Act of Adjournal (Consolidation) 1988
| Jurisdiction | UK Non-devolved |
1988 No. 110 (S.14)
HIGH COURT OF JUSTICIARY, SCOTLAND
SUMMARY JURISDICTION, SCOTLAND
Act of Adjournal (Consolidation) 1988
Made 21th January 1988
Coming into force 21th March 1988
The Lord Justice General,the Lord Justice Clerk and Lords Commissioners of Justiciary,under and by virtue of the powers conferred upon them by sections 282 and 457 of the Criminal Procedure (Scotland) Act 19751, section 1 of the Public Records(Scotland) Act 19372, section 38 of the Legal Aid (Scotland) Act 19863, and of all other powers enabling them in that behalf, hereby enact the following rules:
INTRODUCTORY
Citation and commencement
1. This Act of Adjournal may be cited as the Act of Adjournal (Consolidation) 1988 and shall come into force on 21st March 1988.
This Act of Adjournal shall be inserted in the Books of Adjournal.
Interpretation
2. In this Act of Adjournal, unless the context otherwise requires—
“the 1975 Act” means the Criminal Procedure (Scotland) Act 1975;
“the 1980 Act” means the Criminal Justice (Scotland) Act 19804.
Except where the context otherwise requires, expressions used in this Act of Adjournal and in the 1975 Act shall have the same meaning in this Act of Adjournal as in that Act and any reference to a section by number is a reference to the section of that number in the 1975 Act.
A reference to a numbered form includes a form as nearly as may be in that form having regard to the particular circumstances.
CHAPTER I
SOLEMN PROCEDURE
PART I
PROCEDURE PRIOR TO TRIAL
Service
Proof of service outside Scotland
3. Where any citation of an accused person is served in England, Wales or Northern Ireland by an officer effecting such service in accordance with the provisions of section 39(3) of the Criminal Law Act 19775, the evidence of either—
that officer on oath; or
written execution of service or citation signed by him,
shall be sufficient evidence of such service.
Bail Order
Application to alter address in Bail Order
4. An application in writing under section 2(2) of the Bail etc. (Scotland) Act 19806, to alter the address specified in the order granting bail shall—
include the following information:—
identification of the proceedings in which the order was made;
details of the new address;
reasons for the proposed change of address; and
be sent to the clerk of the court which made the order.
On receipt of the application, the clerk of court shall forthwith send a copy to the prosecutor.
The prosecutor shall, within 7 days of receipt of the copy of the application, notify the clerk of court in writing whether or not he intends to oppose the application.
Where the prosecutor notifies the clerk of court that he does not intend to oppose the application, the court shall proceed to dispose of the application and may do so in the absence of the applicant.
Where the prosecutor notifies the clerk of court that he intends to oppose the application, the clerk of court shall arrange a hearing before the court in chambers at which the applicant and the prosecutor may appear or be represented.
The clerk of court shall give notice in writing to the applicant and the prosecutor of the decision of the court on an application made under paragraph (1).
Citation of Defence Witnesses for Precognition
Application
5. An application to the sheriff made by an accused under section 9(1) of the 1980 Act for warrant to cite any person to appear before the sheriff in chambers for precognition on oath by the accused or his solicitor shall be made—
to the sheriff in whose sheriffdom the proceedings in respect of which the accused seeks that person’s precognition have been commenced;
by way of petition in the form set out in Form 1 or 2, whichever is appropriate, of Schedule 1.
On an application being made to the sheriff under paragraph (1), he shall—
order intimation of the application to be made to the procurator fiscal;
fix a diet for a hearing of the application.
Order for taking precognition
6. If, after the hearing, the sheriff is satisfied that it is reasonable to require such precognition on oath in the circumstances, he shall—
order the precognition to be taken;
fix a diet for it to be taken;
grant warrant to cite the person from whom it is to be taken.
Citation
7. Citation of that person to attend the diet fixed for taking his precognition on oath shall be made by way of personal service on him by an officer of law acting on the instructions of the accused or his solicitor, and relative execution of service shall be produced at the diet fixed under rule 6.
If that person fails to appear at that diet and the sheriff issues a warrant for his apprehension under section 9(2) of the 1980 Act, execution of that warrant—
shall be executed by an officer of law, instructed by the accused or his solicitor;
may proceed on a copy of the petition and warrant duly signed by the sheriff clerk.
The sheriff clerk shall immediately give notice of that person’s failure to appear at the diet to the procurator fiscal.
Record of proceedings
8. Where that person appears before the sheriff to have his precognition taken on oath, the proceedings shall be recorded in shorthand by an official shorthand writer instructed by the accused or his solicitor.
The shorthand writer shall extend his shorthand notes recording the proceedings, sign the transcript, and lodge it with the sheriff clerk.
On the transcript being lodged, the sheriff clerk shall—
send a copy to the solicitor for the accused or, if he is not represented, to the accused;
fix a diet for the person whose precognition has been taken on oath to attend before the sheriff clerk to sign the precognition.
Fees of shorthand writers
9. The solicitor for the accused, or if he is unrepresented, the accused, shall be liable for payment of—
the fees of the shorthand writer;
the expenses of the person precognosced on oath,
and shall tender any such expenses in advance if required by that person to do so.
If the accused is unrepresented, the sheriff may at the hearing of the application, or at any time before the precognition is taken, order the accused to consign in court such sum as he may be required to pay under paragraph (1) in respect of fees and expenses on or before such date as the sheriff may specify in the order.
If the sheriff orders the accused to consign a sum in court under paragraph (2), and that sum is not consigned by the date specified in the order, the application shall be treated as abandoned.
Citation and List of Jurors
Warrants for citation
10. The forms specified in column 3 of the Table set out below and set out under those numbers in Schedule 1 are the forms prescribed for the purposes of the sections specified in column 1 of the Table relating respectively to the matters summarised in column 2 of the Table, and shall have effect for those purposes.
TABLE
(1) |
(2) |
(3) |
No. of Section |
Content |
No. of Form |
69 |
Warrant to cite accused person, witnesses and jurors |
3 |
69 |
Execution of service of indictment and of citation of accused |
4 |
757 |
Notice to accused to appear at diet |
5. |
In section 69 (warrants for citation)—
for the words “conform to Schedule B to the Criminal Procedure (Scotland) Act 1887” and also for the words “conform to Schedule C of that Act” substitute the words “in such form as may be prescribed by Act of Adjournal, or as nearly as may be in such form”;
in the last paragraph, omit the words “The warrant and”, and for the words “B to E” substitute the words “D and E”.
List of jurors
11. The clerk of the court before which the trial is to take place, in preparing a list of jurors for the trial diet under section 968, shall have regard in determining the number of jurors to be listed to the powers of postponing or adjourning any trial diet exercisable by the court under sections 76, 77, 77A9and 102(3)10.
Plea of Guilty
Procedure
12. A notice to appear at a diet of the appropriate court served on an accused under section 102(1) shall—
if an indictment has not already been served, be in the form set out in Form 6 of Schedule 1;
if an indictment has already been served, be in the form set out in Form 7 of Schedule 1.
In any case set down for trial in the High Court, any such diet under section 102(1) may be called before the High Court sitting in Edinburgh, whether or not the case has already been set down for trial at any sitting elsewhere and whether or not any notice has already been served on the accused under section 75.
Notwithstanding the provisions of section 102(3), the court may postpone the trial diet under that section if, but only if—
all the accused have given intimation in accordance with the provisions of section 102(1); and
are present at the diet called under section 102(1); and
a motion in that behalf is made to the court at that diet.
If the court grants that motion, the order granting it shall—
be endorsed on the record copy indictment;
be authenticated by the presiding judge subscribing his signature;
be entered in the record of proceedings;
have effect for the purposes of section 69 as a warrant of citation issued under that section by the Clerk of Justiciary or sheriff clerk, as the case may be, for the date to which the trial diet has, by virtue of that order, been postponed.
A copy of the order shall be sent by the clerk of court to the governor of any institution in which any accused is detained.
Any requirement to call the diet in any case where such an order has been made shall have effect only in relation to the...
To continue reading
Request your trial