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The High Court of Justiciary as a Court, or the Lord Justice General, Lord Justice Clerk and Lords Commissioners of Justiciary as a body, have the power to regulate criminal procedure in the criminal courts in Scotland: regulations can be made for the High Court, sheriff courts (summary and solemn procedures), and the justice of the peace courts.
English: An Act to amend the law of Scotland with respect to the detention, transfer and release of persons serving sentences of imprisonment etc. or committed or remanded in custody; to make further provision as regards evidence and procedure in criminal proceedings in Scotland; and for connected purposes.
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Criminal procedure in Scotland is generally regulated by the Criminal Procedure (Scotland) Act 1995 (as amended) and various Acts of Adjournal passed by the High Court of Justiciary. Juries in these cases consist of 15 people; if jurors drop out e.g. because of illness the trial can continue with a minimum of 12 jurors.
The Treaty of Union between Scotland and England, which formed the Kingdom of Great Britain, required that the High Court of Justiciary "remain in all time coming, as it is now constituted by the laws of [the Kingdom of Scotland]." As a result, the Courts Act 1672 continues to be the original source of the court's authority to regulate.
The current power to regulate of the High Court comes from section 305 of the Criminal Procedure (Scotland) Act 1995, which allows the court to make Acts concerning practice and procedure including by electronic means, summary procedure fees, payment of fines by prisoners, and to make law necessary for the implementation of Acts of Adjournal ...
The South East Scotland Trunk Roads (Temporary Prohibitions of Traffic and Overtaking and Temporary Speed Restrictions) (No. 12) Order 2018 (S.S.I. 2018 No. 383) [384] The Burial and Cremation (Pregnancy Loss Prescribed Information and Forms) (Scotland) Regulations 2018 (S.S.I. 2018 No. 384) [385]