Legal Definitions - Act of Adjournal

An Act of Adjournal is a specific type of legal rule or regulation found within the Scottish legal system. It is issued by the High Court of Justiciary, which serves as Scotland's supreme criminal court. The primary function of an Act of Adjournal is to establish, modify, or clarify the procedures and practices that must be followed in criminal cases, not only within the High Court itself but also in all lower criminal courts throughout Scotland. Essentially, these acts dictate how criminal justice processes are conducted, ensuring consistency and efficiency.

Here are some examples to illustrate how an Act of Adjournal might be applied:

• Example 1: Standardizing Evidence Submission

  Imagine the High Court of Justiciary determines that, to streamline proceedings, all expert witness reports in serious criminal cases must now be submitted electronically to the court and opposing legal teams at least 30 days before a trial commences. This new requirement replaces previous paper-based filing methods.

  How this illustrates the term: This would be an Act of Adjournal because it is a regulation issued by Scotland's highest criminal court that directly changes a procedural aspect (how and when evidence is submitted) for criminal cases, affecting both the High Court and lower courts handling serious crimes.

• Example 2: Adapting to Remote Hearings

  During a period requiring reduced physical presence in court, the High Court of Justiciary might issue an Act of Adjournal permitting certain preliminary hearings or procedural motions in criminal cases to be conducted remotely via video conference, rather than requiring all parties to be physically present in courtrooms.

  How this illustrates the term: This demonstrates an Act of Adjournal as it is a rule from the High Court of Justiciary that alters the established procedure for conducting criminal court business (moving from in-person to remote hearings) to adapt to new circumstances, impacting all relevant criminal courts.

• Example 3: Regulating Jury Selection

  The High Court of Justiciary might issue an Act of Adjournal to introduce a new, more efficient method for selecting jurors in complex criminal trials, perhaps by standardizing the pre-screening questionnaire or altering the process by which potential jurors are called and empanelled.

  How this illustrates the term: This would be an Act of Adjournal because it is a procedural rule issued by Scotland's supreme criminal court, designed to regulate a specific aspect of the criminal justice process (jury selection) across the criminal court system, ensuring fairness and consistency.