{
  "url": "https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2008/schedule-1",
  "json_url": "https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2008/schedule-1.json",
  "legislation": "uksi/2008/3269",
  "legislation_title": "The Criminal Procedure (Amendment No. 2) Rules 2008",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2008",
  "path": "schedule/1",
  "kind": "schedule",
  "number": "1",
  "heading": null,
  "text": "“Part 21\nInitial details of the prosecution case\nContents of this Part\nWhen this Part applies\nrule 21.1\nProviding initial details of the prosecution case\nrule 21.2\nContent of initial details\nrule 21.3\n[Note. The rules in this Part derive from rules formerly in The Magistrates' Courts (Advance Information) Rules 1985. See also section 48 of the Criminal Law Act 1977.]\nWhen this Part applies\n21.1 (1) This Part applies in a magistrates' court, where the offence is one that can be tried in a magistrates' court.\n(2) The court may direct that, for a specified period, this Part will not apply—\n(a) to any case in that court; or\n(b) to any specified category of case.\n[Note. An offence may be classified as—\n(a) one that can be tried only in a magistrates' court (in other legislation, described as triable only summarily);\n(b) one that can be tried either in a magistrates' court or in the Crown Court (in other legislation, described as triable either way); or\n(c) one that can be tried only in the Crown Court (in other legislation, described as triable only on indictment).\nSee the definitions contained in Schedule 1 to the Interpretation Act 1978. In some circumstances, the Crown Court can try an offence that usually can be tried only in a magistrates' court.\nThis Part does not apply where an offence can be tried only in the Crown Court. In such a case, details are served on the defendant after the case is sent for trial. Part 12 contains relevant rules.]\nProviding initial details of the prosecution case\n21.2 The prosecutor must provide initial details of the prosecution case by—\n(a) serving those details on the court officer; and\n(b) making those details available to the defendant,\nat, or before, the beginning of the day of the first hearing.\nContent of initial details\n21.3 Initial details of the prosecution case must include—\n(a) a summary of the evidence on which that case will be based; or\n(b) any statement, document or extract setting out facts or other matters on which that case will be based; or\n(c) any combination of such a summary, statement, document or extract; and\n(d) the defendant’s previous convictions.”",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 in force at 6.4.2009, see rule 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1985/601."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1977 c. 45; section 48 has been amended by section 109 of, and paragraph 190 of Schedule 8 to, the Courts Act 2003 (c. 39)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1978 c. 30; Schedule 1 was amended by section 170 of, and paragraph 59 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33) and section 154 of, and Schedule 7 to, the Magistrates' Courts Act 1980 (c. 43). Other amendments to Schedule 1 are not relevant to procedure in magistrates' courts."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/3269/schedule/1",
    "retrieved_at": "2026-10-29T03:19:36.448042+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}