Rule 9 Amendments to the Criminal Procedure Rules 2012

In Part 37 (Trial and sentence in a magistrates’ court)—

(a)

in rule 37.10 (Procedure if the court convicts)—

(i)

in paragraph (3)(c), after ‘sentence’ insert ‘, including any statement of the effect of the offence on the victim, the victim’s family or others’,

(ii)

for paragraph (4) substitute—

“(4)
The defendant must provide details of financial circumstances—

(a)
in any form required by the court officer;

(b)
by any date directed by the court or by the court officer.”,

(iii)

for paragraph (9) substitute—

“(9)
When the court has taken into account all the evidence, information and any report available, the court must—

(a)
as a general rule, pass sentence there and then;

(b)
when passing sentence, explain the reasons for deciding on that sentence, unless neither the defendant nor any member of the public is present;

(c)
when passing sentence, explain to the defendant its effect, the consequences of failing to comply with any order or pay any fine, and any power that the court has to vary or review the sentence, unless—

(i)
the defendant is absent, or

(ii)
the defendant’s ill-health or disorderly conduct makes such an explanation impracticable;

(d)
give any such explanation in terms the defendant, if present, can understand (with help, if necessary); and

(e)
consider exercising any power it has to make a costs or other order.”, and

(iv)

for paragraph (10)(a) substitute—

“(a)
the court must adjourn the hearing if the defendant is absent, the case started with a summons or requisition, and either—

(i)
the court considers passing a custodial sentence, or

(ii)
the court considers imposing a disqualification (unless it has already adjourned the hearing to give the defendant an opportunity to attend);”;

(b)

in the note to rule 37.10, after the twelfth paragraph insert—

“Under section 174(4) of the Criminal Justice Act 2003^f1, Criminal Procedure Rules may prescribe cases in which there do not apply the court’s usual duties to give reasons and explanations. Written notice of the effect of some sentences is required by rule 42.2 (notice of requirements of suspended sentence or community, etc. order), rule 42.3 (notice of statutory notification requirements) and rule 52.2 (notice of fine or other financial order).”;

(c)

for rule 37.12 (Provision of documents for the court), substitute—

“37.12.

(1)
A party who introduces a document in evidence, or who otherwise uses a document in presenting that party’s case, must provide a copy for—
(a)
each other party;

(b)
any witness that party wants to refer to that document;

(c)
the court; and

(d)
the justices’ legal adviser.

(2)
Unless the court otherwise directs, on application or on its own initiative, the court officer must provide for the court—

(a)
any copy received under paragraph (1) before the hearing begins; and

(b)
a copy of the court officer’s record of—

(i)
information supplied by each party for the purposes of case management, including any revision of information previously supplied,

(ii)
each pre-trial direction for the management of the case,

(iii)
any pre-trial decision to admit evidence,

(iv)
any pre-trial direction about the giving of evidence, and

(v)
any admission to which rule 37.6 applies.

[Note. A written witness statement to which Part 27 applies may only be introduced in evidence if there has been no objection within the time limit to which rule 27.4 refers.

An expert report to which Part 33 applies may only be introduced in evidence if it has been served in accordance with rule 33.4.

See also rule 34.3 for the procedure where a party objects to the introduction of hearsay evidence, including such evidence in a document, and rules 35.3 and 35.4 for the procedure where a party objects to the introduction of evidence of bad character.

A direction about the giving of evidence may be made on an application to which Part 29 applies (measures to assist a witness or defendant to give evidence).]”; and

(d)

in rule 37.14 (Duty of justices’ legal adviser), for paragraph (2) substitute—

“(2)
A justices’ legal adviser must—

(a)
before the hearing begins, by reference to what is provided for the court under rule 37.12 draw the court’s attention to—

(i)
what the prosecutor alleges,

(ii)
what the parties say is agreed,

(iii)
what the parties say is in dispute, and

(iv)
what the parties say about how each expects to present the case, especially where that may affect its duration and timetabling;

(b)
whenever necessary, give the court legal advice and—

(i)
if necessary, attend the members of the court outside the courtroom to give such advice, but

(ii)
inform the parties of any such advice given outside the courtroom; and

(c)
assist the court, where appropriate, in the formulation of its reasons and the recording of those reasons.”.

Annotations

Footnotes

f1: 2003 c. 44; section 174 was substituted by section 64 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).