Explanatory note
(This note is not part of the Rules)
These Rules amend the Criminal Procedure Rules 2015, S.I. 2015/1490, as follows:
| Rule | Amendment |
|---|---|
| Part 2 | Rules 2.4 to 2.10 are added to provide for the exercise of judicial functions by authorised court officers under section 67B of the Courts Act 2003. The heading to Part 2 and rules 2.2 and 2.3 are amended in consequence. |
| Part 3 | Rule 3.29 is added to provide a procedure for the prosecutor to inform the court of the existence of sensitive material that is not required to be disclosed to the defendant under Part 1 of the Criminal Procedure and Investigations Act 1996. Rule 3.1 is amended in consequence. |
| Part 5 | Rule 5.8 is amended to include a statement of the principle of open justice to which the rule gives effect and to make clear that the supply and publication of information about criminal cases is subject to that principle. |
| Part 7 | Rule 7.3 is amended to clarify the procedure that a prosecutor must follow to add a further offence to an existing prosecution in a magistrates’ court. Rule 7.1 is amended in consequence. |
| Part 13 | Rule 13.4 is amended to require in a warrant for the detention or imprisonment of a defendant an indication of any physical or mental ill-health of which the custodian ought to be aware. |
| Part 28 | Rule 28.9 is amended to require the supply to a custodian of a defendant any psychiatric, psychological or other medical report received by the court. |
| Part 31 | Rules 31.1, 31.3 and the note to rule 31.5 are amended to refer to knife crime prevention orders made under the Offensive Weapons Act 2019. |
| Part 34 | Rule 34.1 and the note to that rule are amended to refer to the right of appeal to the Crown Court in relation to the variation, renewal or discharge of a knife crime prevention order. |
| Part 39 | Rule 39.1 and the note to that rule are amended to refer to (i) the right of appeal to the Court of Appeal in relation to the variation, renewal or discharge of a knife crime prevention order, and (ii) the right of appeal to the Court of Appeal against findings consequent on a finding of disability under the Criminal Procedure (Insanity) Act 1964. Rule 39.2 is amended to require the Registrar of Criminal Appeals in some cases to refer to a judge for procedural directions an application for permission to appeal in respect of such a 1964 Act finding. |
These Rules come into force on 6th April 2020.