HIGH COURT OF JUSTICIARY, SCOTLAND Citation and commencement 1 1 This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 and shall come into force on 1st August 1997. 2 This Act of Adjournal shall be inserted in the Books of Adjournal. Amendment of the Criminal Procedure Rules 2 1 Schedule 2 (criminal procedure rules) to the Act of Adjournal (Criminal Procedure Rules) 1996 ( s hall be amended in accordance with this Act of Adjournal. 2 After rule 15.12 insert— Suspension of sentence under s.121A of the Act of 1995 15.12A – 1 Where under section 109(1) of the Act of 1995 a person lodges intimation of intention to appeal, any application for suspension of a relevant sentence under section 121A of that Act shall be made by petition to the High Court in Form 15.12A-A. 2 Where a convicted person or the prosecutor lodges a note of appeal in respect of an appeal under section 106(1)(b) to (e) or 108 of the Act of 1995, as the case may be, any application for suspension of a relevant sentence under section 121A of that Act shall be made by petition to the High Court in Form 15.12A-B. 3 A petition to the High Court under paragraph (1) or (2) shall be lodged with the Clerk of Justiciary. 4 The court shall grant or refuse any application under paragraph (1) or (2) within 7 days of the petition having been lodged as mentioned in paragraph (3). 5 Where the court grants an application under paragraph (1) or (2) the Clerk of Justiciary shall, if the sentencing court was the sheriff, send a certified copy of the order to the clerk of that court. 6 In any case where— a intimation of intention to appeal is lodged under section 109(1) of the Act of 1995; and b a relevant sentence is suspended under section 121A of that Act, but no note of appeal is lodged under section 110 of that Act, the order suspending ad interim the relevant sentence shall be recalled with effect from the seventh day after the date on which the Clerk of Justiciary intimates that the appeal is deemed to have been abandoned. 7 In the application of section 121A of the Act of 1995 (suspension of certain sentences pending appeal) to a case in which leave to appeal has been refused under section 107 of that Act, the word “determined” in subsection (1) of the said section 121A shall be construed as meaning— a the fifteenth day after the date of intimation to the appellant or his solicitor and to the Crown Agent of refusal of leave under subsection (1)(b) of section 107 of that Act, unless the appellant applies to the High Court for leave to appeal; or b the seventh day after the date of intimation to the appellant or his solicitor and to the Crown Agent of the refusal of leave by the High Court under subsection (5)(b) of section 107 of that Act. . 3 After rule 19.10 insert— Suspension of sentence under s.193A of the Act of 1995 19.10A 1 Where a convicted person or the prosecutor appeals to the High Court under section 175 of the Act of 1995, any application to suspend a relevant sentence shall be made with— a the application to the court to state a case for the opinion of the High Court; or b the note of appeal, as the case may be. 2 On an application being made under paragraph (1) to suspend a sentence the court shall grant or refuse to grant the application within seven days of its being made. 3 In the application of section 193A of the Act of 1995 (suspension of certain sentences pending appeal) to a case in which leave to appeal has been refused under section 180 or 187 of that Act, the word “determined” in subsection (1) of the said section 193A shall be construed as meaning— a the fifteenth day after the date of intimation to the appellant or his solicitor and to the Crown Agent of refusal of leave under subsection (1)(b) of section 180 or 187 of that Act, as the case may be, unless the appellant applies to the High Court for leave to appeal; or b the seventh day after the date of intimation to the appellant or his solicitor and to the Crown Agent of the refusal of leave by the High Court under subsection (5)(b) of section 180 or subsection (4)(b) of section 187 of that Act, as the case may be. . 4 In chapter 22 (evidence of children)— a in the heading, for “CHILDREN” substitute “VULNERABLE PERSONS”; b in the heading of rule 22.1, for “children” substitute “vulnerable persons” and in paragraph (1) of that rule— i for “child” substitute “vulnerable person”; and ii at the end insert “and, where the vulnerable person is subject to an order or transfer direction (being an order or transfer direction such as is mentioned in paragraph (b)(i) or (ii) of the definition of “vulnerable person” in section 271(12) of the Act of 1995) shall be accompanied by a copy of the order or transfer direction, as the case may be"; and” c in rule 22.2(1)(b), for “child's” substitute “vulnerable person's”. 5 After chapter 37 insert— CHAPTER 38 TRANSFER OF RIGHTS OF APPEAL OF DECEASED PERSONS Applications for transfer under section 303A of the Act of 1995 38 Any application to the High Court under section 303A of the Act of 1995 for an order authorising a person (the “applicant”) as executor, or as the case may be by reason of his having a legitimate interest, to institute or continue any appeal which could have been or has been instituted by a deceased person shall be made in Form 38 and shall be accompanied by a copy of the confirmation of the applicant as executor or evidence of his legitimate interest, as the case may be. . 6 In the Appendix— a after Form 15.11-B insert— i as Form 15.12A-A the form which is in Schedule 1; and ii as Form 15.12A-B the form which is in Schedule 2; b in Form 19.2-A (form of application for stated case), in paragraph 4, after “Acts,” insert “for interim suspension of sentence under section 193A of the Criminal Procedure (Scotland) Act 1995”; c in Form 19.2-C (form of minutes of procedure in appeal by stated case), after the entry relating to section 41(2) of the Road Traffic Offenders Act 1988 insert— ( Date ) ( Name of judge. ) The court refused to suspend [or ad interim suspended] the appellant’s sentence under section 193A of the Criminal Procedure (Scotland) Act 1995. Clerk of Court ; d in Form 19.3-A (form of note of appeal against sentence under section 186(1) of the Criminal Procedure (Scotland) Act 1995), in paragraph 3, after “Acts,” insert “for interim suspension of sentence under section 193A of the Criminal Procedure (Scotland) Act 1995”; e in Form 22.1 (form of petition for authorisation of the giving of evidence by child by live television link)— i in the heading, for “child” substitute “vulnerable person”; and ii in paragraph 3, for “child born on ( date of birth )” substitute “vulnerable person”; and f after Form 36.4-B insert as Form 38 the form which is in Schedule 3. Rodger of Earlsferry Lord Justice General, I.P.D. Edinburgh, 23rd July 1997