Act of Adjournal (Criminal Procedure Rules Amendment No. 3) 1997

• Citation: S.I. 1997/1788
• Sections: 3

Section 1 Citation and commencement

(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No.3) 1997 and shall come into force on 11th August 1997.

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

Section 2 Amendment of Criminal Procedure Rules 1996

(1) Schedule 2 (criminal procedure rules) to the Act of Adjournal (Criminal Procedure Rules) 1996( s hall be amended in accordance with this Act of Adjournal.

(2) In each of rules 15.13 (suspension of disqualification etc. under section 121 of the Criminal Procedure (Scotland) Act 1995) and 19.17 (such suspension under section 193 of that Act), in sub-paragraph (b), for the word “two” substitute “seven”.

(3) In rule 27.4(4) (service of notice)( f or the words “of trial” substitute “before the trial diet”.

(4) In the Appendix—

(a) in Form 2.6-B (form of execution of service of complaint on accused), after the words “( state method of service ).” insert “[I also delivered to him with the copy of the complaint a notice specifying his previous conviction[s].]”; and

(b) in Form 26.1-C (form of certificate that statement not contained in business document), for the words from “( specify ”, where it first occurs, to “ apply )” substitute “specified in paragraph 2(1)(a) and (b) of Schedule 8 to the Criminal Procedure (Scotland) Act 1995”.

Section 3 Saving

Sub-paragraph (2) of paragraph 2 of this Act of Adjournal does not affect the application of rules 15.13 and 19.17 in a case in which the date of such intimation as is mentioned in sub-paragraph (b) of the rule in question was a date before 11th August 1997; and sub-paragraph (4)(a) of that paragraph does not affect the application of rule 2.6(2) in a case in which service of the complaint is executed before 11th August 1997.