Act of Adjournal (Devolution Issues Rules) 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/1346 |
| Year | 1999 |
1999 No. 1346 (S.101)
HIGH COURT OF JUSTICIARY, SCOTLAND
SHERIFF COURT SCOTLAND
SUMMARY JURISDICTION, SCOTLAND
Act of Adjournal (Devolution Issues Rules) 1999
Made 4th May 1999
Coming into force 6th May 1999
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 19951paragraph 37 of Schedule 6 to the Scotland Act 19982paragraph 38 of Schedule 10 to the Northern Ireland Act 19983and paragraph 36 of Schedule 8 to the Government of Wales Act 19984and of all other powers enabling them in that behalf, do hereby enact and declare:
Citation and commencement
1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Devolution Issues Rules) 1999 and shall come into force on 6th May1999.
(2) This Act of Adjournal shall be inserted in the Books of Adjournal.
Amendment of Criminal Procedure Rules
2.—(1) The Act of Adjournal (Criminal Procedure Rules) 1996 is amended as follows.
(2) After Chapter 39 (Proceedings under the Criminal Law (Consolidation) (Scotland) Act) there is inserted the following new Chapter–
“Chapter 40
DEVOLUTION ISSUES
Interpretation of this Chapter
40.1.—(1) In this Chapter–
“Advocate General” means the Advocate General for Scotland;
“devolution issue” means a devolution issue within the meaning of–
(a) Schedule 6 to the Scotland Act 1998;
(b) Schedule 10 to the Northern Ireland Act 1998; or
(c) Schedule 8 to the Government of Wales Act 1998,
and any reference to Schedule 6, Schedule 10 or Schedule 8 is a reference to that Schedule to, respectively, the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 1998;
“the Judicial Committee” means the Judicial Committee of the Privy Council;
“relevant authority” means the Advocate General and–
(a) in the case of a devolution issue within the meaning of Schedule 6, the Lord Advocate;
(b) in the case of a devolution issue within the meaning of Schedule 10, the Attorney General for Northern Ireland, and the First Minister and deputy First Minister acting jointly;
(c) in the case of a devolution issue within the meaning of Schedule 8, the National Assembly for Wales.
(2) For the purposes of this Chapter, a trial shall be taken to commence–
(a)
(a) in proceedings on indictment, when the oath is administered to the jury;
(b)
(b) in summary proceedings, when the first witness is sworn.
(3) Rule 2.1 (service on the Crown) does not apply to any requirement to serve any document on or give any notice or intimation of any matter to the Lord Advocate in pursuance of this Chapter.
Raising devolution issues: proceedings on indictment
40.2.—(1) Where a party to proceedings on indictment proposes to raise a devolution issue he shall, not later than 7 days after the date of service of the indictment, give written notice of his intention to do so in Form 40.2A to the clerk of the court in which the trial is to take place; and a copy of the notice shall, at the same time, be served on the other parties to the proceedings and on the relevant authority.
(2) The copy notice served on the relevant authority under paragraph (1) shall be treated as intimation of the devolution issue arising in the proceedings as mentioned in paragraph 5 of Schedule 6 or, as the case may be, paragraph 23 of Schedule 10 or paragraph 14(1) of Schedule 8, unless the court determines that no devolution issue arises in the proceedings.
(3) Where a relevant authority wishes to become a party to the proceedings as mentioned in paragraph 6 of Schedule 6 or, as the case may be, paragraph 24 of Schedule 10 or paragraph 14(2) of Schedule 8, he shall, not later than 7 days after receipt of the notice served under paragraph (1), give notice in Form 40.2B to the clerk of the court in which the trial is to take place; and a copy of such notice shall be served on the Lord Advocate and every other party to the proceedings.
(4) A record of any notice given under paragraph (1) or (3) shall be made on the record copy of the indictment or in the record of the proceedings, as the case may be.
(5) This Rule is without prejudice to any right of or requirement upon any party to the proceedings to raise any matter or objection or to make any submission or application under section 72 of the Act of 1995.
Raising devolution issues: summary proceedings
40.3.—(1) Where a party to summary proceedings proposes to raise a devolution issue he shall, before the accused or, where there is more than one accused, any accused is called upon to plead, give notice of his intention to raise the devolution issue in Form 40.3A to the clerk of court; and a copy of the notice shall, at the same time, be served on other parties to the proceedings and on the relevant authority.
(2) The copy notice served on the relevant authority under paragraph (1) shall be treated as intimation of the devolution issue arising in the proceedings as mentioned in paragraph 5 of Schedule 6 or, as the case may be, paragraph 23 of Schedule 10 or paragraph 14(1) of Schedule 8, unless the court determines that no devolution issue arises in the proceedings.
(3) Where notice is given under paragraph (1) the court, unless it determines that no devolution issue arises in the proceedings, shall adjourn the case under section 145 of the Act of 1995.
(4) Where a relevant authority wishes to become a party to the proceedings as mentioned in paragraph 6 of Schedule 6 or, as the case may be, paragraph 24 of Schedule 10 or paragraph 14(2) of Schedule 8, he shall, not later than 7 days after receipt of the notice served under paragraph (1), give notice to the clerk of court in Form 40.3B of his intention to do so: and he shall, at the same time, serve a copy of that notice on any other relevant authority and on every other party to the proceedings.
Raising devolution issues: other criminal proceedings
40.4.—(1) This Rule applies to criminal proceedings which are not proceedings on indictment or summary proceedings.
(2) Where a party to proceedings to which this Rule applies proposes to raise a devolution issue he shall give notice of his intention to raise the devolution issue in Form 40.4A to the clerk of court; and a copy of the notice shall, at the same time, be served on the other parties to the proceedings and on the relevant authority.
(3) The copy notice served on the relevant authority under paragraph (2) shall be treated as intimation of the devolution issue arising in the proceedings as mentioned in paragraph 5 of Schedule 6 or, as the case may be, paragraph 23 of Schedule 10 or paragraph 14(1) of Schedule 8, unless the court determines that no devolution issue arises in the proceedings.
(4) Where a relevant authority wishes to become a party to the proceedings as mentioned in paragraph 6 of Schedule 6 or, as the case may be, paragraph 24 of Schedule 10 or paragraph 14(2) of Schedule 8, he shall, not later than 7 days after receipt of the notice served under paragraph (1), give notice to the clerk of court in Form 40.4B of his intention to do so: and he shall, at the same time, serve a copy of that notice on any other relevant authority and on every other party to the proceedings.
Time for raising devolution issue
40.5.—(1) No party to criminal proceedings shall raise a devolution issue in those proceedings except as in accordance with Rule 40.2, 40.3 or 40.4, unless the court, on cause shown, otherwise determines.
(2) Where the court determines that a devolution issue may be raised as mentioned in paragraph (1), it shall make such orders as to the procedure to be followed as appear to it to be appropriate and, in particular, it shall make such orders–
(a)
(a) as are necessary to ensure that intimation of the devolution issue is given in writing to the relevant authority for the purposes of paragraph 5 of Schedule 6 or, as the case may be, paragraph 23 of Schedule 10 or paragraph 14(1) of Schedule 8; and
(b)
(b) as to the time in which any step is to be taken by any party in the proceedings.
Specification of devolution issue
40.6. The notice given under paragraph (1) of Rule 40.2 or 40.3 or paragraph (2) of Rule 40.4 shall specify the facts and circumstances and contentions of law on the basis of which it is alleged that a devolution issue arises in the proceedings in sufficient detail to enable the court to determine, for the purposes of paragraph 2 of Schedule 6 or, as the case may be, of Schedule 10 or Schedule 8, whether a devolution issue arises in the proceedings.
Reference of devolution issue to the High Court
40.7.—(1) Where a court, other than a court consisting of two or more judges of the High Court of Justiciary, decides to refer a devolution issue to the High Court of Justiciary under paragraph 9 of Schedule 6 or, as the case may be, paragraph 27 of Schedule 10 or paragraph 17 of Schedule 8, the court shall–
(a)
(a) pronounce an order giving directions to the parties about the manner and time in which the reference is to be drafted;
(b)
(b) give its reasons for making the reference and cause those reasons to be recorded in the record or minutes of proceedings, as the case may be; and
(c)
(c) continue the proceedings from time to time as necessary for the purpose of the reference.
(2) The reference–
(a)
(a) shall then be adjusted at the sight of the court in such manner as the court may direct; and
(b)
(b) after approval and the making of an appropriate order by the court shall (after the expiry of any period for appeal) be transmitted by the clerk of court to the Clerk of Justiciary with a certified copy of the record or minutes of proceedings, as the case may be, and, where applicable, a certified copy of the relevant indictment or complaint.
(3) Where the court determines that a devolution issue may be raised during a...
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