Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997
This Act of Adjournal amends the Criminal Procedure Rules as follows—paragraph 2(2) and (3) inserts new rules 15.12A and 19.10A which enable applications to be made to the court by a convicted person or the prosecutor for suspension of sentence pending the determination of an appeal. Two new Forms (Forms 15.12A-A and 15.12A-B) are provided for use in applications under section 121A of the Criminal Procedure (Scotland) Act 1995 (solemn proceedings). For summary proceedings (where applications are made under section 193A of that Act) minor amendments are made to two existing Forms (Forms 19.2-A and 19.3-A) to enable applications for suspension to be made at the stage when an application is made for a stated case or a note of appeal is lodged, as appropriate;paragraph 2(4) amends chapter 22 of the rules so as to make them applicable in relation to vulnerable persons (as defined in section 271 of the Criminal Procedure (Scotland) Act 1995) rather than children; andparagraph 2(5) adds a new chapter 38 and provides a new Form 38 for use in applications by executors and those having a legitimate interest for transfer of the rights of deceased persons as respects any appeal which was or could have been instituted by that person.