Act of Adjournal (Consolidation) 1988

PART IIICONVICTION OF SENTENCE

Interruption of proceedings

74.—(1) On conviction of an accused person in solemn proceedings the presiding judge may, without adjourning those proceedings, interrupt them by—

(a)considering a conviction against that person in other proceedings pending before that court for which he has not been sentenced;

(b)passing sentence on that person in respect of the conviction in those other proceedings.

(2) When the judge has interrupted any proceedings under the powers contained in paragraph (1), he may in passing sentence on an accused person in respect of a conviction in those proceedings at the same time pass sentence on that person in respect of any other conviction he has considered thereunder.

(3) No interruption of any proceedings under the powers contained in paragraphs (1) and (2) shall cause the instance to fall in respect of any person accused in those proceedings or shall otherwise affect the validity of those proceedings.

Form of death sentence

75.—(1) The form of pronouncing the sentence of death shall be in the form set out in Form 34 of Schedule 1.

(2) After the verdict of the Jury finding the accused guilty has been recorded, the presiding Judge shall sign the sentence on a paper separate from the record of proceedings and immediately thereafter shall pronounce sentence.

(3) The accused need not be present in Court after the presiding Judge has pronounced sentence.

(4) On sentence being pronounced the Clerk shall engross the sentence in the record of proceedings and the presiding Judge shall sign it.

Form of probation order

76.  A probation order shall be in the form set out in Form 35 of Schedule 1.

Compensation orders: application

77.  The provisions of rules 78 to 82 apply to compensation orders made by courts against convicted persons under Part IV of the 1980 Act.

Terms of order

78.  Entries shall be made in the record of proceedings by the clerk of court on the making of a compensation order, specifying the terms of the order and in particular—

(a)the name of the convicted person or persons required to pay compensation;

(b)the amount of compensation required to be paid by such person or persons;

(c)the name of the person or persons entitled to the compensation payable;

(d)where there is more than one such person, the amount of compensation each is entitled to and the priority, if any, among those persons for payment.

Information of disability

79.—(1) The prosecutor, if he knows that any person entitled to payment of compensation under a compensation order is under any legal disability, shall so inform the court immediately it makes any such order in respect of any such person, and that information shall be entered by the clerk of court in the record of proceedings.

(2) Those entries shall be authenticated by the signature of the clerk of court.

Variation

80.—(1) The judge may, at any time before a compensation order is fully complied with, and after such further enquiries as the court may order, vary the terms of the order as he thinks fit.

(2) A variation order under paragraph (1) may be made in chambers and in the absence of the parties, or any of them.

Discharge or reduction of amount

81.—(1) An application to discharge a compensation order or to reduce the amount that remains to be paid under section 64 of the 1980 Act shall be made in writing to the clerk of the court to whom application may be made in accordance with the provisions of that section.

(2) The clerk of court shall, on any such application being made to him, cause intimation of the application to be given to the prosecutor.

(3) The court to whom the application is made may dispose of the application after such enquiry as it thinks fit.

Administration where person under disability

82.  Where payment of any sum is made under a compensation order to the clerk of court in respect of a person known to be under a legal disability, paragraphs (1) to (3) and (5) of rule 128 of the First Schedule to the Sheriff Courts (Scotland) Act 1907 shall apply to the administration of that sum as they apply to the administration of a sum of money paid into court in respect of damages for such a person.

Form of extract of sentence

83.—(1) This rule applies to any case where an accused person has been sentenced to a custodial sentence following upon conviction on indictment.

(2) An extract of a custodial sentence and warrant of detention and return of sentence required for any purpose in connection with any case to which this rule applies, shall be in the form set out in Form 36 of Schedule 1 and shall be signed by the clerk of court.

(3) An extract issued in accordance with the provisions of paragraph (2) above shall be warrant and authority for execution.