{
  "url": "https://openlegislation.uk/criminal-procedure-amendment-rules-2012/rule-10",
  "json_url": "https://openlegislation.uk/criminal-procedure-amendment-rules-2012/rule-10.json",
  "legislation": "uksi/2012/3089",
  "legislation_title": "The Criminal Procedure (Amendment) Rules 2012",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-amendment-rules-2012",
  "path": "rule/10",
  "kind": "rule",
  "number": "10",
  "heading": "Amendments to the Criminal Procedure Rules 2012",
  "text": "In Part 42 (Sentencing procedures in special cases)—\n(a) in the table of contents—\n(i) for the first entry in the first column substitute ‘Reasons for not following usual sentencing requirements’,\n(ii) after the last entry in the first column insert ‘Application to review sentence because of assistance given or withheld’, and\n(iii) after the last entry in the second column insert ‘rule 42.11’;\n(b) in rule 42.1 (Reasons for deciding not to follow a guideline or make an order)—\n(i) for the heading to the rule substitute ‘Reasons for not following usual sentencing requirements’,\n(ii) after paragraph (1)(c) insert—\n“(d) to pass a lesser sentence than it otherwise would have passed because the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence.”,\n(iii) in paragraph (2), for ‘why it has not done so’ substitute ‘why it has so decided’, and\n(iv) after paragraph (2) insert—\n“(3) Where paragraph (1)(d) applies, the court must arrange for such an explanation to be given to the defendant and to the prosecutor in writing, if the court thinks that it would not be in the public interest to explain in public.”;\n(c) in the note to rule 42.1, in the first paragraph, omit ‘and’, in the second place it occurs, and at the end of the paragraph insert ‘and section 73 of the Serious Organised Crime and Police Act 2005.’; and\n(d) after rule 42.10 (Information to be supplied on committal for sentence, etc.) insert—\n“Application to review sentence because of assistance given or withheld\n42.11. (1) This rule applies where the Crown Court can reduce or increase a sentence on application by a prosecutor in a case in which—\n(a) since being sentenced, the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence; or\n(b) since receiving a reduced sentence for agreeing to give such assistance, the defendant has failed to do so.\n(2) A prosecutor who wants the court to exercise that power must—\n(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;\n(b) serve the application on—\n(i) the court officer, and\n(ii) the defendant; and\n(c) in the application—\n(i) explain why the sentence should be reduced, or increased, as appropriate, and\n(ii) specify any reduction or increase that the applicant proposes.\n(3) The general rule is that the application must be determined by the judge who passed the sentence, unless that judge is unavailable.\n(4) The court must not determine the application in the defendant’s absence unless the defendant has had an opportunity to make representations at a hearing (whether or not the defendant in fact attends).\n[Note.Under section 73 of the Serious Organised Crime and Police Act 2005, the Crown Court may pass a lesser sentence than it otherwise would have passed because the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence.\nUnder section 74 of the 2005 Act, where the Crown Court has sentenced a defendant a prosecutor may apply to the court—\n(a) to reduce the sentence, if the defendant subsequently assists, or agrees to assist, in the investigation or prosecution of an offence; or\n(b) to increase a reduced sentence to that which the court otherwise would have passed, if the defendant agreed to give such assistance but subsequently has knowingly failed to do so.\nSuch an application may be made only where—\n(a) the defendant is still serving the sentence; and\n(b) the prosecutor thinks it is in the interests of justice to apply.]”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2005 c. 15."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2005 c. 15."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2005 c. 15; section 74 was amended by article 13 of, and paragraphs 1 and 19 of Schedule 15 to, S.I. 2010/976."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/3089/rule/10",
    "retrieved_at": "2026-10-29T01:10:40.758779+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."
}