Act of Adjournal (Criminal Procedure Rules Amendment No.7) (Double Jeopardy (Scotland) Act 2011) 2011
| Year | 2011 |
SCOTTISH STATUTORY INSTRUMENTS
2011 No. 387
HIGH COURT OF JUSTICIARY
SHERIFF COURT
JUSTICE OF THE PEACE COURT
Act of Adjournal (Criminal Procedure Rules Amendment No.7)
(Double Jeopardy (Scotland) Act 2011) 2011
Made----2nd November 2011
Laid before the Scottish Parliament4th November 2011
Coming into force--28th November 2011
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(a), section 165 of the Criminal Justice and Licensing (Scotland) Act 2010(b),
and of all other powers enabling them in that behalf do hereby enact and declare:
Citation, commencement etc.
1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules
Amendment No.7) (Double Jeopardy (Scotland) Act 2011) 2011.
(2)It comes into force on 28th November 2011.
(3)A certified copy of this Act of Adjournal is to be inserted in the Books of Adjournal.
(4)The Criminal Procedure Rules 1996(c) are amended in accordance with the following
paragraphs.
Disclosure and Double Jeopardy
2.—(1) In Chapter 7A (disclosure)(d)—
(a)in rule 7A.3 (applications for ruling on disclosure) for paragraph (1) substitute—
“(1) An application under section 128(2), section 139(2) or section 140E(2) of the 2010
Act shall be in Form 7A.3.”.
(b)in rule 7A.4 (review of ruling on disclosure) for paragraph (1) substitute—
(a) 1995 c.46.
(b) 2010 asp 13.
(c) 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. 2011/355).
(d) Chapter 7A was inserted by S.S.I. 2011/242, last amended by S.S.I. 2011/290.
2
“(1) an application under section 129(2), section 140(2) or section 140F(2) of the 2010
Act shall be in Form 7A.4.”.
(2)In the appendix, for Forms 7A.3, 7A.4, 7A.6-C and 7A.7-A substitute respectively
Forms 7A.3, 7A.4, 7A.6-C and 7A.7-A set out in Part 1 of the Schedule to this Act of Adjournal.
Double Jeopardy
3.—(1) After Chapter 58 (Control of Dogs (Scotland) Act 2010)(a) insert—
“CHAPTER 59
DOUBLE JEOPARDY (SCOTLAND) ACT 2011
Interpretation
59.1. In this Chapter, “the 2011 Act” means the Double Jeopardy (Scotland) Act 2011(b).
Exceptions to the rule against Double Jeopardy: applications by the Lord Advocate
59.2.—(1) An application by the Lord Advocate to set aside a person’s acquittal and grant
authority to bring a new prosecution—
(a) under section 2(2) of the 2011 Act (tainted acquittals);
(b) under section 3(3)(b) of the 2011 Act (admission made or becoming known after
acquittal);
(c) under section 4(3)(b) of the 2011 Act (new evidence),
shall be in Form 59.2.
(2) On making an application the Lord Advocate shall send a copy of the application to
the acquitted person.
Other subsequent prosecutions: applications by the prosecutor
59.3.—(1) An application by the prosecutor—
(a) under section 11(3) of the 2011 Act (eventual death of injured person) shall be in
Form 59.3-A;
(b) under section 12(3) of the 2011 Act (nullity of proceedings on previous indictment
or complaint) shall be in Form 59.3-B.
(2) On making an application the prosecutor shall send a copy of the application to the
person to whom the application relates.
Hearing and determination of applications
59.4.—(1) This rule applies to the hearing and determination of an application mentioned
in this Chapter.
(2) On an application being lodged the Clerk of Justiciary shall—
(a) appoint a hearing on the application;
(b) intimate the date and time of the hearing to the parties;
(c) grant warrant for the citation of witnesses and the lodging of productions by the
parties;
(a) Chapter 58 was inserted by S.S.I. 2011/194.
(b) 2011 asp 16.
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