Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2007

Scottish Statutory Instrument 2007 No. 495 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 1 November 2007
In force from: 1 December 2007
Extent: Not stated
Subject: Courts, police, prisons and the administration of justice
Made under: Criminal Law (Consolidation) (Scotland) Act 1995, Criminal Procedure (Scotland) Act 1995

Explanatory note

(This note is not part of the Act of Adjournal) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Act of Adjournal makes miscellaneous amendments to the Criminal Procedure Rules 1996 (S.I. 1996/513) (“the Rules”). Paragraph 2(2) inserts a new rule 15.17 requiring parties to lodge copies of any part of a transcript of proceedings upon which they are relying in any appeal under section 106 or 108 of the Criminal Procedure (Scotland) Act 1995 and to intimate copies to the other parties. Copies should be lodged 7 days before any procedural hearing and 21 days before the date of the hearing at which the party intends to rely upon the transcript. Paragraph 2(3) inserts a new Chapter prescribing procedure for applications in the investigation of Revenue and Customs offences. The applications are for production orders or to vary or discharge such orders, for Revenue and Customs warrants, or for an order in relation to the failure of officers to provide a record of, access to, or copies of documents or things removed under a production order or Revenue and Customs warrant within a reasonable time. These amendments are in consequence of new sections inserted into the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) by the Finance Act 2007 (c. 11). There are also new forms of petition and minutes for the various applications under the new Chapter inserted into the appendix: see paragraph 2(4)(b). Paragraph 2(4)(a) amends the vulnerable witness application form (Form 22.1A) to allow it to apply in circumstances where the adult vulnerable witness is to give evidence at or for the purposes of proceedings under section 210C of the Criminal Procedure (Scotland) Act 1995 on an objection to a risk assessment report.

Offences created by this instrument

That [A.B.] was convicted of (specify), which is an offence to which section 288C of the Criminal Procedure (Scotland)… article 2(4) · Status not determined · Strict liability
That [A.B.] was convicted of (specify), which is an offence to which section 288C of the Criminal Procedure (Scotland)… article 2(4)(a) · Status not determined · Strict liability
That [A.B.] was convicted of (specify), which is an offence to which section 288C of the Criminal Procedure (Scotland)… article 2(4)(a)(ii) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2007