Statutory Instrument 1988 No. 110 (S.14)

Act of Adjournal (Consolidation) 1988

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1988 No. 110 (S.14)

HIGH COURT OF JUSTICIARY, SCOTLAND

SUMMARY JURISDICTION, SCOTLAND

Act of Adjournal (Consolidation) 1988

Made	21st January 1988

Coming into force

21st March 1988

ARRANGEMENT OF RULES

INTRODUCTORY
1.	Citation and commencement
2.	Interpretation
CHAPTER 1
SOLEMN PROCEDURE
PART I
PROCEDURE PRIOR TO TRIAL
Service
3.	Proof of service outside Scotland
Bail Order
4.	Application to alter address in Bail Order
Citation of Defence Witnesses for Precognition
5.	Application
6.	Order for taking precognition
7.	Citation
8.	Record of proceedings
9.	Fees of shorthand writers
Citation and List of Jurors
10.	Warrants for citation
11.	List of jurors
Plea of Guilty
12.	Procedures
Identification Parades on Application of Accused
13.	Application
Judicial Examination
14.	Introductory
15.	Record of proceedings
16.	Verbatim record
17.	Use of tape recorders
18.	Questions by Prosecutor
19.	Rectification of errors in transcript
20.	Alteration of time limits by sheriff
21.	Postponement of trial diet by sheriff
22.	Postponement of trial diet by High Court
23.	Alteration of time limits by High Court
Preliminary Diet
24.	Minute giving written notice
25.	Intimation of minute
26.	Procedure on lodging
27.	Order for preliminary diet
28.	Intimation of order
29.	Order to be warrant for citation
30.	Calling postponed diet
31.	Warrant for conveyance and transmmission
32.	Abondoment of matter to be raised at preliminary diet
33.	Procedure at preliminary diet
34.	Application for leave to appeal
35.	Note of appeal
36.	Procedure on lodging note of appeal
37.	Sheriff's report
38.	Intimation of order postponing trial diet
39.	Order of appeal court
40.	Abandonment of appeal
Alteration and Postponment of Trial Diet
41.	Alteration of trial diet
42.	Application for postpoment of trail diet
43.	Order fixing diet
44.	Calling of diet
45.	Orders
46.	Notice fixing new diet
47.	Record
48.	Joint application without hearing
49.	Calling of adjourned diet
Appeals Against Extension of Time Limits
50.	Note of appeal
Letters of Request
51.	Application
52.	Powers of Court
53.	Expenses
54.	Transmission
55.	Custody of documents
56.	Prohibition of reference to evidence without leave
Evidence on Commission
57.	Application
58.	Appointment of Commissioner
59.	Commission
60.	Commissioner's report
61.	Application of other provisions
Interim Hospital Order
62.	Application
Reference to European Court
63.	Preliminary
64.	Notice
65.	Reference
66.	Preliminary
67.	Appeal against reference
Notices of Special Defence
68.	Written notice
PART II
PROCEDURE AT TRIAL
69.	Form of oaths to jurors
70.	Form of oaths to witnesses
71.	Restrictions on report of proceedings involving a person under 16
72.	Notice of use autopsy and forensic science reports in evidence
73.	Use of transcript of judicial examination
PART III
CONVICTION AND SENTENCE
74.	Interruption of proceedings
75.	Form of death sentence
76.	Form of probation order
77.	Compensation order: application
78.	Terms of order
79.	Information of disability
80.	Variation
81.	Discharge or reduction of amount
82.	Administration where person under disablity
83.	Form of extract sentence
PART IV
APPEAL PROCEDURE
84.	Forms for appeal
85.	Intimation of appeal against sentence of death
86.	Suspension of disqualification from driving pending appeal
CHAPTER 2
SUMMARY PROCEDURE
PART I
PROCEDURE PRIOR TO TRIAL
Forms
87.	Forms of complaint and related notices
88.	Ancillary forms
89.	Signature of procurator fiscal
90.	Validity
Service
91.	Proof of service outside Scotland
Bail Order
92.	Application to alter address
Citation of Defence Witnesses for Precognition
93.	Application for warraant to diet
94.	Order for taking precognition
95.	Citation
96.	Record of proceedings
97.	Fees of shorthand writers
Identification Parades on Application of Accused
98.	Applicaton
Alteration of Diet
99.	Joint application
Appeal Against Extension of 40 Day Period
100.	Form and service
Letters of Request
101.	Application
102.	Powers of sheriff
103.	Expenses
104.	Transmission
105.	Custody of documents
106.	Prohibition of reference to evidence without leave
Evidence on Commission
107.	Application
108.	Appointment of Commmissioner
109.	Commission
110.	Commissioner's report
111.	Application of other provisions
Interim Hospital Order
112.	Application
Reference to European Court
113.	Interpretation
114.	Notice
115.	Proceedings on appeal, etc.
116.	Reference
117.	Preliminary Ruling
118.	Appeal against reference
PART II
PROCEDURE AT TRIAL
119.	Accused to plead personally and to receive intimation of diets
120.	Restrictions on report of proceedings involving a person under 16
121.	Form of oaths to witnesses
122.	Notices of use of autopsy and forensic science reports in evidence
PART III
CONVICTION AND SENTENCE
123.	Interruption of proceedings
124.	Forms for fines enquiry and related matters
125.	Compensation orders
126.	Forms of probation order
PART IV
APPEAL PROCEDURE
127.	Forms for appeal
128.	Appeals from decisions on competency and relevancy
129.	Abandoning appeal against conviction only
130.	Extension of time for appeal against sentence only
131.	Intimation to Crown of abandoment
132.	Suspension of disqualification from driving pending application to sentencing court
133.	Bill of Suspension
134.	Intimation of determination of appeal.
Duties of Solicitors
135.	Edinburgh solicitor
136.	Duty to print stated case, etc.
137.	List of appeal.
138.	Duty of Edinburgh solicitor in Bills of Suspension
139.	Diet for interim suspension
PART V
PROCEDURE IN SPECIAL SUMMARY PROCEEDINGS
Proceedings Against Children
140.	Interpretation
141.	Application of normal procedure
142.	Commencement of proceedings
143.	Assistance for unrepresented child
144.	Procedure
145.	Failure to comply with probation order
146.	Remand
147.	Separation of children at sittings
Proceedings for the Execution of Irish Warrants
148.	Interpretation
149.	Form of endorsement
150.	Notices of consent to early removal
151.	Handing over of warrant of arrest
152.	Certification of warrant
Proceedings in District Court in respect of Annoying Creatures
153.	Form of apllication and service
Proceedings for certain orders and warrants under the Drug Trafficking Offences Act 1986
154.	Order to make material available
155.	Discharge and variation
156.	Warrant to search premises
CHAPTER 3
ADMINISTRATION
PART I
RECORDS
157.	Forms of minuting in solemn proceedings
158.	Books of Adjournal
159.	Form of recording warrant for remission of sentences
160.	Custody and transmission of records
161.	Return of productions
PART II
LEGAL AID
162.	Interpretation
163.	Legal aid in High Court of Justiciary
164.	Discontinuance of entitlement to criminal legal aid
165.	Statements on oath
PART III
GENERAL
166.	Service on Crown
167.	Service on accused persons
168.	Revocation

SCHEDULES
	Schedule 1.
	Part I:	Forms referred to in Chapter 1
	Part II:	Forms referred to in Chapter 2
	Part III:	Forms referred to in Chapter 3
	Schedule 2.	Revocations

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