Article 4 Amendments to the Criminal Procedure Rules

in paragraph (1)(b), for “heard” substitute “considered by the court”;

for paragraph (3)(a) substitute—

“(a)

may be made orally, giving no reasons, if—

(i)

paragraph (4) requires the court officer to supply the information requested, and

(ii)

the information is to be supplied only by word of mouth;”,

for paragraph (5)(b) substitute—

“(b)

in writing, including by—

(i)

written certificate or extract, or

(ii)

such arrangements as the Lord Chancellor directs.”,

in paragraph (6)(e), for “any trial and any appeal” substitute “the case”,

for paragraph (7)(a) substitute—

“(a)

supply to the applicant, by word of mouth or in writing (including by written certificate or extract), other information about the case; or”, and

for paragraphs (9) to (11) substitute—

“(9)

Where a case is due to be heard in public, the court officer must—

(a)

publish the information listed in paragraph (10) if—

(i)

the information is available to the court officer, and

(ii)

the publication of the information is not prohibited by a reporting restriction;

(b)

publish that information—

(i)

by notice displayed somewhere prominent in the vicinity of a court room in which the hearing is due to take place, or by such other arrangements as the Lord Chancellor directs (including arrangements for publication by electronic means), and

(ii)

for no longer than 5 business days.

(10)

The information that paragraph (9) requires the court officer to publish is—

(a)

the date, time and place of the hearing;

(b)

the identity of the defendant; and

(c)

such other information as it may be practicable to publish concerning—

(i)

the type of hearing,

(ii)

the identity of the prosecutor,

(iii)

the identity of the court,

(iv)

the offence or offences alleged, and

(v)

whether any reporting restriction applies.

(11)

Where a case is ready to be tried without a hearing under rule 24.9 (Single justice procedure: special rules), the court officer must—

(a)

publish the information listed in paragraph (12) if—

(i)

the information is available to the court officer, and

(ii)

the publication of the information is not prohibited by a reporting restriction;

(b)

publish that information—

(i)

by such arrangements as the Lord Chancellor directs, including arrangements for publication by electronic means, and

(ii)

for no longer than 5 business days.

(12)

The information that paragraph (11) requires the court officer to publish is—

(a)

the identity of the defendant;

(b)

the identity of the prosecutor;

(c)

the offence or offences alleged; and

(d)

whether any reporting restriction applies.”; and

for the heading to the rule substitute “Supply of written certificate or extract from records for use in evidence, etc.”, and

at the end of the note to the rule insert—

“This rule applies where certificates or extracts from court records are required for use in evidence or for some other purpose specified in legislation. Where this rule does not apply, information about a case may be obtained under rule 5.8.”; and