Scotland Criminal Procedure Rules-1996

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This Act of Adjournal shall have effect for the purpose of providing new rules of procedure in the High Court of Justiciary, in the sheriff court in exercise of its criminal jurisdiction, and in the district court.

STATUTORY INSTRUMENTS

1996 No. 513 (S.47)

HIGH COURT OF JUSTICIARY, SCOTLAND

SHERIFF COURT, SCOTLAND

SUMMARY JURISDICTION, SCOTLAND


N.B. These rules apply to cases initiated after 10 March 2008

Part I Preliminary and Administration

Chapter 1 – Citation, Interpretation and Forms etc
Chapter 2 – Service of Documents
Chapter 3 – Court Records

Part II General

Chapter A4 – Excusal of Procedural Irregularities
Chapter 4 – Bail
Chapter 5 – Judicial Examination
Chapter 6 – Proceedings Involving Children
Chapter 7 – Mental Disorder
Chapter 7A – Disclosure

Part III Solemn Proceedings

Chapter 8 – The Indictment
Chapter 8A – Engagement, Dismissal and Withdrawal of Solicitors in Solemn Proceedings
Chapter 8B – Failure of Accused to Appear
Chapter 8C – Transfer of Proceedings (Sheriff Court)
Chapter 9 – First Diets (Sheriff Court)
Chapter 9A- Preliminary Hearings (High Court of Justiciary)
Chapter 9B – Objections to the admissibility of evidence raised after First Diet or Preliminary Hearing
Chapter 10 – Plea of Guilty
Chapter 11 – Notices by accused in relation to defence
Chapter 12 – Adjournment and Alteration of Diets in Solemn Proceedings
Chapter 13 – Summoning of Jurors
Chapter 13A – Witnesses
Chapter 14 – Procedure at Trial in Solemn Proceedings
Chapter 15 – Appeals from Solemn Proceedings

Part IV Summary Proceedings

Chapter 16 – Complaints
Chapter 16A – Engagement, Dismissal and Withdrawal of Solicitors in Summary Proceedings
Chapter 17 – Summary Pre-trial Procedure
Chapter 17A – Transfer of Summary Proceedings
Chapter 18 – Procedure at Trial in Summary Proceedings
Chapter 19 – Appeals from Summary Proceedings
Chapter 19A – Alteration by Clerk of Justiciary of place where case to be heardVersion applying from 1st September 2015
Chapter 19B – The Scottish Criminal Cases Review Commission
Chapter 19C – Risk Assessment

Part IVA Appeals and Referrals from Sheriff Appeal Court

Chapter 19D – Referral of point of law for opinion of the High Court of Justiciary
Chapter 19E – Appeals to the High Court of Justiciary

Part V Sentencing

Chapter 20 – Sentencing

Part VI Evidence

Chapter 21 – Uncontroversial Evidence, Hearsay and Prior Statements
Chapter 22 – Evidence of Vulnerable Witnesses
Chapter 22A – Witness Anonymity Orders
Chapter 23 – Letters of Request
Chapter 23A – Television Link Evidence
Chapter 24 – Evidence on Commission
Chapter 25 – Record of Judicial Examination as Evidence in Solemn Proceedings
Chapter 26 – Documentary Evidence
Chapter 27 – Routine Evidence, Sufficient Evidence and Proof of Previous Convictions
Chapter 27A – Recovery of documents

Part VII Miscellaneous Procedures

Chapter 28 – Identification Parades
Chapter 29 – Precognition on Oath of Defence Witnesses
Chapter 29A – Service of Bills of Advocation and Suspension and Petitions to the Nobile Officium
Chapter 29B – Contempt of Court
Chapter 31 – References to the European Court of Justice
Chapter 32 – Annoying Creatures
Chapter 33 – Legal Aid
Chapter 34 – Extradition
Chapter 34A – Interpretation and Translation in European Arrest Warrant Proceedings
Chapter 35 – Computer Misuse Act 1990
Chapter 36 – Crime (International Co-Operation Act 2003
Chapter 37AA- Proceedings Under the Proceeds of Crime Act 2002
Chapter 37A – Proceedings Under Section 7 of the Knives Act 1997
Chapter 38 – Transfer of Rights of Appeal of Deceased Persons
Chapter 39 – Proceedings Under Criminal Law (Consolidation) (Scotland) Act 1995
Chapter 40 – Compatibility Issues and Devolution Issues
Chapter 41 – Human Rights Act 1998
Chapter 42 – Convention Rights (Compliance) (Scotland) Act 2001
Chapter 43 – Terrorism Act 2000 and Anti-Terrorism, Crime and Security Act 2001
Chapter 44 – International Criminal Court Act 2001
Chapter 45 – Fur Farming (Prohibition) (Scotland) Act 2002
Chapter 46 – Parental Directions Under The Sexual Offences Act 2003
Chapter 47 – Protection Of Children (Scotland) Act 2003
Chapter 47A – Protection of Vulnerable Groups (Scotland) Act 2007
Chapter 48 – Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
Chapter 49 – Financial Reporting OrdersChapter revoked on 17/03/2016 but still applies in respect of financial reporting orders made before1st March 2016 (see SSI 2016/137)
Chapter 50 – Football Banning Orders
Chapter 51 – Animal Health and Welfare
Chapter 52 – Investigation of Revenue and Customs Offences
Chapter 53 – Review of Fixed Penalty or Compensation Conditional Offers by Procurator Fiscal
Chapter 54 – Mutual Recognition of Criminal Financial Penalties
Chapter 55 – Recovery Orders under section 27K (3) of the Civic Government (Scotland) Act 1982
Chapter 56 – Reporting Restrictions
Chapter 57 – Regulation of Investigatory Powers Act 2000
Chapter 58 – Control of Dogs (Scotland) Act 2010
Chapter 59 – Double Jeopardy (Scotland) Act 2011
Chapter 60 – Publicity, Remedial and Remediation Orders
Chapter 61- European Protection Orders
Chapter 62 – Request for final decision and reasons
Chapter 63 – Serious Crime Prevention OrdersChapter does not apply in respect of convictions before 1st March 2016 (see SSI 2016/137)
Chapter 64 – Trafficking and Exploitation Prevention Orders
Chapter 65 – Psychoactive Substances Act 2016
Chapter 66 – Review of liberation conditions and authorisation for questioningApplies from 25 January 2018
Chapter 67 – European Investigation OrdersApplies from 31 May 2018
Chapter 68 – Approval of Sentencing Guidelines
Chapter 69 – Labour Market Enforcement Orders(from 18 May 2019)
Chapter 70 – Challenges to validity of EU instruments (EU exit)Comes into force on IP completion day
Chapter 71 – Electronic Monitoring Requirement under the Management of Offenders (Scotland) Act 2019
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