
1 
This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007.
2 
In this Order–
 “the 2007 Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007; and
 “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.
3 

(1) The provisions of the Act specified in column 1 of the Schedule to this Order, the subject matter being specified in column 2, shall come into force on 10th December 2007.
(2) The coming into force of the provisions listed in the Schedule to this Order are subject to–
(a) the transitional provisions and savings in articles 4 to 14; and
(b) any exceptions specified in the Schedule.
(3) Where a particular purpose is specified in relation to any provision in column 1 of the Schedule to this Order, that provision shall come into force on 10th December 2007 for that purpose only.
4 

(1) The provisions of sections 2, 3(1)(a) and (d) to (f) of the 2007 Act shall apply only in proceedings relating to a person where a decision on whether or not to grant that person bail is taken on or after 10th December 2007.
(2) The provisions of section 3(1)(b) of the 2007 Act and paragraph 14 of the schedule to the 2007 Act shall only apply in proceedings relating to an offence under section 27(1) of the 1995 Act where, at 10th December 2007–
(a) in the case of proceedings on indictment, the period of notice for the accused to raise a preliminary objection in terms of section 71(2) or 72(6)(b)(i) of the 1995 Act has not expired;
(b) in summary proceedings, the accused has not had a plea recorded.
(3) The provisions of section 4(2) of the 2007 Act shall only apply in an appeal under section 32 of the 1995 Act where the decision which is the subject of the appeal was taken on or after 10th December 2007.
5 
The provisions of section 7(2)(c) of the 2007 Act shall apply only in proceedings against an accused person where that person has given an undertaking under section 22 of the 1995 Act on or after 10th December 2007.
6 
The provisions of section 15 of the 2007 Act shall apply only to a failure to appear at a diet which, on or after 10th December 2007, the court assigned to take place at a later date.
7 

(1) The provisions of sections 19 and 20 of the 2007 Act and paragraph 28 of the schedule to the 2007 Act shall apply only to proceedings which, on or after 10th December 2007, the court adjourned for trial to take place at a later date.
(2) The reference in article 7(1) to adjourned for trial means adjourned for trial under section 146(3) of the 1995 Act.
8 
Where any notification requirement arises by virtue of the coming into force of section 21 of the 2007 Act, that requirement is complied with if–
(a) notification has been given prior to the coming into force of that section in a manner that satisfies the requirements of section 148C of the 1995 Act (as inserted by section 21 of the 2007 Act); or
(b) notification is given forthwith.
9 
The provisions of section 27(2) of the 2007 Act and paragraph 14 of the schedule to the 2007 Act shall apply only where the period of notice for the accused to raise a preliminary objection in terms of section 71(2) or 72(6)(b)(i) of the 1995 Act has not expired.
10 
The provisions of section 37 of the 2007 Act shall not apply to any petition for an order for commission and diligence or a petition for an order for the production of documents lodged prior to 10th December 2007.
11 
The provisions of section 40 of the 2007 Act shall not apply in respect of a procedural irregularity arising before 10th December 2007.
12 

(1) The provisions of sections 43, 45(1) and (2), 47(1) and (2) and 48 of the 2007 Act shall apply only to proceedings where either of the requirements in paragraph (2) are met.
(2) The requirements are that–
(a) a first calling took place on or after 10th December 2007; or
(b) a first calling has not taken place, but a warrant under section 135 or section 139(1)(b) of the 1995 Act was granted on or after 10th December 2007.
(3) For the purposes of paragraph (2) a first calling means a first calling under section 144 of the 1995 Act but does not include any continuation or adjournment thereof.
(4) Paragraph (3) applies despite the provisions of section 144(9) of the 1995 Act.
13 
The provisions of section 58 of the 2007 Act shall not apply to proceedings under section 245F of the 1995 Act where the failure to comply with a restriction of liberty order has taken place before 10th December 2007.
14 
The provisions of paragraph 16(6) of the schedule to the 2007 Act shall apply only to proceedings against an accused person where, on or after 10th December 2007, the High Court grants authority to bring a prosecution under section 118(1)(c) of the 1995 Act.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
25th October 2007
SCHEDULE
Article 3(1)


Column 1 Column 2
(provision of the Act) (subject matter)
Section 1 Determination of questions of bail
Section 2 Bail and bail conditions
Section 3 Breach of bail conditions
Section 4 Bail review and appeal
Section 5 Attitude of prosecutor after conviction
Section 6 Time for dealing with applications
Section 7(2)(c) Liberation on undertaking
Section 8 Manner of citation
Section 9 Procedure at first calling
Section 10 Intimation of diets etc.
Section 12(1) Disclosure of convictions
Section 12(2), but only for the purpose of bringing into force section 166B of the 1995 Act Disclosure of convictions
Section 13 Complaints triable together
Section 14 Proceedings in absence of accused
Section 15 Failure of accused to appear
Section 18 Intermediate diets
Section 19 Notice of defences
Section 20 Proof of uncontroversial evidence
Section 21 Service of documents through solicitor etc.
Section 24 Reports about supervised persons
Section 25 Summary appeal time limit
Section 26 Pre-trial time limits
Section 27 Obstructive witnesses
Section 30 Duty to seek agreement of evidence
Section 32 Failure of accused to appear
Section 33 Apprehension warrants
Section 34 Participation in identification parades
Section 37 Recovery of documents
Section 38 Intimation of certain applications to the High Court
Section 39 Refixing diets
Section 40 Power of court to excuse procedural irregularities
Section 41(1), but only for the purpose of bringing into force section 303B(6) of the 1995 Act Electronic proceedings
Section 41(2), but only for the purpose of bringing into force sections 308A(2) to (4) of the 1995 Act Electronic proceedings
Section 43 Common law offences
Section 44 in so far as not already commenced Particular Statutory Offences
Section 45 Other Statutory Offences
Section 47 Fine Level
Section 48 Prescribed sum
Section 57 Probation and Community Service Orders
Section 58 Restriction of Liberty Orders
Section 59 but only for the purpose of enabling orders to be made under section 59(2) Establishing JP Courts
Section 60 Making provisions for JP Courts
Section 62(4) to (7) except insofar as those provisions apply to stipendiary magistrates Area and territorial jurisdiction of JP courts
Section 64 Abolition of district courts
Section 65 Transfer of staff and property
Section 66 Transitional arrangements for proceedings
Section 67 insofar as not already commenced Appointment of JPs
Section 68 except subsections (4) and (5) Conditions of office
Section 70 Reappointment of JPs
Section 71 Removal of JPs
Section 72 Disqualification of solicitors who are JPs
Section 73 Disqualification where sequestration or bankruptcy
Section 76 Signing functions
Section 77(1) and (4) Records and validity of appointment etc.
Section 80 for the purpose of bringing into force the following paragraphs of the schedule Modification of enactments
Schedule, paragraph 1 Minor and consequential amendments relating to the Sheriff Courts and Legal Officer (Scotland) Act 1927
Schedule, paragraph 5 Minor and consequential amendments relating to the Legal Aid (Scotland) Act 1986
Schedule, paragraph 12 Minor and consequential amendments relating to sections 65 (prevention of delay in trials) and 71 (first diet) of the 1995 Act
Schedule, paragraph 13 Minor and consequential amendments relating to sections 72F (engagement, dismissal and withdrawal of solicitor representing accused) and 72G (service etc. on accused through a solicitor) of the 1995 Act
Schedule, paragraph 14 Minor and consequential amendments relating to section 79 (preliminary pleas and preliminary diets) of the 1995 Act
Schedule, paragraph 15 Minor and consequential amendments relating to sections 90A(10) (apprehension of witnesses in proceedings on indictment), 90D(2)(b) (review of orders under section 90B(1)(a) or (b)) and 90E(3) (appeals in respect of orders under section 90B(1)) of the 1995 Act
Schedule, paragraph 16(2) to 16(6) Minor and consequential amendments relating to sections 110 (note of appeal), 112 (admission of appellant to bail), 116 (abandonment of appeal), 118 (disposal of appeals) and 119 (provision where High Court authorises new prosecution) of the 1995 Act
Schedule, paragraph 17 Minor and consequential amendments to section 135 (warrants and apprehension and search) of the 1995 Act
Schedule, paragraph 18(1) and (4) Minor and consequential amendments to section 177 (procedure where appellant in custody) and section 201 (power of court to adjourn case before sentence) of the 1995 Act
Schedule, paragraph 21 Minor and consequential amendments to section 245J (breach of certain orders: adjourning hearing and remanding in custody etc.) of the 1995 Act
Schedule, paragraph 23 Minor and consequential amendments to section 283 (evidence as to time and place of video surveillance recordings) of the 1995 Act
Schedule, paragraph 24 Minor and consequential amendments to section 292 (mode of trial of certain offences) of the 1995 Act
Schedule, paragraph 25(b) Minor and consequential amendments to section 307 (interpretation) of the 1995 Act
Schedule, paragraph 27(a) Minor and consequential amendments to the Bail, Judicial Appointments etc. (Scotland) Act 2000
Schedule, paragraph 27(c) but only insofar as it repeals paragraph 2 of the Schedule to the Bail, Judicial Appointments etc. (Scotland) Act 2000 Minor and consequential amendments to the Bail, Judicial Appointments etc. (Scotland) Act 2000
Schedule, paragraph 28 Minor and consequential amendments to section 6 (accused to give notice of defence of consent) of the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002
Schedule, paragraph 29 Minor and consequential amendments to the Public Appointments and Public Bodies Act 2003
Schedule, paragraph 33(3) & (4) Minor and consequential amendments: Enactments generally: references to district court and justices