# The Criminal Procedure (Amendment) (No. 2) Rules 2026, Rule 4: Amendment of Part 2


In Part 2 (understanding and applying the Rules; powers and duties of court officers and justices’ legal advisers)—
(a) in rule 2.4 (exercise of court’s functions by authorised court officers: general rules), at the end of paragraph (3)(e) insert “, except to the extent that rule 2.8 allows”;
(b) in rule 2.8 (exercise of functions of magistrates’ courts)—
(i) in paragraph (3) for “the other functions of a magistrates’ court listed in” substitute “a function of a magistrates’ court listed in any of”;
(ii) for “In connection”, in each place it occurs, substitute “Associated primarily”;
(iii) in paragraph (4)—
(aa) in sub-paragraph (a) omit the words from “, where” to the end;
(bb) insert “and” after sub-paragraph (e)(iv);
(cc) after sub-paragraph (e)(iv) insert—
“(v) giving a ruling to which section 8A of the Magistrates’ Courts Act 1980 (power to make rulings at pre-trial hearing) refers where there is no objection to the ruling;”;
(dd) for sub-paragraph (h) substitute—
“(h) where there is no objection to the order, imposing a reporting restriction under—
(i) section 45 of the Youth Justice and Criminal Evidence Act 1999 (identity of a person under 18), or
(ii) section 8C of the Magistrates’ Courts Act 1980 (rulings and decisions under sections 8A and 8B of that Act);”;
(iv) in paragraph (8)—
(aa) omit the “and” after sub-paragraph (b);
(bb) insert “; and” after sub-paragraph (c);
(cc) after sub-paragraph (c) insert—
“(d) ordering interim disqualification from driving under section 26 of the Road Traffic Offenders Act 1988, unless—
(i) the defendant has served on the court officer representations to which rule 29.1 refers (Representations about obligatory disqualification or endorsement), or
(ii) the defendant states an intention to make such representations at the sentencing hearing.”;
(v) in the note to the rule, for the third and fourth paragraphs substitute—
“Under section 50 of the Crime and Disorder Act 1998, where a defendant has been charged with an offence at a police station, the magistrates’ court before which that defendant appears or is brought for the first time in relation to the charge may consist of a single justice; if the defendant is represented, or has been given an opportunity to apply for representation, then at such a hearing that justice may exercise such of the powers of a single justice as they think fit; and where on such an occasion the powers of a single justice are exercised by an authorised court officer that court officer may not remand the defendant in custody or, without the consent of the prosecutor and the defendant, remand the defendant on bail on conditions other than those (if any) previously imposed. The functions of a single justice include allocation and sending for trial: see section 17E of the Magistrates’ Courts Act 1980 and sections 51(13) and 51A(11) of the Crime and Disorder Act 1998.
Under section 8A of the Magistrates’ Courts Act 1980, at a pre-trial hearing a magistrates’ court may make a ruling as to any question as to the admissibility of evidence and any other question of law relating to the case. Under section 8B(3) of the 1980 Act, a magistrates’ court may discharge or vary (or further vary) a pre-trial ruling within the meaning of section 8A of that Act if the court has given the parties an opportunity to be heard and if, among other things, there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made. Under section 8C of that Act, the court may impose restrictions on the reporting of such decisions.”.

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Source: https://www.legislation.gov.uk/uksi/2026/721/rule/4 (the official version)
Page: https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2026/rule-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.