# The Criminal Procedure (Amendment) Rules 2016, 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, and
(ii) the respondent agrees that the court should allow the appeal, under section 48(2) 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 (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 and section 9 of the Courts Act 2003. Under section 8(1A) of the Senior Courts Act 1981, a qualifying judge advocate may not exercise the jurisdiction of the Crown Court on an appeal from a youth court.]”.

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Source: https://www.legislation.gov.uk/uksi/2016/120/article/11 (the official version)
Page: https://openlegislation.uk/criminal-procedure-amendment-rules-2016/article-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.