Rule 8 Amendments to the Criminal Procedure Rules

in rule 14.3 (Duty of justices’ legal adviser)—

renumber rules 14.16 (Application to extend a custody time limit) and 14.17 (Appeal against custody time limit decision) as rules 14.21 and 14.22 respectively;

reposition rules 14.21 and 14.22 as thus renumbered, with the heading “Custody time limits” which precedes those rules, to follow rule 14.20 (extension of bail before charge; application to withhold information from the defendant);

after rule 14.15 (Forfeiture of a recognizance given by a surety) insert—

“Notice of arrest for breach of bail

14.16.

(1)

This rule and rule 14.17 (Arrangements for court to receive defendant arrested for breach of bail) apply where—

(a)

a defendant arrested for breach of bail must be brought before a court under section 7 of the Bail Act 1976^f1 (Liability to arrest for absconding or breaking conditions of bail); and

(b)

a police custody officer so notifies the court officer.

(2)

The police custody officer must provide the court officer with—

(a)

the defendant’s name and date of birth;

(b)

details of—

(i)

the warrant under which the defendant was arrested, or

(ii)

the reasons for an arrest without a warrant;

(c)

confirmation that the prosecutor has been notified;

(d)

confirmation that the following have been notified and are available—

(i)

any interpreter required,

(ii)

the defendant’s legal representative, if any, and

(iii)

any local or other authority, including any youth offending team, responsible for the defendant’s care or welfare;

(e)

the police custody officer’s proposal for the means by which the defendant will be brought before the court, either by live link or in person, and—

(i)

if the proposal is for the defendant to attend court by live link, details of any material circumstance listed in rule 3.35 (Live link direction: exercise of court’s powers), or

(ii)

if the proposal is for the defendant to attend court in person, the identity of the authority responsible for transporting the defendant and the expected time of arrival; and

(f)

details of any disability or other vulnerability of the defendant of which the police custody officer is aware and which is not apparent from other information supplied.

[Note. The court may issue a warrant for the defendant’s arrest—

(a)

under section 7(1) of the Bail Act 1976 where the defendant was released on bail under a duty to surrender into the custody of the court and fails to do so when required; or

(b)

under section 7(2) of the Act where the defendant was released on bail, surrenders into the custody of the court, and then leaves without the court’s permission before the hearing begins or resumes.

Under section 7(3) of the 1976 Act a defendant who has been released on bail and is under a duty to surrender into the custody of a court may be arrested and detained without a warrant by a constable—

(a)

who has reasonable grounds for believing that the defendant is not likely to surrender to custody,

(b)

who has reasonable grounds for believing that the defendant is likely to break any of the conditions of bail,

(c)

who has reasonable grounds for suspecting that the defendant has broken any of those conditions, or

(d)

where a surety for that bail notifies the constable in writing that the defendant is unlikely to surrender to custody and for that reason the surety wishes to be relieved of the obligations of a surety.

Under section 7(4) of the 1976 Act, subject to the exceptions to which rule 14.17(2) refers a defendant arrested under section 7(3) must be brought before a magistrates’ court as soon as practicable and in any event within 24 hours after the arrest, omitting any part of a day which is Christmas Day, Good Friday or a Sunday.

Under section 81(5) of the Senior Courts Act 1981^f2 a defendant arrested under a warrant issued by the Crown Court must be brought forthwith before—

(a)

the Crown Court if the defendant is charged with murder, or with murder and one or more other offences; or

(b)

the Crown Court or a magistrates’ court in any other case.]

Arrangements for court to receive defendant arrested for breach of bail

14.17.

(1)

The court officer must arrange for a defendant of whose arrest the police custody officer gives notice under rule 14.16 (Notice of arrest for breach of bail)—

(a)

if the arrest was under a Crown Court warrant, to be brought at once before—

(i)

the Crown Court, if the defendant is charged with murder or with murder and one or more other offences, or

(ii)

if the defendant is not so charged, the Crown Court as a general rule and otherwise a magistrates’ court;

(b)

if the arrest was under a magistrates’ court warrant, to be brought as soon as practicable before a magistrates’ court; and

(c)

if the arrest was without a warrant, subject to paragraph (2) to be brought as soon as practicable before a magistrates’ court—

(i)

by 3.30pm that day if that day is a business day,

(ii)

by 12.30pm that day if that day is a Saturday or a bank holiday,

(iii)

in either case, later if, but only if, a disability or vulnerability of the defendant so requires, and in any event

(iv)

within 24 hours after the arrest (but omitting from that period any part of a day which is Christmas Day, Good Friday or a Sunday).

(2)

Where a defendant of whose arrest the police custody officer gives notice under rule 14.16 was arrested without a warrant—

(a)

if the arrest was within 24 hours of the time at which that defendant was due to surrender into the custody of a court then the court officer must arrange for the defendant to be brought before that court; and

(b)

if the defendant is charged with murder or with murder and one or more other offences then—

(i)

the court officer must arrange for the defendant to be brought before the Crown Court as soon as practicable and in any event within 24 hours after the arrest (but omitting from that period any part of a day which is not a business day), and

(ii)

in paragraph (3) the reference to justices’ legal advisers is omitted.

(3)

In making the arrangements required by paragraph (1) the court officer must—

(a)

consult with those affected including—

(i)

the police custody officer,

(ii)

court members,

(iii)

justices’ legal advisers and other court officers, and

(iv)

the prosecutor; and

(b)

as far as is practicable rearrange court business to ensure that the time available will allow all cases heard that day to conclude by 4.30pm (or later if, but only if, a disability or vulnerability of the defendant the subject of this rule so requires).

(4)

When arrangements for the defendant to be brought before a court have been made the court officer promptly must so inform—

(a)

the police custody officer; and

(b)

as applicable, others consulted under paragraph (3)(a).

(5)

The court before which the defendant is brought under this rule must—

(a)

deal there and then with the alleged breach of bail; and

(b)

as far as is practicable take the next steps required in the defendant’s case in accordance with rule 3.8 (Case preparation and progression).”; and

amend the table of contents correspondingly.