259.Section 91 establishes the overarching procedure which is to be used in respect of proceedings in the Sexual Offences Court. It does this by providing, in subsection (1), that the provisions of the 1995 Act are to apply in proceedings in the Sexual Offences Court, as though the proceedings were taking place in the High Court of Justiciary. The 1995 Act contains detailed provisions about criminal proceedings in the High Court of Justiciary, the sheriff courts, and justice of the peace courts. The provisions relating to the High Court, and to proceedings on indictment generally, will therefore apply in respect of proceedings in the Sexual Offences Court, as though references to the High Court or the court were references to the Sexual Offences Court.
260.The 1995 Act provisions will not apply in the Sexual Offences Court to the extent that they are inconsistent with any provision made in the Act, or in regulations made by the Scottish Ministers setting out further procedure for the Sexual Offences Court.
261.Subsection (2) gives the Scottish Ministers the power to make regulations setting out further detail about procedure in the Sexual Offences Court, for the purpose of ensuring its proper functioning. The Scottish Ministers are required to consult the Lord Justice General before making any such regulations. Regulations under subsection (2) will be subject to the affirmative procedure.(9)
262.Subsection (5) gives the High Court of Justiciary the power to make acts of adjournal for the purposes of setting out further detail around the procedure which will apply in proceedings in the Sexual Offences Court. This is in addition to the existing power to make acts of adjournal which the High Court has under section 305 of the 1995 Act and allows for acts of adjournal to modify legislation as required.
Crown Application Part 7 – Sexual Offences Court Procedure Section 91 – Sexual Offences Court procedure