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SCOTTISH STATUTORY INSTRUMENTS

2005 No. 44
HIGH COURT OF JUSTICIARY
SHERIFF COURT
Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005

	Made	28th January 2005
	Coming into force	1st February 2005

The Lord Justice General, the Lord Justice Clerk and the 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) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 and shall come into force on 1st February 2005.

    (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) Subject to sub-paragraphs (2) to (4), the Act of Adjournal (Criminal Procedure Rules) 1996[2] shall be amended in accordance with sub-paragraphs (5) to (18).

    (2) Nothing in this Act of Adjournal shall affect proceedings in which-

(3) In sub-paragraph (2), the reference to citation to a diet which commences before 1st April 2005 includes-

(4) For the purposes of sub-paragraphs (2) and (3)-

(5) After rule 2.2 (citation in solemn proceedings)[3], there shall be inserted the following:-

Citation in solemn proceedings by service on solicitor

2.2A.

Where the documents mentioned in section 66(6C) of the Act of 1995 (citation by service on solicitor)[

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with a notice in Form 2.2A.".

(6) At the end of rule 2.6 (forms of execution of service)[5] there shall be inserted the following:-

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(7) At the end of rule 4.1 (application to alter address in bail order) there shall be inserted the following:-

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paragraphs (1) to (5) shall also apply to that party as they apply to the prosecutor.".

(8) In rule 8.1 (appeals in relation to extension of time for trial)-

(9) Rule 8.1A (further provision as respects extension of twelve months period for commencement of trial on indictment) and rule 8.1B (fresh indictment as alternative to serving notice fixing new trial diet)[9] shall be omitted.

(10) For rule 8.2 (citation of accused and witnesses) there shall be substituted the following:-

Citation of accused and witnesses

8.2.

- (1) Subject to paragraph (5), the notice to be affixed to the door of the relevant premises for the purposes of section 66(4)(b) of the Act of 1995[

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11

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(11) For Chapter 9 (first diets and preliminary diets) there shall be substituted the following:-

" CHAPTER 9

FIRST DIETS (SHERIFF COURT)

Minute giving notice of preliminary pleas or preliminary issues

9.1.

- (1) Any notice given under section 71(2) of the Act of 1995 (notice of preliminary pleas or preliminary issues before first diet)[

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Procedure on lodging minute

9.2.

On the lodging of a minute under rule 9.1 (minute giving notice of preliminary pleas or preliminary issues) with a certificate of execution of service, the sheriff clerk shall endorse on the minute the time and date on which it was received.

Orders for further diets under section 71 of the Act of 1995

9.3.

- (1) An order for a further diet under section 71(2ZA) of the Act of 1995 (further diet to consider objection to the admissibility of evidence)[

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shall be given by the sheriff clerk to the governor of any institution in which the accused is detained.

Procedure at first diet
9.4. - (1) A first diet shall commence on the diet being called.

(2) A record of the proceedings at the first diet, including-

(a) a note of the decision made by the court in respect of any notice placed before it;

(b) any adjournment, and

(c) the plea stated under section 71(6) of the Act of 1995 (plea at first diet),

shall be kept in accordance with existing law and practice.

Applications for leave to appeal
     9.5. - (1) An application for leave to appeal to the High Court under section 74(1) of the Act of 1995 (appeal against a decision of the sheriff at a first diet)[16] shall be made by motion to the sheriff at that diet immediately following the making of the decision in question, and shall be granted or refused at that time.

    (2) A decision under this rule shall be recorded in the minute of proceedings.

Note of appeal
     9.6. - (1) An appeal under section 74(1) of the Act of 1995 against a decision of the sheriff at a first diet shall be made by lodging a note of appeal in Form 9.6.

    (2) The note of appeal shall be lodged with the sheriff clerk not later than two days after the making of the decision in question.

Procedure on lodging note of appeal
     9.7. - (1) On the lodging of a note of appeal with the sheriff clerk, he shall endorse on it a certificate that leave to appeal has been granted and the date and time of lodging.

    (2) As soon as possible after the lodging of a note of appeal with the sheriff clerk, he shall-

(a) send a copy of the note of appeal to the other parties or their solicitors;

(b) request a report on the circumstances relating to the decision from the sheriff; and

(c) transmit the note of appeal to the Clerk of Justiciary with a certified copy of-

Report of sheriff
9.8. - (1) The sheriff, on receiving a request for a report under rule 9.7(2)(b) (report on circumstances relating to decision) shall, as soon as possible, send his report to the Clerk of Justiciary.

(2) The Clerk of Justiciary shall, on receiving the report of the sheriff-

(a) send a copy of the report to the parties or their solicitors;

(b) arrange for a hearing of the appeal as soon as possible; and

(c) cause to be copied any documents necessary for the appeal.

Intimation of order postponing trial diet
9.9. - (1) Where, in relation to an appeal under section 74(1) of the Act of 1995 (appeal in connection with first diet) in a case set down for trial in the sheriff court, the High Court makes an order under section 74(3) of that Act (postponement of trial diet)[17], the Clerk of Justiciary shall send a copy of the order to-

    (2) If, in relation to any case a trial diet has been postponed by virtue of an order mentioned in paragraph (1), any requirement to call that diet shall have effect only in relation to the date to which the diet has been postponed.

Orders of appeal court
     9.10. The Clerk of Justiciary shall intimate to the sheriff clerk the decision of the High Court disposing of an appeal under section 74(1) of the Act of 1995 in relation to a first diet.

Abandonment of appeal
     9.11. - (1) An appellant who has taken an appeal under section 74(1) of the Act of 1995 (appeal in connections with first diet) may abandon the appeal at any time before the hearing of the appeal.

    (2) An abandonment of such an appeal shall be made by lodging a minute of abandonment in Form 9.11 with the Clerk of Justiciary.

    (3) The Clerk of Justiciary, on receiving such a minute of abandonment, shall inform the sheriff clerk and the other parties or their solicitors.

    (4) The sheriff, on the sheriff clerk being so informed, may proceed as accords with the case.

CHAPTER 9A

PRELIMINARY HEARINGS (HIGH COURT OF JUSTICIARY)
Notice of preliminary pleas and preliminary issues

9A.1.

- (1) Any notice given under section 72(3) (notice of preliminary pleas) or section 72(6)(b)(i) (notice of preliminary issues) of the Act of 1995[

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Applications to dispense with preliminary hearings

9A.2.

- (1) An application to dispense with a preliminary hearing shall made in Form 9A.2.

(2) Prior to making an application under paragraph (1), the parties shall consult with the Clerk of Justiciary as to a suitable date for a trial diet.

(3) An application under paragraph (1) shall indicate whether or not a date for a trial diet has been agreed by the parties with the Clerk of Justiciary and shall give details of any applicable time limits under section 65 of the Act of 1995[

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    (6) The Clerk of Justiciary shall send to the governor of any institution in which any accused is detained a copy of any order of the court dispensing with a preliminary hearing.

Notice to appear where preliminary hearing deserted
     9A.3. A notice referred to in section 72C(4) of the Act of 1995 (notice to appear at further preliminary hearing)[20] shall be in Form 8.2-B or, where the charge is of committing a sexual offence to which section 288C of the Act of 1995 (prohibition of personal conduct of defence in cases of certain sexual offences)[21] applies, Form 8.2-C.

Written record of state of preparation
     9A.4. - (1) A written record referred to in section 72E of the Act of 1995 (written record of the state of preparation in certain cases)[22] shall be in Form 9A.4 and shall contain the information indicated in that form.

    (2) A written record under paragraph (1) may be lodged by sending a copy by facsimile or other electronic means followed by the lodging of the principal and the time and date of lodging shall be the date and time on which the copy was received by the Clerk of Justiciary.

    (3) A written record under paragraph (1) which is lodged after 2pm on the last date for lodging under section 72E of that Act shall be deemed to have been lodged on the next day after that date.

Proceedings at preliminary hearing
     9A.5. - (1) Any order under section 72(9)(a) (appointment of further diet) of the Act of 1995[23] shall be intimated by the Clerk of Justiciary to the parties or their solicitors.

    (2) On the making of an order mentioned in paragraph (1), the Clerk of Justiciary shall send a copy of the order to the governor of any institution in which the accused is detained.

    (3) On the appointment of a trial diet, the Clerk of Justiciary shall intimate the date of that diet to the governor of any institution in which the accused is detained.

Applications for leave to appeal
     9A.6. - (1) An application for leave to appeal to the High Court under section 74(1) of the Act of 1995[24] against a decision of the High Court at a preliminary hearing shall be made by motion to the court at that hearing immediately following the making of the decision in question, and shall be granted or refused at that time.

    (2) A decision made under this rule shall be recorded in the record of proceedings.

Note of appeal
     9A.7. - (1) An appeal under section 74(1) of the Act of 1995 against a decision of the High Court at a preliminary hearing shall be made by lodging a note of appeal in Form 9A.7 with the Clerk of Justiciary.

    (2) The appellant shall send a copy of a note of appeal under paragraph (1) to the other parties.

Abandonment of appeal
     9A.8. - (1) An appellant who has taken an appeal under section 74(1) of the Act of 1995 (appeals against decision at a preliminary hearing) may abandon the appeal at any time before the hearing of the appeal.

    (2) An abandonment of such appeal shall be made by lodging a minute of abandonment in Form 9A.8.

CHAPTER 9B

OBJECTIONS TO THE ADMISSIBILITY OF EVIDENCE RAISED AFTER FIRST DIET OR PRELIMINARY HEARING
Notice etc. of objections raised after first diet or preliminary hearing

9B.1.

- (1) Any notice given under section 79A(2) of the Act of 1995(objections to the admissibility of evidence after first diet or preliminary hearing)[

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(4) The Clerk of Justiciary or the sheriff clerk, as the case may be, shall intimate the order under paragraph (3) to the parties and to the governor of any institution in which the accused is detained.".

(12) In rule 10.1 (procedure for plea of guilty)-

(13) For Chapter 12 (alteration and postponement of solemn trial diet) there shall be substituted the following:-

" CHAPTER 12

ADJOURNMENT AND ALTERATION OF DIETS IN SOLEMN PROCEEDINGS

Adjournment

12.1.

- (1) Where circumstances arise in which the court may adjourn a diet under section 75A(2) of the Act of 1995 (adjournment and alteration of diets)[

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Applications for alteration of diet

12.2.

- (1) Subject to paragraph (2), an application under section 75A(5) of the Act of 1995 (application for alteration of diet)[

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Orders fixing diet for hearing application to alter diet
12.3. Where a minute referred to in rule 12.2 (applications for alteration of diet) has been lodged, the court shall, or, in a case in which all parties join in the application, may, make an order endorsed on the minute-

(a) fixing a diet for a hearing of the application; and

(b) for service of the minute with the date of the diet on all parties.

Calling of diet for hearing application
     12.4. A diet fixed under rule 12.3 (orders fixing diet for hearing application to alter diet) shall be held in open court in the presence of all parties unless the court permits the hearing to proceed in the absence of the accused under section 75A(8) of the Act of 1995, and shall be commenced by the calling of the diet.

Joint applications without hearing
     12.5. - (1) Where, in the case of a joint application under subsection (5) of section 75A of the Act of 1995 (application for alteration of diet), the court proposes to proceed without hearing the parties by virtue of subsection (7) of that section (joint application for alteration of diet), the clerk of court shall on the lodging of the minute attach it to the record copy of the indictment and place it before a judge in chambers.

    (2) The order made by the judge in chambers in respect of the joint application shall be-

(a) recorded by endorsation on the record copy of the indictment;

(b) signed by the clerk of court;

(c) entered in the record of proceedings; and

(d) intimated by the clerk of court to the applicants or their solicitors.

(3) The clerk of court shall send to the governor of any institution in which the accused is detained a copy of the following orders of the court-

(a) an order under rule 12.3 (order fixing diet for hearing of application to alter diet);

(b) an order under section 65(3) or (5) of the Act of 1995 (extension of time limits)[

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Form of notice where trial diet does not take place
     12.6. A notice referred to in section 81(5) of the Act of 1995 (notice to appear where trial diet has not taken place)[29] shall be in Form 8.2-B or, where the charge is of committing a sexual offence to which section 288C of that Act (prohibition of personal conduct of defence in cases of certain sexual offences)[30] applies, Form 8.2-C.

Floating diets in the High Court of Justiciary
     12.7. - (1) A minute referred to in section 83A(2)(a) of the Act of 1995 (minute of continuation of floating trial diet)[31] shall be in Form 12.7.

    (2) The maximum number of days for which a floating diet may be continued from sitting day to sitting day shall be four days after the day originally appointed for the trial diet.".

(14) For rule 13.1 (list of jurors) there shall be substituted the following:-

List of jurors

13.1.

- (1) A list of jurors shall-

(2) The clerk of the court before which the trial is to take place, in preparing a list of jurors for the trial diet, shall have regard, in determining the number of jurors to be listed, to the powers of altering the date of or adjourning any trial diet exercisable under the following provisions of the Act of 1995:-

section 74(3) (postponement of trial diet in appeals in connection with first diets or preliminary hearings)[

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(15) After rule 13A.1 (citation of witnesses for precognition)[35], there shall be inserted the following:-

Warrants for apprehension

13A.2.

- (1) An application made in writing for a warrant for the apprehension of a witness under section 90A or 90D of the Act of 1995[

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Review of orders

13A.3.

An application for review under section 90D of the Act of 1995 of an order under section 90A(1)(a) or (b) of that Act shall be in Form 13A.3.

Appeals

13A.4.

An appeal under section 90E(1) of the Act of 1995 (appeal in respect of an order under section 90B(1) of the Act of 1995) shall be made by lodging a note of appeal in Form 13A.4 with the Clerk of Justiciary.".

(16) After rule 21.2 (notice of challenge of evidence as uncontroversial) there shall be inserted the following:-

" Application for direction that challenge be disregarded

22.2A.

An application under section 258(4A) of the Act of 1995 (application for direction that challenge be disregarded)[

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(17) In rule 40.2(5) (raising devolution issues: proceedings on indictment)[38] for "or objection or to make any submission or application under section 72 of the Act of 1995" there shall be substituted "objection, preliminary plea or preliminary issue".

(18) In the appendix-

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Cullen of Whitekirk
Lord Justice General I.P.D.

Edinburgh
28th January 2005

here specify the preliminary plea(s) and preliminary issue(s)

3. That a copy of this minute has been duly intimated to Her Majesty's Advocate [or A.B.] [and to the said (name(s) of co-accused)] conform to execution[s] attached to this minute.

MAY IT THEREFORE PLEASE YOUR LORDSHIP:

[(a)]to consider the above preliminary plea[s] [and/or issue[s]] at the first diet;

(b) to order that the following productions be made available at that diet].

IN RESPECT WHEREOF

(Signed)

Prosecutor

[or Legal representative of [A.B.]]

(Name, address, e-mail address and telephone number)

(Place and date)

(a)

THE HEARING MAY PROCEED; AND

(b)

A TRIAL DIET MAY BE APPOINTED IN ITS ABSENCE]

IF (NAME OF BODY CORPORATE) IS NOT REPRESENTED AT THE TRIAL DIET, THE TRIAL MAY PROCEED IN ITS ABSENCE

This notice was affixed by me (name and designation) on (date).

(Signed)

Constable

(Name)

(Signed)

Witness

(Name)

*By a representative under section 70(4) of the Criminal Procedure (Scotland) Act 1995, by counsel (an advocate or solicitor advocate) or by a solicitor.

FORM 8.2-H
Rule 8.2(5)

Form of notice for body corporate to appear under section 66(6) of the Criminal Procedure (Scotland) Act 1995
IMPORTANT NOTICE

(CITATION)

Prosecution reference: . . . . . . . . . . . . .

TO: (name of body corporate) (address)

A CRIMINAL CASE IS BEING BROUGHT AGAINST (NAME OF BODY CORPORATE)

A document has been prepared which sets out the criminal charges against (name of body corporate).

That document (the "indictment") is attached to this notice.

(NAME OF BODY CORPORATE) MUST BE REPRESENTED* at (place) High Court of Justiciary (address) on (date) at (time) for a preliminary hearing [or at (place) Sheriff Court (address) on (date) at (time) for a first diet and on (date) at (time) for a trial diet] at which (name of body corporate) will be required to answer the criminal charges against it in the indictment.

[Where the indictment is in respect of the High Court: IF (NAME OF BODY CORPORATE) IS NOT REPRESENTED AT THE PRELIMINARY HEARING-

(a)

THE HEARING MAY PROCEED; AND

(b)

A TRIAL DIET MAY BE APPOINTED IN ITS ABSENCE]

IF (NAME OF BODY CORPORATE) IS NOT REPRESENTED AT THE TRIAL DIET, THE TRIAL MAY PROCEED IN ITS ABSENCE.

(Signed)

Officer of Law

(Name, address, e-mail address and telephone number)

*By a representative under section 70(4) of the Criminal Procedure (Scotland) Act 1995, by counsel (an advocate or solicitor advocate) or by a solicitor.

PART 5

FORM 9A.1
Rule 9A.1(1)

Form of minute of notice under section 72(3) or (6)(b)(i) of the Criminal Procedure (Scotland) Act 1995
UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE CLERK AND THE LORDS COMMISSIONERS OF JUSTICIARY

MINUTE

by

HER MAJESTY'S ADVOCATE

[or [A.B.] (address)

[or Prisoner in the Prison of (place)]]

HUMBLY SHEWETH:

1. That [A.B.][, along with (name(s) of co-accused),] has been indicted at the instance of Her Majesty's Advocate to a preliminary hearing in the High Court of Justiciary at (place) at (time) on (date).

2. That the minuter is raising the following preliminary plea[s] [or preliminary issue[s]]:-

here specify the preliminary plea(s) or issue(s)

3. That a copy of this minute has been duly intimated to Her Majesty's Advocate [or the accused] [and to the said (name(s) of co-accused)] conform to execution[s] attached to this minute.

MAY IT THEREFORE PLEASE YOUR LORDSHIPS:

[(a)]to consider the above preliminary plea[s] [and/or preliminary issue[s]] at the preliminary hearing[;

(b) to order that the following productions be made available at that diet].

IN RESPECT WHEREOF

(Signed)

Prosecutor

[or Legal representative of [A.B.]]

(Name, address, e-mail address and telephone number)

(Place and date)

FORM 9A.2
Rule 9A.2(1)

Form of application for dispensing with a preliminary hearing
UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

JOINT APPLICATION

by

HER MAJESTY'S ADVOCATE

and

[A.B.] (address)

[or Prisoner in the Prison of (place)]

HUMBLY SHEWETH:

     1. That a preliminary hearing has been fixed in the case of Her Majesty's Advocate against (name of accused) at (place) on (date).

     2. That the prosecutor and the accused are ready to proceed to trial as set out in the attached Joint Written Record in Form 9A.4.

     3. That there are no preliminary pleas, preliminary issues or other matters which require to be, or could with advantage be, disposed of before the trial.

     4. There are no persons to whom section 72(7) of the Criminal Procedure (Scotland) Act 1995 applies.

     5. That the following witnesses are required by the prosecutor to attend the trial:-

specify

6. That the following witnesses are required by the accused to attend the trial:-

specify

     7. That parties are ready and able to proceed to trial on (date) and that the expected length of the trial is (specify).

MAY IT THEREFORE PLEASE YOUR LORDSHIPS:

    (1) to discharge the preliminary hearing fixed for (date);

    (2) to appoint a trial diet.

IN RESPECT WHEREOF:

(Signed)

Prosecutor

(Name, address, e-mail address and telephone number)

(Place and date)

(Signed)

Legal representative of [A.B.]

(Name, address, e-mail address and telephone number)

(Place and date)

FORM 9A.4
Rule 9A.4(1)

Form of written record of state of preparation
IN THE HIGH COURT OF JUSTICIARY

AT (place)

WRITTEN RECORD OF STATE OF PREPARATION

in the case of

HER MAJESTY'S ADVOCATEd1>

against

[A.B.] (address)

[or Prisoner in the Prison of (place)]

Preliminary hearing: (date)

	Prosecutor	Accused's legal representative
Name:	(name)	(name)
Address:	(address)	(address)
E-mail address:
Telephone number:
Reference number:

The prosecutor and the accused's legal representative record their state of preparation as set out in the Schedules.

(Signed)

Prosecutor

(Date and place)

(Signed)

Accused's legal representative

(Date and place)

SCHEDULE 1 (Prosecutor) In this Schedule, unless otherwise stated, references to sections are to sections of the Criminal Procedure (Scotland) Act 1995	*delete as appropriate
Plea 1. Has a plea of guilty been accepted on behalf of Her Majesty's Advocate? If the answer to the preceding question is yes, the following questions are not applicable.	Yes/No*
Preliminary issues 2. Has notice been given on behalf of Her Majesty's Advocate of a preliminary issue within the meaning of section 79(2)(b)? If the answer to the preceding question is yes, attach a copy of each notice.	Yes/No*
Objections to admissibility of evidence 3. Is there any objection to the admissibility of any evidence you wish to raise on behalf of Her Majesty's Advocate despite not having given notice of a preliminary issue within the meaning of section 79(2)(b)? If the answer to the preceding question is yes, specify each objection to the admissibility of evidence and summarise the reasons for not having given notice under section 79(2)(b):-	Yes/No*
Other applications/notices 4. Has any of the following been lodged with the court on behalf of Her Majesty's Advocate? - A child witness notice under section 271A(2) - A vulnerable witness application under section 271C(2) - An application under section 275(1) (application to admit evidence relating to the character and conduct of complainer) - An application under section 288F(2) (application for an order prohibiting the accused from conducting defence in person at trial) If the answer to the preceding question is yes, attach a copy of each application or notice. N.B. Sections 271A(2), 271C(2) and 288F(2) are not in force as at 1st February 2005. Until those provisions are in force, reference should be made here to any application under section 271 (evidence of vulnerable persons: special provisions).	Yes/No*
Other matters 5. Are there any other matters which might be disposed of with advantage before the trial? For instance, are there any outstanding devolution minutes, section 67 notices or applications for recovery of documents? If the answer to the preceding question is yes, specify each matter which might be disposed of with advantage before the trial:-	Yes/No*
Agreements and admissions of evidence 6. Have any facts and documents been the subject of a minute under section 256(2) (minute of admission or agreement)? If the answer to the preceding question is yes, attach a copy of each minute.	Yes/No*
Duty to seek agreement of evidence 7. Specify any steps which have been taken under section 257 (duty to seek agreement of evidence):-
Uncontroversial evidence 8. Has either party served a statement under section 258(2) (statement of uncontroversial evidence) on the other party? If the answer to the preceding question is yes, (i) attach a copy of each statement (ii) specify any matters which are deemed to have been conclusively proved:- (iii) attach a copy of any notice of challenge under section 258(3) and (iv) attach a copy of any application under section 258(4A) (application for direction that a challenge in a notice under section 258(3) is to be disregarded)	Yes/No*
Witnesses 9. Specify which of the witnesses included within the list of witnesses are required:- [indicate which, if any, of these witnesses is a child witness: ("CW") or vulnerable witness: ("VW")]
Availability of witnesses 10. Specify any dates on which any of the witnesses specified in paragraph 9 above would not be available to give evidence and indicate the reason (if known):-
Preparation for trial 11. Are you ready, if necessary, to proceed to trial? If your answer to the previous question is no, specify the reason(s) you are not ready to proceed to trial and the date by which you will be ready to proceed to trial.	Yes/No*
Estimated length of trial 12. Specify how long you estimate that the trial, if any, will last.
Name of counsel 13. Specify the name of counsel and specify any dates on which it is known that he or she will not be available:-
Equipment 14. Will any of the following be required at the trial diet? - screens - display of video-tape evidence - playback of police interview audio-tape - document camera - CD/DVD evidence in computer format (parties must supply laptop PC or other means of display) - equipment for giving evidence by closed circuit television camera - other equipment If yes, specify:	Yes/No*
Interpreters 15. Will an interpreter be required for the trial diet? If the answer is yes, please provide details:-	Yes/no*

SCHEDULE 2 (Legal Representative of [A.B.]) In this Schedule, unless otherwise stated, references to sections are to sections of the Criminal Procedure (Scotland) Act 1995	*delete as appropriate
Plea 1. Has the prosecutor accepted a plea of guilty? If the answer to the preceding question is yes, the following questions are not applicable.	Yes/No*
Section 196 1A. Is the accused aware of the terms of section 196?	Yes/No*
Preliminary pleas 1B. Has notice been given on behalf of the accused of a preliminary plea within the meaning of section 79(2)(a)? If the answer to the preceding question is yes, attach a copy of each notice.	Yes/No*
Preliminary issues 2. Has notice been given on behalf of the accused of a preliminary issue within the meaning of section 79(2)(b)? If the answer to the preceding question is yes, attach a copy of each notice.	Yes/No*
Objections to admissibility of evidence 3. Is there any objection to the admissibility of any evidence which you wish to raise on behalf of the accused despite not having given notice of a preliminary issue within the meaning of section 79(2)(b)? If the answer to the preceding question is yes, specify each objection to the admissibility of evidence and summarise the reasons for not having given notice under section 79(2)(b):-	Yes/No*
Other applications/notices 4. Has any of the following been lodged with the court on behalf of the accused? - A child witness notice under section 271A(2) - A vulnerable witness application under section 271C(2) - An application under section 275(1) (application to admit evidence relating to the character and conduct of complainer) - An application under section 288F(2) (application for an order prohibiting the accused from conducting defence in person at trial) If the answer to the preceding question is yes, attach a copy of each application or notice. N.B. Sections 271A(2), 271C(2) and 288F(2) are not in force as at 1st February 2005. Until those provisions are in force, reference should be made here to any application under section 271 (evidence of vulnerable persons: special provisions).	Yes/No*
Defence 4A. Have any of the following been lodged with the court on behalf of the accused? - a plea of special defence or notice of intention to lead evidence calculated to exculpate the accused by incriminating a co-accused under section 78(1) - notice of witnesses or productions under section 78(4) If the answer to the preceding question is yes, attach a copy of each plea and notice.	Yes/No*
Other matters 5. Are there any other matters which might be disposed of with advantage before the trial? For instance, are there any outstanding devolution minutes, section 67 notices or applications for recovery of documents? If the answer to the preceding question is yes, specify each matter which might be disposed of with advantage before the trial:-	Yes/No*
Agreements and admissions of evidence 6. Have any facts and documents been the subject of a minute under section 256(2) (minute of admission or agreement)? If the answer to the preceding question is yes, attach a copy of each minute.	Yes/No*
Duty to seek agreement of evidence 7. Specify any steps which have been taken under section 257 (duty to seek agreement of evidence):-
Uncontroversial evidence 8. Has either party served a statement under section 258(2) (statement of uncontroversial evidence) on the other party? If the answer to the preceding question is yes, (i) attach a copy of each statement (ii) specify any matters which are deemed to have been conclusively proved:- (iii) attach a copy of any notice of challenge under section 258(3) and (iv) attach a copy of any application under section 258(4A) (application for direction that a challenge in a notice under section 258(3) is to be disregarded)	Yes/No*
Witnesses 9. Specify which of the witnesses included within the list of witnesses are required. [indicate which, if any, of these witnesses is a child witness: ("CW") or vulnerable witness: ("VW")]
Availability of witnesses 10. Specify any dates on which any of the witnesses specified in paragraph 9 above would not be available to give evidence and indicate the reason (if known):-
Preparation for trial 11. Are you ready, if necessary, to proceed to trial? If your answer to the previous question is no, specify the reason(s) you are not ready to proceed to trial and the date by which you will be ready to proceed to trial.	Yes/No*
Estimated length of trial 12. Specify how long you estimate that the trial, if any, will last.
Name of counsel 13. Specify the name of counsel and specify any dates on which it is known that he or she will not be available:-
Equipment 14. Will any of the following be required at the trial diet? - screens - display of video-tape evidence - playback of police interview audio-tape - document camera - CD/DVD evidence in computer format (parties must supply laptop PC or other means of display) - equipment for giving evidence by closed circuit television camera - other equipment If yes, specify:	Yes/No*
Interpreters 15. Will an interpreter be required for the trial diet? If the answer is yes, please provide details:-	Yes/No*

FORM 9A.7
Rule 9A.7

Form of note of appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995 against a decision of the High Court at a preliminary hearing
UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

NOTE OF APPEAL

by

HER MAJESTY'S ADVOCATE

[or [A.B.] (address)

[or Prisoner in the Prison of (place)]]

HUMBLY SHEWETH:

     1. That in the High Court sitting at (place) on (date) a preliminary hearing was held in the case of Her Majesty's Advocate against [A.B.] [and (name(s) of co-accused)].

     2. That the trial has been appointed for (date).

     3. That the ground[s] of submission raised at the preliminary hearing was [or were] (specify).

     4. That the decision of the court was (specify).

     5. That the court granted leave to appeal against that decision.

     6. That [A.B.] appeals to the High Court of Justiciary against that decision on the following grounds:-

specify

ACCORDING TO JUSTICE, etc.

(Signed)

Prosecutor

[or Accused's Legal Representative]

(Name, address, e-mail address and telephone number)

(Place and date)

FORM 9A.8
Rule 9A.8

Form of minute of abandonment of appeal made under section 74(1) of the Criminal Procedure (Scotland) Act 1995 against a decision of the court at a preliminary hearing
NOTICE OF ABANDONMENT OF APPEAL

Name of appellant:

[If accused Date of birth:

Prisoner in the Prison of (place) [or as the case may be]]

Crime or offence to which appeal relates:

Court:

The above appellant, having lodged a note of appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995, abandons, as from this date, that appeal against the decision at the first diet.

(Signed)

Prosecutor

[or Legal representative of [A.B.]]

(Name, address, e-mail address and telephone number)

(Place and date)

FORM 9B.1
Rule 9B.1(1)

Form of minute of notice under section 79A(2) of the Criminal Procedure (Scotland) Act 1995
UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE CLERK AND THE LORDS COMMISSIONERS OF JUSTICIARY

[UNTO THE HONOURABLE THE SHERIFF OF (name of sheriffdom)

AT (place)]

MINUTE

by

HER MAJESTY'S ADVOCATE

[or [A.B.] (address)

[or Prisoner in the Prison of (place)]]

HUMBLY SHEWETH:

     1. That [A.B.], [, along with (name(s) of co-accused),] has been indicted at the instance of Her Majesty's Advocate.

     2. That a preliminary hearing [or first diet] took place at the High Court of Justiciary [or sheriff court] at (place) on (date).

     3. That a trial diet is to take place at (time) on (date).

     4. That the minuter intends to raise the following objections to the admissibility of evidence:-

here specify objection(s)

5. That the minuter could not reasonably have raised that [or those]objection(s) at the preliminary hearing (or first diet) for the following reason(s):-

here specify reason(s)

6. That a copy of this minute has been duly intimated conform to the execution(s) attached to this minute.

MAY IT THEREFORE PLEASE YOUR LORDSHIP(S):

[(a)] to grant leave under section 79A(2) to raise the foregoing objection(s);

(b) to appoint a diet to be held before the commencement of the trial for the purposes of disposing of this minute [and the objection(s)];

IN RESPECT WHEREOF

(Signed)

Prosecutor

[or

Legal representative of [A.B.]]

(Name, address, e-mail address and telephone number)

(Place and date)

PART 6

FORM 12.1
Rule 12.1(3)

Form of intimation by prosecutor of adjournment of diet under section 75A of the Criminal Procedure (Scotland) Act 1995
HER MAJESTY'S ADVOCATE against (here name all accused)

To: (name and address of accused)

TAKE NOTICE:

    (1) That, the diet (specify) fixed for (date) was adjourned, in your absence, to (date);

    (2) That YOU ARE THEREFORE REQUIRED TO APPEAR at the High Court of Justiciary [or Sheriff Court] sitting at (place) on (date) at (time) to answer to the indictment which has already been served on you.

Served on the day of (date) by me by (here state method of service)

(Signed)

Prosecutor

(Name, address, e-mail address and telephone number)

(Place and date)

FORM 12.2-A
Rule 12.2(1)

Form of minute for alteration of diet under section 75A of the Criminal Procedure (Scotland) Act 1995
UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE-CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

[or UNTO THE HONOURABLE THE SHERIFF

OF (name of sheriffdom) AT (place)]

MINUTE

By

Her Majesty's Advocate

[or [A.B.] (address)

[or Prisoner in the Prison of (place)]]

HUMBLY SHEWETH:

     1. That [A.B.] [, along with (name(s) of co-accused),] has been indicted at the instance of Her Majesty's Advocate in the High Court of Justiciary [or in the sheriff court] at (place) and a diet of (specify) has been fixed for (date).

     [2. (Here narrate any hearings fixed previously and decisions of the court.)]

     2. That the minuter applies to the court for alteration of the diet for the following reasons:-

here state reasons

3. The following statutory time-limits apply in this case:-

specify relevant dates

MAY IT THEREFORE PLEASE YOUR LORDSHIP[S]:

specify

IN RESPECT WHEREOF

(Signed)

Prosecutor

[or Legal representative of [A.B.]]

(Name, address, e-mail address and telephone number)

(Place and date)

FORM 12.2-B
Rule 12.2(2)

Form of joint minute for alteration of diet under section 75A of the Criminal Procedure (Scotland) Act 1995
UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE-CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

[or UNTO THE HONOURABLE THE SHERIFF

OF (name of sheriffdom) AT (place)]

JOINT MINUTE

By

(1) Her Majesty's Advocate and

(2) [A.B.] (address) [or Prisoner in the Prison of (place)]

MINUTERS

HUMBLY SHEWETH:

1. That [A.B.] has been indicted at the instance of Her Majesty's Advocate for trial in the High Court of Justiciary sitting [or in the sheriff court] at (place) and a diet of (specify) has been fixed for (date);

2. That the minuters apply to the court to discharge the diet for the following reasons:-

here state reasons

3. That the following time limits under section 65 of the Criminal Procedure (Scotland) Act 1995 apply in this case:-

here state time limits and relevant dates

MAY IT THEREFORE PLEASE YOUR LORDSHIP[S]:

specify

IN RESPECT WHEREOF

(Signed)

Prosecutor

(Name, address, e-mail address and telephone number)

(Place and date)

(Signed)

Legal representative of [A.B.]

(Name, address, e-mail address and telephone number)

(Place and date)

FORM 12.7
Rule 12.7

Form of minute of continuation of a floating trial diet in the High Court of Justiciary
Her Majesty's Advocate against [A.B.]

The court continued the trial diet appointed for [date] until [date of next sitting day].

(Signed)

Clerk

[The court further continued the trial diet appointed for [date] until [date of next sitting day].]

(Signed)

Clerk

[The court further continued the trial diet appointed for [date] until [date of next sitting day].]

(Signed)

Clerk

[The court further continued the trial diet appointed for [date] until [date of next sitting day].]

(Signed)

Clerk

PART 7

FORM 13A.2-A
Rule 13A.2(1)

Form of application for warrant for the apprehension of a witness under section 90A or 90D of the Criminal Procedure (Scotland) Act 1995
UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE-CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

[or UNTO THE HONOURABLE THE SHERIFF

OF (name of sheriffdom) AT (place)]

APPLICATION

for

WARRANT FOR THE APPREHENSION OF A WITNESS

by

Her Majesty's Advocate

[or [A.B.] (address)[or Prisoner in the Prison of (place)]]

HUMBLY SHEWETH:

1. That [A.B.] has been indicted at the instance of Her Majesty's Advocate in the High Court of Justiciary [or in the sheriff court] at (place).

2. (Here state grounds for application).

MAY IT THEREFORE PLEASE YOUR LORDSHIP[S]:

address

IN RESPECT WHEREOF

(Signed)

Prosecutor

[or Legal representative of [A.B.]]

(Name, address, e-mail address and telephone number)

(Place and date)

FORM 13A.2-B
Rule 13A.2(3)

Form of warrant for the apprehension of a witness under section 90A of the Criminal Procedure (Scotland) Act 1995
(Place and date). The High Court of Justiciary [or Sheriff] at (place) grants a warrant under section 90A(1) of the Criminal Procedure (Scotland) Act 1995 in the case of Her Majesty's Advocate against [A.B.] for the apprehension of [ C.D.] (address) ("the witness").

By virtue of section 90A(6) of that Act, this warrant implies warrant to officers of law-

(Signed)

Sheriff [or, in the High Court, Clerk of Court]

(Name, address, e-mail address and telephone number)

Note to officers of law: contact the clerk of court on apprehension of the witness.

FORM 13A.3
Rule 13A.3

Form of application for review under section 90D(1) of the Criminal Procedure (Scotland) Act 1995
UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE-CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

[or UNTO THE HONOURABLE THE SHERIFF

OF (name of sheriffdom) AT (place)]

APPLICATION

under section 90D of the Criminal Procedure (Scotland) Act 1995

for

REVIEW OF AN ORDER

By

[C.D.](address)

HUMBLY SHEWETH:

     1. That [C.D.] is a witness in the case of Her Majesty's Advocate against [A.B.].

     2. That an order under section 90A(1)(a) [or 90A(1)(b)] of the Criminal Procedure (Scotland) Act 1995 was made against [C.D.] on (date).

     3. (Here state the grounds for the application).

MAY IT THEREFORE PLEASE YOUR LORDSHIP(S) TO:

(specify)

IN RESPECT WHEREOF

(Signed)

Legal representative of [C.D.]

(Name, address, e-mail address and telephone number)

FORM 13A.4
Rule 13A.4

Form of note of appeal under section 90E(1) of the Criminal Procedure (Scotland) Act 1995
UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

NOTE OF APPEAL

by

HER MAJESTY'S ADVOCATE

[or [A.B.] (address)

[or Prisoner in the Prison of (place)]

[or [C.D.] (address)]]

HUMBLY SHEWETH:

     1. That on (date) the High Court of Justiciary [or Sheriff] at (place) made the following order under section 90B of the Criminal Procedure (Scotland) Act 1995:-

(specify)

     2. That Her Majesty's Advocate [or A.B. or C.D.] appeals to the High Court of Justiciary against that decision on the following grounds:-

(specify).

ACCORDING TO JUSTICE, etc.

(Signed)

Prosecutor

[or Accused's Legal Representative or specify]

(Name, address, e-mail address and telephone number)

(Place and date)

PART 8

FORM 21.2A
Rule 21.2A

Form of application under section 258(4A) of the Criminal Procedure (Scotland) Act 1995
UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD JUSTICE-CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

[or UNTO THE HONOURABLE THE SHERIFF

OF (name of sheriffdom) AT (place)]

APPLICATION

under section 258(4A) of the Criminal Procedure (Scotland) Act 1995

by

HER MAJESTY'S ADVOCATE

[or [A.B.] (address)

[or Prisoner in the Prison of (place)]

APPLICANT

HUMBLY SHEWETH:

     1. That [A.B.][along with (name(s) of co-accused),] has been indicted at the instance of Her Majesty's Advocate with a preliminary hearing in the High Court of Justiciary sitting at (place) on (date) [or with a first diet on (date) at the sheriff court of (place)].

     2. That on (date) the Applicant served the attached statement of uncontroversial evidence under section 258(2) of the Criminal Procedure (Scotland) Act 1995 ("the 1995 Act").

     3. That on (date) Her Majesty's Advocate [or A.B.] served the attached notice of challenge under section 258(3) of the 1995 Act in respect a fact [or fact[s]] specified or referred to in that statement.

     4. That the following challenge[s] in the notice of challenge is [or are] unjustified for the following reason[s]:-

here specify challenges and reasons

MAY IT THEREFORE PLEASE YOUR LORDSHIP[S]:

IN RESPECT WHEREOF

(Signed)

Prosecutor

[or Legal representative of [A.B.]]

(Name, address, e-mail address and telephone number)

(Place and date)