Explanatory note
(This note is not part of the Rules)
These Rules amend the Criminal Procedure Rules 2020, S.I. 2020/759, as follows:
| Rule | Amendment |
|---|---|
| Part 3 | Rules 3.3 and 3.8 are amended explicitly to provide for directions for the participation of a witness companion while the witness gives evidence. |
| Part 5 | Rule 5.4 is amended explicitly to require the recording of any statement or opinion by a magistrates’ court under the legislation to which those amendments refer, which legislation affects the powers of the Crown Court when a defendant is committed there for sentence. |
| Part 7 | Rule 7.4 is amended explicitly to require the service on the parent or guardian of a young defendant of a copy of the summons or requisition served on that defendant. |
| Part 9 | New rule 9.15 is added explicitly to require an opinion by a magistrates’ court under the legislation to which the new rule refers, which opinion affects the powers of the Crown Court when a defendant is committed there for sentence. Rules 9.1, 9.2 and 9.5 are amended to refer to and supplement the new rule. |
| Part 24 | Rule 24.8 is amended to encourage prompt entry of any written guilty plea that the defendant may wish to make where that rule applies. Rule 24.11 is amended (i) explicitly to require a statement by a magistrates’ court under the legislation to which the amendment refers, which statement affects the powers of the Crown Court when a defendant is committed there for sentence, and (ii) explicitly to acknowledge the magistrates’ court’s powers to commit a defendant for sentence. |
| Part 25 | Rule 25.14 is amended to encourage written as well as oral directions to jurors. |
| Part 28 | The heading to the Part and rule 28.10 are amended, and new rule 28.12 is added, explicitly to acknowledge (i) the magistrates’ court’s powers under the legislation to which the new rule refers, and (ii) the Crown Court’s procedure and sentencing powers when a defendant is committed there for sentence. |
| Part 33 | Rule 33.7 is amended to impose a time limit for an application for costs in restraint or receivership proceedings. |
| Part 42 | Rule 42.8 is amended (i) to require the Registrar of Criminal Appeals to notify the magistrates’ court responsible for enforcing a confiscation order if an unsuccessful application for permission to appeal is renewed under the legislation to which that rule applies, and (ii) in such circumstances explicitly to require that magistrates’ court’s staff to withhold the payment of any sum suspended in consequence of the application for permission. Rule 42.11 is amended to require notice of such an appeal and of its effect to be given to those listed in the amendments. Rules 42.12 and 42.13 are amended for consistency with the amendments to rule 42.11. |
These Rules come into force on 4th April 2022.