Rule 15 Amendments to the Criminal Procedure Rules

In Part 28 (Sentencing procedures in special cases and on committal for sentence, etc.)—

(a)

in rule 28.10 (Information to be supplied on committal for sentence, etc.)—

(i)

for the heading to the rule substitute “Committal or remission, etc. for sentence”,

(ii)

in paragraph (1), in the words before sub-paragraph (a) for “convicts the defendant and” substitute “(‘the transferring court’)”,

(iii)

in paragraph (1)(a) for “or adjourns the case” substitute “, remits or transfers a case”,

(iv)

in paragraph (2), in the words before sub-paragraph (a) for “convicting” substitute “transferring”,

(v)

in paragraph (2)(a) for “arrange the transmission from the convicting to the other court of a record” substitute “make available to the other court a record”,

(vi)

for paragraph (2)(b) substitute—

“(b)
where paragraph (1)(b) or (c) applies, make available to the other court the transferring court’s order; and”,

(vii)

in paragraph (2)(c) for “under 14, an appropriate adult” substitute “under 16, a parent or guardian”,

(viii)

in the first paragraph of the note to the rule, after sub-paragraph (e) insert—

“(f)
the Crown Court may remit the defendant to a magistrates’ court for sentence after committal for sentence to the Crown Court, or following a guilty plea in the Crown Court, see section 25A of the 2020 Act^f1. Under section 25A(3) of the Act, in deciding whether to remit a defendant the Crown Court must take into account (a) any other related offence before the Crown Court (whether the same, or a different, person is accused or has been convicted of the other offence), and (b) any allocation guideline.”, and

(ix)

at the end of the note to the rule insert—

“See also rule 9.16 (Sending back or referring case for magistrates’ court trial), which applies to the exercise of the Crown Court’s powers under (a) section 46ZA of the Senior Courts Act 1981^f2, and (b) paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998^f3.”; and

(b)

amend the table of contents correspondingly.

Annotations

Footnotes

f1: 2020 c. 17; section 25A was inserted by section 11 of the Judicial Review and Courts Act 2022 (c. 35).
f2: 1981 c. 54; section 46ZA was inserted by section 11 of the Judicial Review and Courts Act 2022 (c. 35).
f3: 1998 c. 37; paragraph 6 of Schedule 3 was amended by sections 90 and 106 of, and paragraph 179 of Schedule 13 and Schedule 15 to, the Access to Justice Act 1999 (c. 22), sections 41 of, and paragraphs 15 and 20 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44), S.I. 2005/886 and paragraphs 20 and 23 of the Schedule to the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).