Article 11 Amendments to the Criminal Procedure Rules 2015

In Part 34 (Appeal to the Crown Court)—

(a)

in rule 34.7 (Application to introduce further evidence)—

(i)

for the heading to the rule, substitute ‘Application to introduce further evidence or for ruling on procedure, evidence or other question of law’,

(ii)

in paragraph (1), for ‘This rule applies where’ substitute ‘Paragraph (2) of this rule applies where’,

(iii)

after paragraph (2) insert—

“(3)
Paragraph (4) of this rule applies to an application—

(a)
about—

(i)
case management, or any other question of procedure, or

(ii)
the introduction or admissibility of evidence, or any other question of law;

(b)
that has not been determined before the hearing of the appeal begins.

(4)
The application is subject to any other rule that applies to it (for example, as to the time and form in which the application must be made).”, and

(iv)

for the note to the rule substitute—

“[Note. See also Part 16 (Written witness statements), Part 19 (Expert evidence) and Part 23 (Restriction on cross-examination by a defendant), which may apply where this Part applies.]”;

(b)

amend the table of contents correspondingly; and

(c)

for rule 34.11 (Constitution of the Crown Court) substitute—

“34.11.

(1)
On the hearing of an appeal the general rule is that—
(a)
the Crown Court must comprise—

(i)
a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate, and

(ii)
no less than two and no more than four justices of the peace, none of whom took part in the decision under appeal; and

(b)
if the appeal is from a youth court—

(i)
each justice of the peace must be qualified to sit as a member of a youth court, and

(ii)
the Crown Court must include a man and a woman.

(2)
Despite the general rule—

(a)
the Crown Court may include only one justice of the peace and need not include both a man and a woman if—

(i)
the presiding judge decides that otherwise the start of the appeal hearing will be delayed unreasonably, or

(ii)
one or more of the justices of the peace who started hearing the appeal is absent; and

(b)
the Crown Court may comprise only a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate if—

(i)
the appeal is against conviction, under section 108 of the Magistrates’ Courts Act 1980^f1, and

(ii)
the respondent agrees that the court should allow the appeal, under section 48(2)^f2 of the Senior Courts Act 1981.

(3)
Before the hearing of an appeal begins—

(a)
the Crown Court may comprise only a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate; and

(b)
so constituted, the court may, among other things, exercise the powers to which the rules in this Part and in Part 3 (Case management) apply.

[Note. See sections 73 and 74 of the Senior Courts Act 1981^f3 (which allow rules of court to provide for the constitution of the Crown Court in proceedings on appeal), section 45 of the Children and Young Persons Act 1933^f4 and section 9 of the Courts Act 2003^f5. Under section 8(1A) of the Senior Courts Act 1981^f6, a qualifying judge advocate may not exercise the jurisdiction of the Crown Court on an appeal from a youth court.]”.

Annotations

Footnotes

f1: 1980 c. 43; section 108 was amended by sections 66(2) and 78 of, and Schedule 16 to, the Criminal Justice Act 1982 (c. 48), section 23(3) of the Football Spectators Act 1989 (c. 37), section 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991 (c. 53), sections 119 and 120(2) of, and paragraph 43 of Schedule 8 and Schedule 10 to, the Crime and Disorder Act 1998 (c. 37), section 7(2) of the Football (Offences and Disorder) Act 1999 (c. 21), section 165(1) of, and paragraph 71 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 1 of, and Schedule 3 to, the Football (Disorder) Act 2000 (c. 25), section 58(1) of, and paragraph 10 of Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004 (c. 28), section 52(2) of, and paragraph 14 of Schedule 3 to, the Violent Crime Reduction Act 2006 (c. 38), section 64 of, and paragraph 10 of Schedule 3 to, the Animal Welfare Act 2006 (c. 45) and section 54 of, and paragraphs 2 and 4 of Schedule 12 to, the Criminal Justice and Courts Act 2015 (c. 2).
f2: 1981 c. 54; section 48(2) was amended by section 156 of the Criminal Justice Act 1988 (c. 33).
f3: 1981 c. 54; section 73 was amended by article 3 of, and paragraphs 11 and 12 of the Schedule to, S.I. 2004/2035 and section 26 of, and paragraph 2 of Schedule 2 to, the Armed Forces Act 2011 (c. 18). Section 74 was amended by sections 79 and 106 of, and Table (4) of Part V of Schedule 15 to, the Access to Justice Act 1999 (c. 22), article 3 of, and paragraphs 11 and 12 of the Schedule to S.I. 2004/2035, section 15 of, and paragraphs 114 and 133 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4) and section 26 of, and paragraph 3 of Schedule 2 to, the Armed Forces Act 2011 (c. 18). The Act’s title was amended by section 59(5) of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).
f4: 1933 c. 12; section 45 was substituted by section 50 of the Courts Act 2003 (c. 39) and amended by section 15 of, and paragraph 20 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4).
f5: 2003 c. 39.
f6: 1981 c. 54; section 8(1A) was inserted by paragraph 1 of Schedule 2 to the Armed Forces Act 2011 (c. 18).