{
  "url": "https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2026/note",
  "json_url": "https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2026/note.json",
  "legislation": "uksi/2026/721",
  "legislation_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2026",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Rules)\nThese Rules amend the Criminal Procedure Rules 2025 (S.I. 2025/909) as follows—\nPart\nAmendment\nPart 2\nRule 2.4, rule 2.8 and the note to that rule are amended the more clearly to describe judicial powers that may be exercised by a justices’ legal adviser when a defendant is charged at a police station and first brought to court.\nPart 3\nRule 3.8 and the note to the rule are amended the more clearly to distinguish between witness companions whose roles are specified in the Victim Support (Specified Roles) Regulations 2025 (S.I. 2025/455) and other witness companions.\nPart 5\nRule 5.4 is amended to require a record to be made of any announcement by a court that an offence involved domestic abuse.\nPart 6\nThe note to rule 6.1 is amended to refer to the court’s statutory powers to protect the identity of an authorised firearms officer charged with a qualifying offence within the meaning of the Crime and Policing Act 2026 (c. 20).\nPart 7\nRule 7.2 and the note to the rule are amended the more clearly to describe the circumstances in which a magistrates’ court must refuse to issue a summons.\nPart 13\nRule 13.5 is amended to clarify the duties of a court officer and of the court where an arrest warrant is outstanding against a defendant who is present before the court.\nPart 18\nRule 18.8 is amended to specify the directions that a court may give to control public access to, and the reporting of, a video recorded cross-examination or re-examination of a witness under section 28 of the Youth Justice and Criminal Evidence Act 1999 (c. 23).\nPart 24\nRule 24.11 and the note to the rule are amended to refer to (a) a magistrates’ court’s duty under section 56A of the Sentencing Act 2020 (c. 17) to announce any view reached that an offence involved domestic abuse, and (b) the period of deferment of sentence under section 5 of that Act.\nPart 25\nRule 25.16 and the note to the rule are amended to refer to (a) the Crown Court’s (i) power to require a defendant to attend a sentencing hearing under section 41A of the Sentencing Act 2020, (ii) duty to prohibit a defendant from exercising parental rights and responsibilities under section 10A of the Children Act 1989 (c. 41) and (iii) duty under section 56A of the Sentencing Act 2020 to announce any view reached that an offence involved domestic abuse; and (b) the period of deferment of sentence under section 5 of the 2020 Act.\nPart 28\nThe note to rule 28.3 is amended to refer to statutory notification requirements imposed under Schedule 1A to the Serious Crime Act 2007 (c. 27) on the making of a serious crime prevention order, and under section 9 of the Stalking Protection Act 2019 (c. 20) on the making of a stalking protection order.\nPart 31\nThe note to rule 31.1, rule 31.3, rule 31.4, rule 31.5 and the note to rule 31.9 all are amended to reference and to accommodate statutory provisions that (a) confer powers to make child criminal exploitation prevention orders (under section 358A of the Sentencing Act 2020 and section 50 of the Crime and Policing Act 2026); (b) amend the powers of courts to make serious crime prevention orders (under section 19A of the Serious Crime Act 2007 (c. 27)) and stalking protection orders (under section 364B of the 2020 Act and section 2A of the Stalking Protection Act 2019); and (c) amend the powers of courts to impose electronic monitoring requirements (under section 5B of the Serious Crime Act 2007, section 348A of the 2020 Act and section 37 of the Domestic Abuse Act 2021 (c. 17)).\nPart 41\nRule 41.2 is amended to reflect the amendment made by section 13 of the Victims and Courts Act 2026 (c. 19) to the period within which the Attorney General must apply to the Court of Appeal for permission to refer a sentencing case.\nPart 45\nRule 45.4 is amended to codify case law on the information that must be supplied by a private prosecutor who applies for costs to be paid out of central funds.\nPart 47\nRules 47.69 to 47.74 are added to provide for the exercise by the Crown Court of powers conferred under Schedule 18 to the Crime and Policing Act 2026 (c. 20) to make orders for the suspension of internet protocol addresses and internet domain names.\nPart 48\nRule 48.5 and the note to the rule, and rule 48.9, are amended to include references to new statutory powers to punish contempt of court.\nThese Rules (other than the rules mentioned in rule 2(a) to (d)) come into force on 5th October 2026. The rules mentioned in rule 2(a) to (d) come into force at the same times as the provisions of primary legislation to which they relate.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/721/note",
    "retrieved_at": "2026-10-28T20:58:54.640429+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."
}