SCTSPRINT3

Criminal Procedure Rules

ACT OF ADJOURNAL (CRIMINAL PROCEDURE RULES) 1996 SI

1996/513

SCHEDULE 2

CRIMINAL PROCEDURE RULES 1996

N.B. These rules apply to cases initiated after 10 March 2008



Part I Preliminary and Administration

File 
Chapter 1 - Citation, Interpretation and Forms etc
Download
Chapter 2 - Service of Documents
Download
Chapter 3 - Court Records
Download

Part II General

File 
Chapter A4 - Excusal of Procedural Irregularities
Download
Chapter 4 - Bail
Download
Chapter 5 - Judicial Examination
Download
Chapter 6 - Proceedings Involving Children
Download
Chapter 7 - Mental Disorder
Download
Chapter 7A - Disclosure
Download

Part III Solemn Proceedings

File 
Chapter 8 - The Indictment
Download
Chapter 8A - Engagement, Dismissal and Withdrawal of Solicitors in Solemn Proceedings
Download
Chapter 8B - Failure of Accused to Appear
Download
Chapter 8C – Transfer of Proceedings (Sheriff Court)
Download
Chapter 9 - First Diets (Sheriff Court)
Download
Chapter 9A- Preliminary Hearings (High Court of Justiciary)
Download
Chapter 9B - Objections to the admissibility of evidence raised after First Diet or Preliminary Hearing
Download
Chapter 10 - Plea of Guilty
Download
Chapter 11 - Notices by accused in relation to defence
Download
Chapter 12 - Adjournment and Alteration of Diets in Solemn Proceedings
Download
Chapter 13 - Summoning of Jurors
Download
Chapter 13A - Witnesses
Download
Chapter 14 - Procedure at Trial in Solemn Proceedings
Download
Chapter 15 - Appeals from Solemn Proceedings
Download

Part IV Summary Proceedings

File 
Chapter 16 - Complaints
Download
Chapter 16A - Engagement, Dismissal and Withdrawal of Solicitors in Summary Proceedings
Download
Chapter 17 - Summary Pre-trial Procedure
Download
Chapter 17A – Transfer of Summary Proceedings
Download
Chapter 18 - Procedure at Trial in Summary Proceedings
Download
Chapter 19 - Appeals from Summary Proceedings
Download
Chapter 19A – Alteration by Clerk of Justiciary of place where case to be heard
Version applying from 1st September 2015
Download
Chapter 19B - The Scottish Criminal Cases Review Commission
Download
Chapter 19C - Risk Assessment
Download

Part IVA Appeals and Referrals from Sheriff Appeal Court

File 
Chapter 19D - Referral of point of law for opinion of the High Court of Justiciary
Download
Chapter 19E - Appeals to the High Court of Justiciary
Download

Part V Sentencing

File 
Chapter 20 - Sentencing
Download

Part VI Evidence

File 
Chapter 21 - Uncontroversial Evidence, Hearsay and Prior Statements
Download
Chapter 22 - Evidence of Vulnerable Witnesses
Download
Chapter 22A - Witness Anonymity Orders
Download
Chapter 23 - Letters of Request
NOTE - with effect from 1 Sept 2023 and where the application relates to an EU Member State application the “Standard Form” which replaces the letter of request should be submitted to the court.
Download
Chapter 23A - Television Link Evidence
Download
Chapter 24 - Evidence on Commission
Download
Chapter 25 - Record of Judicial Examination as Evidence in Solemn Proceedings
Download
Chapter 26 - Documentary Evidence
Download
Chapter 27 - Routine Evidence, Sufficient Evidence and Proof of Previous Convictions
Download
Chapter 27A – Recovery of documents
Download

Part VII Miscellaneous Procedures

File 
Chapter 28 - Identification Parades
Download
Chapter 29 - Precognition on Oath of Defence Witnesses
Download
Chapter 29A – Service of Bills of Advocation and Suspension and Petitions to the Nobile Officium
Download
Chapter 29B – Contempt of Court
Download
Chapter 31 - References to the European Court of Justice
Download
Chapter 32 - Annoying Creatures
Download
Chapter 33 - Legal Aid
Download
Chapter 34 - Extradition
Download
Chapter 34A - Interpretation and Translation in Part 1 Proceedings
Download
Chapter 35 - Computer Misuse Act 1990
Download
Chapter 36 - Crime (International Co-Operation Act 2003
NOTE - with effect from 1 Sept 2023 and where the application relates to an EU Member State application the “Standard Form” which replaces the letter of request should be submitted to the court.
Download
Chapter 37AA- Proceedings Under the Proceeds of Crime Act 2002
Download
Chapter 37A - Proceedings Under Section 7 of the Knives Act 1997
Download
Chapter 38 - Transfer of Rights of Appeal of Deceased Persons
Download
Chapter 39 - Proceedings Under Criminal Law (Consolidation) (Scotland) Act 1995
Download
Chapter 40 - Compatibility Issues and Devolution Issues
Download
Chapter 41 - Human Rights Act 1998
Download
Chapter 42 - Convention Rights (Compliance) (Scotland) Act 2001
Download
Chapter 43 - Terrorism Act 2000 and Anti-Terrorism, Crime and Security Act 2001
Download
Chapter 44 - International Criminal Court Act 2001
Download
Chapter 45 - Fur Farming (Prohibition) (Scotland) Act 2002
Download
Chapter 46 - Parental Directions Under The Sexual Offences Act 2003
Download
Chapter 47 - Protection Of Children (Scotland) Act 2003
Download
Chapter 47A – Protection of Vulnerable Groups (Scotland) Act 2007
Download
Chapter 48 - Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
Revoked wef 31 March 2023 subject to saving provision in SSI 2023/61
Download
Chapter 49 - Financial Reporting Orders
Chapter revoked on 17/03/2016 but still applies in respect of financial reporting orders made before1st March 2016 (see SSI 2016/137)
Download
Chapter 50 - Football Banning Orders
Download
Chapter 51 - Animal Health and Welfare
Download
Chapter 52 – Investigation of Revenue and Customs Offences
Download
Chapter 53 – Review of Fixed Penalty or Compensation Conditional Offers by Procurator Fiscal
Download
Chapter 54 - Mutual Recognition of Criminal Financial Penalties
Download
Chapter 55 - Recovery Orders under section 27K (3) of the Civic Government (Scotland) Act 1982
Download
Chapter 56 - Reporting Restrictions
Download
Chapter 57 - Regulation of Investigatory Powers Act 2000
Download
Chapter 58 - Control of Dogs
Download
Chapter 59 – Double Jeopardy (Scotland) Act 2011
Download
Chapter 60 - Publicity, Remedial and Remediation Orders
Download
Chapter 61- European Protection Orders
Revoked wef 30 June 2023 subject to savings in SSI 2023/169
Download
Chapter 62 - Request for final decision and reasons
Download
Chapter 63 - Serious Crime Prevention Orders
Chapter does not apply in respect of convictions before 1st March 2016 (see SSI 2016/137)
Download
Chapter 64 - Trafficking and Exploitation Prevention Orders
Download
Chapter 65 - Psychoactive Substances Act 2016
Download
Chapter 66 - Review of liberation conditions and authorisation for questioning
Applies from 25 January 2018
Download
Chapter 67 - European Investigation Orders
Applies from 31 May 2018. Revoked wef 30 June 2023 subject to savings in SSI 2023/169
Download
Chapter 68 - Approval of Sentencing Guidelines
Download
Chapter 69 - Labour Market Enforcement Orders
(from 18 May 2019)
Download
Chapter 70 - Challenges to validity of EU instruments (EU exit)
Comes into force on IP completion day
Download
Chapter 71 - Electronic Monitoring Requirement under the Management of Offenders (Scotland) Act 2019
Download
Chapter 72 - Overseas Production Orders
Download
Chapter 73 - Sexual Harm Prevention Orders under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016
Applies from 31 March 2023
Download