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AnAct of Adjournal issecondary legislation made by theHigh Court of Justiciary, thesupremecriminal court ofScotland, to regulate the proceedings of Scottish courts hearing criminal matters. Now primarily derived from theCriminal Procedure (Scotland) Act 1995, the original power to create Acts of Adjournal is derived from anAct of the Parliament of Scotland in 1672.[1][2][3] Beforepromulgation, Acts of Adjournal are reviewed and may be commented upon by theCriminal Courts Rules Council.[1]: [s. 304]
FollowingScottish devolution and the establishment of theScottish Parliament, Acts of Adjournal are made asScottish Statutory Instruments. Before devolution, acts were made as United Kingdomstatutory instruments.[4][5]: [s. 27]
TheCourts Act 1672 (c. 40) (originallyAct concerning the regulation of the judicatories) created the High Court of Justiciary by attaching fiveLords of Session to theLord Justice General andLord Justice Clerk. The act provided that "the judges of that court [...] regulate the inferior officers thereof, and order every other thing concerning the said court," a provision which remainsin force and which created the distinction between Acts of Adjournal andActs of Sederunt.[3][2][6]
In the 19th century, a reforming of the High Court of Justiciary made all Lords of Sessionex officio Lords Commissioners of Justiciary. That reformation, while now repealed, is replicated by theCriminal Procedure (Scotland) Act 1995, which further provides that theLord President of the Court of Session is to hold the office of Lord Justice General.[7]: [s. 44] [1]: [s. 1]
TheTreaty of Union between Scotland and England, which formed theKingdom of Great Britain, required that the High Court of Justiciary "remain in all time coming, as it is now constituted by the laws of [theKingdom of Scotland]." As a result, the Courts Act 1672 continues to be the original source of the court's authority to regulate. However, in the time since, laws enacted by theParliament of Great Britain, theParliament of the United Kingdom, and theScottish Parliament have expanded or elaborated upon the Court's power as is permitted by the Treaty of Union, which provides that the Court is "subject, nevertheless, to such regulations as shall be made by the parliament of Great Britain."[8]
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.
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