High Court Of Justiciary Citation and commencement, etc. 1 1 This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 6) (Special Measures in the Justice of the Peace Court) 2015. 2 It comes into force on 23rd December 2015. 3 A certified copy is to be inserted in the Books of Adjournal. Amendment of the Criminal Procedure Rules 1996 2 1 The Criminal Procedure Rules 1996 are amended in accordance with this paragraph. 2 For rule 22.9 (evidence of vulnerable witnesses: transfer of cases) substitute— Transfer of cases 22.9 This rule applies where the sheriff or justice of the peace makes an order under— a section 271J(4) of the Act of 1995 (live television link: transfer of proceedings) ; or b section 271K(3) of the Act of 1995 (screens: transfer of proceedings) . 2 When an order is made, the clerk of court must transmit to the clerk of the court to which the proceedings are transferred— a the record copy of the indictment or complaint; b the minute of proceedings; c any productions; d any relevant documents. . 3 In rule 22.11 (appointment of commissioner) — a in paragraph (1), for “the High Court or the sheriff” substitute “the High Court, the sheriff or the justice of the peace”. b in paragraphs (2) and (3), for “the Clerk of Justiciary or sheriff clerk, as the case may be,” substitute “the clerk of court”. 4 In rule 22.13 (video recording of commission) , in paragraphs (1), (2), (3) and (4), for “the Clerk of Justiciary or sheriff clerk, as the case may be,” in each place where it occurs substitute “the clerk of court”. 5 In rule 22.14 (custody of video recording and documents) , in paragraphs (1) and (2), for “the Clerk of Justiciary or sheriff clerk, as the case may be,” substitute “the clerk of court”. 6 In the Appendix— a in Form 22.1 (form of vulnerable witness notice under section 271A(2) of the Criminal Procedure (Scotland) Act 1995) — i after “[ or UNTO THE HONOURABLE THE SHERIFF OF ( name of sheriffdom ) AT ( place )]” insert “[ or UNTO THE JUSTICES in the JUSTICE OF THE PEACE COURT OF ( name of sheriffdom ) AT ( place )]”; ii in paragraph 1, after “the sheriff court of ( place )” where it second occurs, insert “[ or the justice of the peace court of ( place )]”; iii after “LORDSHIP[S]”, insert [ or THE COURT]”; iv after “Lordship[s]”, insert [ or the Court]”. b in Form 22.1ZA (Form of vulnerable witness notice under section 271A(2) of the Criminal Procedure (Scotland) Act 1995: standard special measures) — i after “[ or UNTO THE HONOURABLE THE SHERIFF OF ( name of sheriffdom ) AT ( place )]” insert “[ or UNTO THE JUSTICES in the JUSTICE OF THE PEACE COURT OF ( name of sheriffdom ) AT ( place )]”; ii in paragraph 1, after “the sheriff court of ( place )” where it second occurs, insert “[ or the justice of the peace court of ( place )]”; iii after “LORDSHIP[S]”, insert “[ or THE COURT]”; iv after “Lordship[s]”, insert “[ or the Court]”. c in Form 22.1A (form of vulnerable witness application under section 271C(2) of the Criminal Procedure (Scotland) Act 1995) — i after “[ or UNTO THE HONOURABLE THE SHERIFF OF ( name of sheriffdom ) AT ( place )]” insert “[ or UNTO THE JUSTICES in the JUSTICE OF THE PEACE COURT OF ( name of sheriffdom ) AT ( place )]”; ii in paragraph 1, after “the sheriff court of ( place )” where it second occurs, insert “[ or the justice of the peace court of ( place )]”; iii after “LORDSHIP[S]”, insert “[ or THE COURT]”; iv after “Lordship[s]”, insert “[ or the Court]”. d in Form 22.2A (form of objection notice under section 271A(4A) or 271C(4A) of the Criminal Procedure (Scotland) Act 1995) — i after “[or UNTO THE HONOURABLE THE SHERIFF OF ( name of sheriffdom ) AT ( place )]” insert “[ or UNTO THE JUSTICES in the JUSTICE OF THE PEACE COURT OF ( name of sheriffdom ) AT ( place )]”; ii after “LORDSHIP[S]”, insert “[ or THE COURT]”; iii after “Lordship[s]”, insert “[ or the Court]”. e in Form 22.4 (Form of application for review of arrangements for taking evidence under section 271D of the Criminal Procedure (Scotland) Act 1995) — i after “[ or [UNTO THE HONOURABLE SHERIFF OF ( name of sheriffdom ) AT ( place )]” insert “[ or UNTO THE JUSTICES in the JUSTICE OF THE PEACE COURT OF ( name of sheriffdom ) AT ( place )]”; ii after “LORDSHIP[S]”, insert “[ or THE COURT]”; iii after “Lordship[s]”, insert “[ or the Court]”. f in Form 22.8A (minute seeking prohibition of personal conduct of defence by accused under section 288F of the Criminal Procedure (Scotland) Act 1995) — i after “[ or UNTO THE HONOURABLE THE SHERIFF OF ( name of sheriffdom ) AT ( place )]” insert “[ or UNTO THE JUSTICES in the JUSTICE OF THE PEACE COURT OF ( name of sheriffdom ) AT ( place )]”; ii after “LORDSHIP[S]”, insert “[ or THE COURT]”; iii after “Lordship[s]”, insert “[ or the Court]”. g in Form 22.8B (notice to accused where an order granted prohibiting the personal conduct of defence by the accused under section 288F of the Criminal Procedure (Scotland) Act 1995) — i after “[ or in the sheriff court]” insert “[ or in the justice of the peace court]”; ii after “[ or first diet]” insert “[ or intermediate diet]”. h In Form 22.15 (form of application for leave for accused to be present during a commission under section 271I(3) of the Criminal Procedure (Scotland) Act 1995) — i after “[ or UNTO THE HONOURABLE THE SHERIFF OF ( name of sheriffdom ) AT ( place )]” insert “[ or UNTO THE JUSTICES in the JUSTICE OF THE PEACE COURT OF ( name of sheriffdom ) AT ( place )]”; ii after “Lordship[s]”, in each place where it occurs, insert “[ or the Court]”. Saving provision 3 1 Paragraph 2 does not apply to criminal proceedings commenced before 23rd December 2015. 2 For the purposes of this paragraph, criminal proceedings are taken to be commenced on the day on which a report of the case has been received by the procurator fiscal. CJM SUTHERLAND Lord Justice Clerk I.P.D. Edinburgh 17th December 2015