{
  "url": "https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2018/article-7",
  "json_url": "https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2018/article-7.json",
  "legislation": "uksi/2018/847",
  "legislation_title": "The Criminal Procedure (Amendment No. 2) Rules 2018",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2018",
  "path": "article/7",
  "kind": "article",
  "number": "7",
  "heading": "Amendments to the Criminal Procedure Rules 2015",
  "text": "In Part 28 (Sentencing procedures in special cases)—\n(a) in the first paragraph of the note to rule 28.3 (Notification requirements), for sub-paragraph (a) substitute—\n“(a) Part 2 of, and Schedule 3 to, the Sexual Offences Act 2003 (notification for the period specified by section 82 of the Act after conviction, etc. of an offence listed in Schedule 3 and committed in the circumstances specified in that Schedule);”; and\n(b) for rule 28.8 (Requests for medical reports, etc.) substitute—\n“Directions for commissioning medical reports for sentencing purposes\n28.8. (1) This rule applies where for sentencing purposes the court requires—\n(a) a medical examination of the defendant and a report; or\n(b) information about the arrangements that could be made for the defendant where the court is considering—\n(i) a hospital order, or\n(ii) a guardianship order.\n(2) The court must―\n(a) identify each issue in respect of which the court requires expert medical opinion and the legislation applicable;\n(b) specify the nature of the expertise likely to be required for giving such opinion;\n(c) identify each party or participant by whom a commission for such opinion must be prepared, who may be―\n(i) a party (or party’s representative) acting on that party’s own behalf,\n(ii) a party (or party’s representative) acting on behalf of the court, or\n(iii) the court officer acting on behalf of the court;\n(d) where there are available to the court arrangements with the National Health Service under which an assessment of a defendant’s mental health may be prepared, give such directions as are needed under those arrangements for obtaining the expert report or reports required;\n(e) where no such arrangements are available to the court, or they will not be used, give directions for the commissioning of an expert report or expert reports, including―\n(i) such directions as can be made about supplying the expert or experts with the defendant’s medical records,\n(ii) directions about the other information, about the defendant and about the offence or offences alleged to have been committed by the defendant, which is to be supplied to each expert, and\n(iii) directions about the arrangements that will apply for the payment of each expert;\n(f) set a timetable providing for—\n(i) the date by which a commission is to be delivered to each expert,\n(ii) the date by which any failure to accept a commission is to be reported to the court,\n(iii) the date or dates by which progress in the preparation of a report or reports is to be reviewed by the court officer, and\n(iv) the date by which each report commissioned is to be received by the court; and\n(g) identify the person (each person, if more than one) to whom a copy of a report is to be supplied, and by whom.\n(3) A commission addressed to an expert must—\n(a) identify each issue in respect of which the court requires expert medical opinion and the legislation applicable;\n(b) include—\n(i) the information required by the court to be supplied to the expert,\n(ii) details of the timetable set by the court, and\n(iii) details of the arrangements that will apply for the payment of the expert;\n(c) identify the person (each person, if more than one) to whom a copy of the expert’s report is to be supplied; and\n(d) request confirmation that the expert from whom the opinion is sought—\n(i) accepts the commission, and\n(ii) will adhere to the timetable.\n[Note. See also rule 3.28 (directions for commissioning medical reports in connection with fitness to participate in the trial, etc.).\nFor sentencing purposes the court may request a medical examination of the defendant and a report under—\n(a) section 35 of the Mental Health Act 1983, under which the court may order the defendant’s detention in hospital to obtain a medical report;\n(b) section 36 of the 1983 Act, under which the Crown Court may order the defendant’s detention in hospital instead of in custody pending trial;\n(c) section 37 of the 1983 Act, under which the court may order the defendant’s detention and treatment in hospital, or make a guardianship order, instead of disposing of the case in another way (section 37(3) allows a magistrates’ court to make such an order without convicting the defendant if satisfied that the defendant did the act or made the omission charged);\n(d) section 38 of the 1983 Act, under which the court may order the defendant’s temporary detention and treatment in hospital instead of disposing of the case in another way;\n(e) section 157 of the Criminal Justice Act 2003, under which the court must usually obtain and consider a medical report before passing a custodial sentence if the defendant is, or appears to be, mentally disordered;\n(f) section 207 of the 2003 Act (in the case of a defendant aged 18 or over), or section 1(1)(k) of the Criminal Justice and Immigration Act 2008 (in the case of a defendant who is under 18), under which the court may impose a mental health treatment requirement.\nFor the purposes of the legislation listed in (b), (c) and (d) above, the court requires the written or oral evidence of at least two registered medical practitioners, at least one of whom is approved as having special experience in the diagnosis or treatment of mental disorder. For the purposes of (a), (e) and (f) the court requires the evidence of one medical practitioner so approved.\nUnder section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, a magistrates’ court may adjourn a trial to obtain medical reports.\nPart 19 (Expert evidence) contains rules about the content of expert medical reports.\nFor the authorities from whom the court may require information about hospital treatment or guardianship, see sections 39 and 39A of the 1983 Act.\nThe Practice Direction includes a timetable for the commissioning and preparation of a report or reports which the court may adopt with such adjustments as the court directs.\nPayments to medical practitioners for reports and for giving evidence are governed by section 19(3) of the Prosecution of Offences Act 1985 and by the Costs in Criminal Cases (General) Regulations 1986, regulation 17 (Determination of rates or scales of allowances payable out of central funds), regulation 20 (Expert witnesses, etc.) and regulation 25 (Written medical reports). The rates and scales of allowances payable under those Regulations are determined by the Lord Chancellor.]”; and\n(c) amend the table of contents correspondingly.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2003 c. 42; Schedule 3 was amended by article 2 of S.I. 2007/296, section 63(2) of, and paragraph 63 of Schedule 6 to, the Serious Crimes Act 2007 (c. 27), section 148(1) of, and paragraphs 53 and 58 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c. 4) and section 177(1) of, and paragraph 62 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25). Other amendments to Schedule 3 are not relevant to these Rules."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2003 c. 42; section 82 was amended by section 57 of the Violent Crime Reduction Act 2006 (c. 38)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2018/847/article/7",
    "retrieved_at": "2026-10-28T22:55:31.629544+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."
}