendments not relevant to this Act of Adjournal.back
© Crown copyright 2003 | Prepared 10 March 2003 |