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Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2009

Made

6th October 2009

Coming into force

27th October 2009

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 21(3) of the Crime (International Co-operation) Act 2003(1), section 223A(1) and section 305 of the Criminal Procedure (Scotland) Act 1995(2), and of all other powers enabling them in that behalf do hereby enact and declare:

Citation and commencement, etc.

1.–(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2009 and comes into force on 27th October 2009.

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

Crime (International Co-operation) Act 2003: overseas freezing orders

2.–(1) After rule 36.9 of the Criminal Procedure Rules 1996 (proceedings before a nominated court)(3) insert–

"Time period for consideration of overseas freezing order

36.9A.–(1) This rule applies where the Lord Advocate has nominated a sheriff to give effect to an overseas freezing order under section 21(2) of the Act of 2003 (considering the overseas freezing order).

(2) Subject to paragraph (3), the sheriff shall consider the order no later than the day after receipt of the order.

(3) The sheriff may, exceptionally, consider the order later than the period prescribed in paragraph (2) but shall do so no later than 5 days after receipt of the order.

(4) Where the day mentioned in paragraph (2) or the last day of the period mentioned in paragraph (3) falls on a Saturday, Sunday or court holiday, such period shall extend to and include the next day which is not a Saturday, Sunday or court holiday.

(5) In calculating the period mentioned in paragraph (3), any Saturday, Sunday or court holiday that falls within that period shall be disregarded.

Form of warrant for seizure and retention of evidence

36.9B. A warrant under section 22(1) of the Act of 2003 (giving effect to the overseas freezing order) shall be in Form 36.9B.

Application for release of evidence

36.9C. An application under section 25(1) of the Act of 2003 (release of evidence held under overseas freezing order) shall be in Form 36.9C.".

(2) After Form 36.8D in the appendix to the Criminal Procedure Rules 1996(4) insert Forms 36.9B and 36.9C set out in Part 1 of the Schedule to this Act of Adjournal.

Confiscation proceedings

3. In Form 37AA.5D-B in the appendix to the Criminal Procedure Rules 1996 (form of timetable order)(5)–

(a) in paragraph 1 for "is to take place on (date)" substitute "is to take place no later than (date)";

(b) after paragraph 3 insert–

"4. The hearing to check preparation before the determination hearing will take place on (date).

5. The determination hearing will take place on (date).".

Mutual recognition of criminal financial penalties

4.–(1) After Chapter 53 of the Criminal Procedure Rules 1996 (review of fixed penalty or compensation offers by procurator fiscal)(6) insert–

"CHAPTER 54 MUTUAL RECOGNITION OF CRIMINAL FINANCIAL PENALTIES

Form of certificate

54.1. A certificate issued under section 223A(1) of the Act of 1995 (recognition of financial penalties: requests to other member States) shall be in Form 54.1.".

(2) After Form 53.1 in the appendix to the Criminal Procedure Rules 1996(7) insert Form 54.1 set out in Part 2 of the Schedule to this Act of Adjournal.

A.C. HAMILTON

Lord Justice General

I.P.D.

Edinburgh

6th October 2009

Paragraphs 2(2) and 4(2)

SCHEDULE

PART 1

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PART 2

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EXPLANATORY NOTE

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

This Act of Adjournal makes various amendments to the Criminal Procedure Rules 1996.

Paragraph 2 inserts new rules 36.9A to 36.9C into Chapter 36 (Crime (International Co-operation) Act 2003) making provision for overseas freezing orders. Rule 36.9A prescribes the time limit within which such orders must be considered by the sheriff. Rule 36.9B provides a form of warrant for seizure and retention of evidence which is the subject of an overseas freezing order. Rule 36.9C provides a form of application for release of evidence held under an overseas freezing order.

Paragraph 3 makes minor amendments to Form 37AA.5D-B (form of timetable order in confiscation proceedings).

Paragraph 4 provides a form of certificate issued under section 223A of the Criminal Procedure (Scotland) Act 1995 (recognition of financial penalties: requests to other member States).

(1)

2003 c.32. Back [1]

(2)

1995 c.46. Section 223A was inserted by the Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009 (S.S.I. 2009/342). Back [2]

(3)

The Criminal Procedure Rules 1996 are contained in Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2009/322). Back [3]

(4)

Form 36.8-D was inserted by S.S.I. 2004/195. Back [4]

(5)

Form 37AA.5D-B was inserted by S.S.I. 2009/244. Back [5]

(6)

Chapter 53 was inserted by S.S.I. 2008/61. Back [6]

(7)

Form 53.1 was inserted by S.S.I. 2008/61. Back [7]

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