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Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2005

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Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Miscellaneous) 2005 and shall come into force on 31st March 2005.

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

Amendment of the Act of Adjournal (Criminal Procedure Rules) 1996

2.—(1) The Act of Adjournal (Criminal Procedure Rules) 1996(1) shall be amended in accordance with the following sub-paragraphs.

(2) In rule 2.6 (forms of execution of service)(2)—

(a)at the end of paragraph (5)(e) “and” shall be omitted; and

(b)after paragraph (5)(f) there shall be inserted the following:–

“; and

(g)rule 20.12C(2) or (3) (community reparation orders: forms of citation of offender) shall be in Form 2.6–EG”.

(3) After rule 16.4 (further procedural forms) there shall be inserted the following:–

“Incidental applications out of hours

16.4A.—(1) Where the prosecutor makes an incidental application in Form 16.4–A when the office of the prosecutor is closed, the application shall not require to be signed by the prosecutor but shall state the name of the prosecutor.

(2) The oath of a police officer shall be sufficient to authenticate the application as being an application by the prosecutor named on the application.”.

(4) After rule 20.12B (drug treatment and testing orders)(3) there shall be inserted the following:–

“Community reparation orders

20.12C.—(1) A community reparation order under section 245K(1)(4) of the Act of 1995 shall be in Form 20.12C–A.

(2) The citation of an offender to appear before a court under section 245N(2) of the Act of 1995 (failure to comply with a community reparation order) shall be in Form 20.12C–B.

(3) The citation of an offender to appear before a court under section 245P(3) of the Act of 1995 (extension, variation and revocation of a community reparation order) shall be in Form 20.12C–C.”.

(5) In rule 20.17 (use of certified copy documents in certain proceedings)—

(a)at the end of paragraph (1)(c) “or” shall be omitted; and

(b)at the end of paragraph (1)(d) there shall be inserted the following:–

“or

(e)a community reparation order,”.

(6) In the appendix—

(a)after Form 2.6–EF there shall be inserted the form set out in Part 1 of the Schedule to this Act of Adjournal;

(b)after Form 20.12B–C there shall be inserted the forms set out in Part 2 of the Schedule to this Act of Adjournal.

Cullen of Whitekirk

Lord Justice General I.P.D.

Edinburgh

18th March 2005

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