2016 No. 426 (C. 44)
The Criminal Justice (Scotland) Act 2016 (Commencement No. 3 and Saving Provision) Order 2016
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 117(2) and (3) of the Criminal Justice (Scotland) Act 20161.
Citation, commencement and interpretation1
1
This Order may be cited as the Criminal Justice (Scotland) Act 2016 (Commencement No. 3 and Saving Provision) Order 2016 and comes into force on 17th January 2017.
2
In this Order—
“the 1995 Act” means the Criminal Procedure (Scotland) Act 19952; and
“the 2016 Act” means the Criminal Justice (Scotland) Act 2016.
Appointed day2
17th January 2017 is the day appointed for the coming into force of the provisions of the 2016 Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table).
Saving provision – judicial examination3
Despite their repeal by section 78 of the 2016 Act, the following provisions of the 1995 Act have effect on and after 17th January 2017 (“the appointed day”) as they had effect immediately before that date—
a
sections 36(10) and (11) and 37, but only in relation to any examination, or further examination, occurring before the appointed day;
b
section 38, but only in relation to any transcript served on the accused under section 37(6)(a) of the 1995 Act in relation to any examination, or further examination, occurring before the appointed day;
c
section 68(1), but only in relation to a record made under section 37 of the 1995 Act in relation to any examination, or further examination, occurring before the appointed day;
d
section 79(2)(b)(iii), but only in relation to an application under section 278(2) of the 1995 Act in respect of a record made under section 37 of that Act in relation to any examination, or further examination, occurring before the appointed day; and
e
section 278, but only in relation to a record made under section 37 of the 1995 Act in relation to any examination, or further examination, occurring before the appointed day.
SCHEDULE
Column 1 Provisions of the 2016 Act | Column 2 Subject matter |
---|---|
Section 60 | Power to modify application of Part 1 |
Section 61 | Further provision about vulnerable persons |
Section 62 | Meaning of constable |
Section 63 | Meaning of officially accused |
Section 64 | Meaning of police custody |
Section 78 | Proceedings on petition |
Section 82 | Preliminary hearings |
Section 83 | Plea of guilty |
Section 87 | Preliminary pleas in summary cases |
Section 88 | Preliminary diets in solemn cases |
Section 89 | Extending certain time limits: summary |
Section 90 | Extending certain time limits: solemn |
Section 91 | Certain lateness not excusable |
Section 92 | Advocation in solemn proceedings |
Section 93 | Advocation in summary proceedings |
Section 94 | Finality of appeal proceedings |
Section 95 | Courts reform: spent provisions |
Section 96 | References by SCCRC |
Section 98 | Meaning of appropriate adult support |
Section 99 | Responsibility for ensuring availability of appropriate adult support |
Section 100 | Assessment of quality of appropriate adult support |
Section 101 | Training for appropriate adults |
Section 104 | Elaboration of regulation making powers under Chapter |
Section 105 | Procedure for making regulations under Chapter |
Section 106 | Other powers of Ministers unaffected |
Section 110(2)(a) | Live television links: related repeals |
Section 111(1) | Electronic proceedings: court rules |
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the 2016 Act have been brought into force by commencement orders made before the date of this Order.
Provision | Date of Commencement | Instrument. No. |
---|---|---|
Section 84 | 10th March 2016 | |
Section 112 | 1st July 2016 |