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An Act of Adjournal is secondary legislation made by the High Court of Justiciary, the supreme criminal court of Scotland, to regulate the proceedings of Scottish courts hearing criminal matters. Now primarily derived from the Criminal Procedure (Scotland) Act 1995, the original power to create Acts of Adjournal is derived from an Act of the Parliament of Scotland in 1672.[1][2][3] Before promulgation, Acts of Adjournal are reviewed and may be commented upon by the Criminal Courts Rules Council.[1]: [s. 304]
Following Scottish devolution and the establishment of the Scottish Parliament, Acts of Adjournal are made as Scottish Statutory Instruments. Before devolution, acts were made as United Kingdom statutory instruments.[4][5]: [s. 27]
- ^ a b "Criminal Procedure (Scotland) Act 1995", legislation.gov.uk, The National Archives, 1995 c. 46
- ^ Courts Act 1672. Records of the Parliaments of Scotland. 1672.
- ^ Bell, William; Ross, George (1861). A Dictionary and Digest of the Law of Scotland, with short explanations of the most ordinary English law terms. Bell & Bradfute. pp. 122.
Books of Adjournal. The records of the Court of Justiciary. [...] The power of the Court of Justiciary to pass acts of adjournal regulating the procedure of the court is conferred by 1672, c. 16.
- ^ "The Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999", legislation.gov.uk, The National Archives, SI 1999/1096
- ^ Scottish Parliament. Interpretation and Legislative Reform (Scotland) Act 2010 as amended (see also enacted form), from legislation.gov.uk.