Act of Adjournal (Criminal Procedure Rules Amendment) (Restriction of Liberty Orders) 1998

• Citation: S.I. 1998/1842
• Sections: 4

Section 1 Citation and commencement

(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment) (Restriction of Liberty Orders) 1998 and shall come into force on 17th August 1998.

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

Section 2 Form of restriction of liberty order etc.

(1) The Act of Adjournal (Criminal Procedure Rules) 1996( shall be amended as follows.

(2) In Chapter 20 (sentencing), after Rule 20.12 insert–

Restriction of liberty orders

(20.12A) –

(1) A restriction of liberty order made under section 245A(1) of the Act of 1995 shall be in form 20.12A-A.

(2) An application under section 245E(1) (application to review a restriction of liberty order) of that Act shall be in form 20.12A-B.

(3) The citation of an offender under section 245E(3) (citation to appear before a court which proposes to vary or revoke a restriction of liberty order) of that Act shall be in form 20.12A-C.

(4) The citation of an offender under section 245F(1) (citation for failure to comply with requirement of restriction of liberty order) of that Act shall be in form 20.12A-D.

(3) In the appendix, after form 20.12-B, insert as forms 20.12A-A, 20.12A-B, 20.12A-C and 20.12A-D the forms so headed in the Schedule to this Act of Adjournal.

Section 1

That a restriction of liberty order, a copy of which is annexed to this application, was made in respect of ( name of offender ) on ( date ) in the High Court of Justiciary sitting [ or in the sheriff court or in the district court] at ( place ).

Section 2

That the applicant applies to the court in terms of subsection (1) of section 245E of the Criminal Procedure (Scotland) Act 1995 to revoke [ or vary] the order for the following reason–

( statement of reason )

MAY IT THEREFORE PLEASE YOUR LORDSHIP[S] [ OR THE COURT]:

to [revoke the restriction of liberty order] [vary the restriction of liberty order by ( statement of variation sought in terms of subsection (2) (a) of the said section 245E) ],

or

to do otherwise as to your Lordship[s] [ or to the court] shall seem proper.

IN RESPECT WHEREOF

( Signed )

Offender

[ or Solicitor for offender]

[ or applicant with responsibility for monitoring compliance]

( Where a solicitor signs, the address and telephone number of the solicitor ).