Explanatory note
(This note is not part of the Rules)
These Rules amend the Criminal Procedure Rules 2015, S.I. 2015/1490, as follows:
| Rule | Amendment |
|---|---|
| Part 3 | Rule 3.1 is amended to include a reference to new rule 3.28. Rule 3.28 is added to impose detailed procedural requirements for commissioning a medical report about a defendant’s mental health other than for sentencing purposes. |
| Part 5 | The note to rule 5.8 is amended to include a reference to the Data Protection Act 2018. The note to rule 5.9 is amended to include a reference to the type of certificate for which section 92 of the Sexual Offences Act 2003 provides (certificates for purposes of Part 2 of that Act). |
| Part 28 | The note to rule 28.3 is amended to clarify the reference to notification requirements under the Sexual Offences Act 2003. Rule 28.8 is amended to impose detailed procedural requirements for commissioning a medical report about a defendant’s mental health for sentencing purposes. |
| Part 34 | Rules 34.2, 34.3, 34.4 and 34.7 are amended to include requirements for the service of a respondent’s notice and for the collection of case management information to facilitate preparation in the Crown Court for an effective appeal hearing there. Rule 34.11 is amended to clarify the power of a Crown Court judge to state a case for the opinion of the High Court, or to refuse to do so, following an appeal to the Crown Court. |
| Part 35 | The note to rule 35.2 is amended to include a reference to the power of a Crown Court judge under rule 34.11. |
| Part 36 | Rule 36.8 is amended in consequence of the amendment to rule 39.2. Rule 36.14 is amended to require an application to the Court of Appeal for permission to rely on a ground of appeal not identified by the appeal notice. |
| Part 39 | Rule 39.2 is amended to require service of an appeal notice to which Part 39 applies on the Registrar of Criminal Appeals, not on the Crown Court officer. |
Amendments to cross-references. The following rules, and notes to rules (‘n’), of the Criminal Procedure Rules are amended to make consequential and other corrections to the cross-references that they contain: 24.17, 25.16, 39.3, 46.1, 47.32, 50.3(n) and 50.10.
These Rules come into force on 1st October 2018.