Statutory Instruments of the Scottish Parliament

Procedure in matters arising out of the Human Rights Act 1998
     2. After Chapter 41 of the Criminal Procedure Rules 1996[2], there is inserted - 

" CHAPTER 42
CONVENTION RIGHTS (COMPLIANCE) (SCOTLAND) ACT 2001
Application and interpretation
     42.1.  - (1) This Chapter applies to punishment part hearings.

    (2) In this Chapter - 


"the 2001 Act" means the Convention Rights (Compliance) (Scotland) Act 2001[3];
"punishment part hearing" means a hearing in terms of paragraph 12 of Part 1 of the Schedule to the 2001 Act;
"existing life prisoners" has the meaning given in paragraph 2 of Part 1 of the Schedule to the 2001 Act;
"procedural hearing" means a hearing, held in terms of rule 42.4, for the purpose of determining any matter raised in terms of rule 42.3.

Intimation
     42.2.  - (1) The Deputy Principal Clerk of Justiciary shall intimate the date, time and place of a punishment part hearing in Form 42.2.

Disputed or additional documents
     42.3.  - (1) If an existing life prisoner who has received intimation of a punishment part hearing in terms of rule 42.2(1) wishes to - 



(a) dispute the terms of any document, or a part of any document, sent to him by the Scottish Ministers in terms of paragraph 10 of Part 1 of the Schedule to the 2001 Act; or

(b) lodge any other document,



he shall, not later than 21 days before the date of the punishment part hearing, give written intimation to the Deputy Principle Clerk of Justiciary.

    (2) An existing life prisoner who gives intimation in terms of paragraph (1) of this rule shall, at the same time, specify the grounds upon which he seeks to - 



(a) dispute the document or part of the document; or

(b) lodge any other document,



and shall lodge any document referred to in, or to which he intends to refer, in support of such grounds.

    (3) None of the matters mentioned in paragraph (1) of this rule may be raised after the time specified in that paragraph.

Procedural hearing
     42.4. Where an existing life prisoner gives intimation in terms of paragraph (1) of rule 42.3, there shall, 14 days before the date of the punishment part hearing, be a procedural hearing.("

     3. After Form 41.4 there is inserted - 

" Form 42.2
HIGH COURT OF JUSTICIARY
CONVENTION RIGHTS (COMPLIANCE) (SCOTLAND) ACT 2001
To:

CROWN AGENT

SOLICITOR FOR EXISTING LIFE PRISONER (If no solicitor, to the existing life prisoner)

THE GOVERNOR, HM Prison, Edinburgh

THE GOVERNOR, HM Prison, (enter name of prison in which existing life prisoner is detained)

SCOTTISH EXECUTIVE JUSTICE DEPARTMENT

SCOTTISH PRISON SERVICE HEADQUARTERS [(for the attention of Craig Oliver & Michael Godley)]

FIXING OF PUNISHMENT PART OF MANDATORY LIFE SENTENCE
Name of Existing Life Prisoner:

Prisoner in the Prison of (enter name of prison in which existing life prisoner is detained)

TAKE NOTICE that the Court has fixed

the      day of      at 10 o'clock as a diet for the hearing of the above at      High Court.

JUSTICIARY OFFICE

LAWNMARKET

EDINBURGH

EH1 2NS

Clerk of Justiciary

Date".

Lord Justice General, I.P.D.

Edinburgh
18th December 2001

EXPLANATORY NOTE

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

This Act of Adjournal adds new rules and a new Form to the Criminal Procedure Rules 1996, to deal with matters arising out of the Convention Rights (Compliance) (Scotland) Act 2001.

New rule 42.2 makes provision as to the intimation of punishment part hearings.

New rule 42.3 makes provision as to disputing documents or lodging additional documents.

New rule 42.4 makes provision as to procedural hearings.

Form 42.2 is a Form related to the new rules.

[1] 1995 c.46.back

[2] S.I. 1996/513, as amended.back

[3] asp 7back

ISBN 0 11059971 3