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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2006 No. 76

HIGH COURT OF JUSTICIARY

SHERIFF COURT

Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006

  Made 24th February 2006 
  Coming into force 1st April 2006 

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

Citation and commencement
     1. —(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment) (Vulnerable Witnesses (Scotland) Act 2004) 2006 and shall come into force on 1st April 2006.

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

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

    (2) Nothing in this Act of Adjournal shall affect any–

    (3) The following rules of the Act of Adjournal (Criminal Procedure Rules) 1996 shall apply in solemn proceedings which commence after 1st April 2006 and in which there is a vulnerable witness within the meaning of section 271(1)(b) of the Criminal Procedure (Scotland) Act 1995:–

    (4) After rule 22.1 (child witness notice)[5] there shall be inserted the following:–

    (5) For rule 22.2[7] (procedure on lodging child witness notice) there shall be substituted the following:–

    (6) After rule 22.3[8] (intimation of an order under section 271A[9]) there shall be inserted the following:–

    (7) In the appendix after Form 22.1[11] there shall be inserted the form set out in the Schedule to this Act of Adjournal.


A C HAMILTON
Lord Justice General I.P.D.

Edinburgh
24th February 2006



SCHEDULE


Paragraph 2(7)







EXPLANATORY NOTE

(This note is not part of the Act of Adjournal)


This Act of Adjournal amends the Criminal Procedure Rules 1996 (S.I. 1996/513) ("the 1996 Rules") to make provision consequential upon amendments to the Criminal Procedure (Scotland) Act 1995 ("the 1995 Act") by the Vulnerable Witness (Scotland) Act 2004 (asp 3) ("the 2004 Act"). Paragraph 2(2) and (3) sets out transitional provisions which are linked to the commencement of the 2004 Act under S.S.I 2006/59.

Paragraph 2(4) inserts a new rule 22.1A into the 1996 Rules to make provision for lodging a vulnerable witness application under section 271C of the 1995 Act.

Paragraph 2(5) amends rule 22.2 (procedure on lodging child witness notice) to apply the procedure for dealing with child witness notices to vulnerable witness applications.

Paragraph 2(6) inserts a new rule 22.3A to make provision for intimation of orders in relation to vulnerable witness applications under section 271C of the 1995 Act.

Paragraph 2(7) adds a new form of vulnerable witness application to the annexe of the 1996 Rules.


Notes:

[1] 1995 c.46.back

[2] S.I. 1996/513, last amended by S.S.I. 2005/574.back

[3] Section 271 was inserted by section 1(1) of the Vulnerable Witnesses (Scotland) Act 2004 (asp 3).back

[4] Rules 22.4 to 22.10 were inserted by S.S.I. 2005/188; Rules 22.11 to 22.15 were inserted by S.S.I 2005/574.back

[5] Rule 22.1 was inserted by S.S.I. 2005/188.back

[6] Section 271C was inserted by section 1(1) of the Vulnerable Witnesses (Scotland) Act 2004 (asp 3).back

[7] Rule 22.2 was inserted by S.S.I. 2005/188.back

[8] Rule 22.3 was inserted by S.S.I. 2005/188.back

[9] Section 271A was inserted by section 1(1) of the Vulnerable Witnesses (Scotland) Act 2004 (asp 3).back

[10] Section 271C was amended by paragraph 44 of the Schedule to the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).back

[11] Form 22.1 was inserted by S.S.I. 2005/188.back



ISBN 0 11 069975 0


 © Crown copyright 2006

Prepared 6 March 2006


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URL: http://www.bailii.org/scot/legis/num_reg/2006/20060076.html