OpenLegislation

Article 8 Amendments to the Criminal Procedure Rules 2005I1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

At the end of the note after rule 3.5 (The court’s case management powers), insert—

  • “See also rule 3.10.

  • The court may make a costs order under—

    1. (a)

      section 19 of the Prosecution of Offences Act 1985f1, where the court decides that one party to criminal proceedings has incurred costs as a result of an unnecessary or improper act or omission by, or on behalf of, another party;

    2. (b)

      section 19A of that Actf2, where the court decides that a party has incurred costs as a result of an improper, unreasonable or negligent act or omission on the part of a legal representative;

    3. (c)

      section 19B of that Actf3, where the court decides that there has been serious misconduct by a person who is not a party.

  • Under some other legislation, including Parts 24, 34 and 35 of these Rules, if a party fails to comply with a rule or a direction then in some circumstances—

    1. (a)

      the court may refuse to allow that party to introduce evidence;

    2. (b)

      evidence that that party wants to introduce may not be admissible;

    3. (c)

      the court may draw adverse inferences from the late introduction of an issue or evidence.

  • See also—

  • section 81(1) of the Police and Criminal Evidence Act 1984f4 and section 20(3) of the Criminal Procedure and Investigations Act 1996f5 (advance disclosure of expert evidence);

  • section 11(5) of the Criminal Procedure and Investigations Act 1996f6 (faults in disclosure by accused);

  • section 132(5) of the Criminal Justice Act 2003f7 (failure to give notice of hearsay evidence)..”

Annotations

Commencement

I1

Rule 8 in force at 7.4.2008, see rule 2

Footnotes

f1

1985 c. 23; section 19 was amended by section 166(2) and (3) of the Criminal Justice Act 1988 (c. 33), section 45 of, and Schedule 6 to, the Legal Aid Act 1988 (c. 34), section 7 of, and paragraph 8 of Schedule 3 to, the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), section 24 of, and paragraphs 27 and 28 of Schedule 4 to, the Access to Justice Act 1999 (c. 22), sections 40(1) and 67(4) of, and paragraph 4 of Schedule 7 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23), section 165(1) of, and paragraph 99 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) and section 378(1) of, and paragraph 107 (a) and (b) of Schedule 16 to, the Armed Forces Act 2006 (c. 52).

f2

1985 c. 23; section 19A was inserted by section 111 of the Courts and Legal Services Act 1990 (c. 41).

f3

1985 c. 23; section 19B was inserted by section 93 of the Courts Act 2003 (c. 39).

f4

1984 c. 60; section 81(1) was amended by section 109(1) of, and paragraph 286 of Schedule 8 to, the Courts Act 2003 (c. 39).

f5

1996 c. 25; section 20(3) was amended by section 109(1) of, and paragraph 378 of Schedule 8 to, the Courts Act 2003 (c. 39).

f6

1996 c. 25; section 11 was substituted by section 39 of the Criminal Justice Act 2003 (c. 44).

f7

2003 c. 44.