{
  "url": "https://openlegislation.uk/criminal-procedure-amendment-rules-2026/rule-9",
  "json_url": "https://openlegislation.uk/criminal-procedure-amendment-rules-2026/rule-9.json",
  "legislation": "uksi/2026/47",
  "legislation_title": "The Criminal Procedure (Amendment) Rules 2026",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-amendment-rules-2026",
  "path": "rule/9",
  "kind": "rule",
  "number": "9",
  "heading": "Amendments to the Criminal Procedure Rules 2025",
  "text": "In Part 31 (Behaviour orders)—\n(a) in rule 31.1 (When this Part applies)—\n(i) for paragraphs (1) and (2) substitute—\n“(1) This Part applies where a magistrates’ court or the Crown Court can—\n(a) make, vary, renew, discharge or revoke a behaviour order; or\n(b) impose a bind over.\n(2) In this Part—\n(a) ‘behaviour order’ means an order—\n(i) that prohibits a defendant from doing something described in the order, or requires a defendant to do something described in the order, or both,\n(ii) made under a power conferred on the court by an Act of Parliament,\n(iii) made to achieve a purpose specified by that Act, and\n(iv) made as well as, or instead of, passing a sentence, or in any other circumstances specified by that Act; and\n(b) ‘bind over’ means an order that requires a person to enter into a recognisance—\n(i) to keep the peace and be of good behaviour, or\n(ii) (in the Crown Court only) to come up for judgment if called on.”, and\n(ii) in the first paragraph of the note to the rule, for sub-paragraphs (a) and (b), substitute—\n“(a) on conviction, under—\n(i) sections 14A and 14G of the Football Spectators Act 1989 (football banning order with additional requirements);\n(ii) section 19 of the Serious Crime Act 2007 (serious crime prevention order),\n(iii) section 14 of the Modern Slavery Act 2015 (slavery and trafficking prevention order),\n(iv) section 19 of the Psychoactive Substances Act 2016 (prohibition order),\n(v) section 20 of the Immigration Act 2016 (labour market enforcement order),\n(vi) section 19 of the Offensive Weapons Act 2019 (knife crime prevention order),\n(vii) section 331 of the Sentencing Act 2020 (criminal behaviour order),\n(viii) section 342A of the 2020 Act (serious violence reduction order),\n(ix) section 345 of the 2020 Act (sexual harm prevention order),\n(x) section 360 of the 2020 Act (restraining order),\n(xi) section 366 of the 2020 Act (parenting order),\n(xii) section 376 of the 2020 Act (binding over of parent or guardian of convicted young defendant to take proper care of the defendant and exercise proper control),\n(xiii) section 31(3) of the Domestic Abuse Act 2021 (domestic abuse protection order),\n(xiv) section 20 of the Public Order Act 2023 (serious disruption prevention order);\n(b) otherwise, under—\n(i) section 5A of the Protection from Harassment Act 1997 (restraining order on acquittal, where the Crown Court allows an appeal against conviction or where the Court of Appeal remits a case to the Crown Court),\n(ii) paragraph 3 of Schedule 2 to the Female Genital Mutilation Act 2003 (female genital mutilation protection order made in criminal proceedings for a genital mutilation offence),\n(iii) section 14 of the Modern Slavery Act 2015 (slavery and trafficking prevention order on finding of not guilty by reason of insanity or on finding of disability),\n(iv) section 31(5) or (6) of the Domestic Abuse Act 2021 (domestic abuse protection order on acquittal or where the Crown Court allows an appeal against conviction).”;\n(b) in rule 31.2 (Behaviour orders and bind overs: general rules)—\n(i) in the first paragraph of the note to the rule, at the end insert “See section 34 of the Domestic Abuse Act 2021 about making a domestic abuse protection order without notice.”, and\n(ii) for the second paragraph of the note to the rule substitute—\n“Reasons for a decision to make no order are required by section 14A(3) of the Football Spectators Act 1989 (football banning order) and section 366(3) of the Sentencing Act 2020(parenting order).”;\n(c) in rule 31.3 (Application for behaviour order and notice of terms of proposed order: special rules)—\n(i) for paragraph (1) substitute—\n“(1) This rule applies where—\n(a) a prosecutor wants the court to make one of the following orders if the defendant is convicted—\n(i) a serious crime prevention order,\n(ii) a knife crime prevention order,\n(iii) a criminal behaviour order,\n(iv) a serious violence reduction order, or\n(v) a serious disruption prevention order;\n(b) on the prosecutor’s initiative, or at the court’s request, a prosecutor proposes that the court make one of the following orders if the defendant is convicted—\n(i) a football banning order with additional requirements,\n(ii) a prohibition order,\n(iii) a labour market enforcement order,\n(iv) a sexual harm prevention order, or\n(v) a parenting order;\n(c) on the prosecutor’s initiative, or at the court’s request, a prosecutor proposes that the court make one of the following orders whether the defendant is convicted or not—\n(i) a restraining order,\n(ii) a female genital mutilation protection order,\n(iii) a slavery and trafficking prevention order, or\n(iv) a domestic abuse protection order.”;\n(ii) for paragraph (5) substitute—\n“(5) Where paragraph (1)(b) or (c) applies (order proposed), the prosecutor must—\n(a) serve a draft order on the court officer and on the defendant as soon as practicable and in any event before the hearing at which the order may be made; and\n(b) in the draft order specify those prohibitions, requirements or both which the prosecutor proposes to satisfy the statutory provisions that allow the court to make the order.”,\n(iii) omit paragraphs (6), (7) and (8),\n(iv) in the first paragraph of the note to the rule for “rule 31.3(1)(b), (c) and (d)” substitute “rule 31.3(1)(b) and (c)”, and\n(v) omit the second paragraph of the note to the rule;\n(d) for rule 31.4 (Evidence to assist the court: special rules) substitute—\n“Evidence to assist the court: special rules\n31.4. (1) A party who wants the court to take account of evidence not already introduced must—\n(a) as soon as practicable, serve notice on—\n(i) the court officer, and\n(ii) every other party;\n(b) in the notice, identify that evidence; and\n(c) attach any written statement containing such evidence.\n(2) Paragraph (3) applies where the court can make—\n(a) a criminal behaviour order;\n(b) a prohibition order; or\n(c) a domestic abuse protection order.\n(3) A party who wants the court to give a special measures direction for a witness under Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 must, as soon as practicable—\n(a) serve notice that the witness is eligible for assistance under section 16 or section 17 of the 1999 Act on—\n(i) the court officer, and\n(ii) every other party; and\n(b) provide any information, including the witness’ own views, that the court may need to decide—\n(i) whether any of the special measures available in relation to the witness (or any combination of them) would be likely to improve the quality of evidence given by the witness, and\n(ii) if so, which of those measures (or combination of them) would be likely to maximise so far as practicable the quality of that evidence.\n[Note. If a party relies on hearsay evidence, see also rules 31.6, 31.7, and 31.8.\nThe court can give a special measures direction under the Youth Justice and Criminal Evidence Act 1999—\n(a) on an application for a criminal behaviour order, under section 340 of the Sentencing Act 2020; and\n(b) in proceedings for—\n(i) a prohibition order, under section 33 of the Psychoactive Substances Act 2016, or\n(ii) a domestic abuse protection order, under section 49 of the Domestic Abuse Act 2021.]”; and\n(e) in rule 31.6 (Notice of hearsay evidence), in the first paragraph of the note to the rule for the first sentence substitute “For requirements to serve a notice of evidence, see rules 31.3, 31.4 and 31.5.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1989 c. 37; sections 14A and 14G were substituted by section 1 of, and paragraphs 1 and 2 of Schedule 1 to, the Football (Disorder) Act 2000 (c. 25). Section 14A was subsequently amended by section 86(5) of the Anti-Social Behaviour Act 2003 (c. 38), section 139(10) of the Serious Organised Crime and Police Act 2005 (c. 15), paragraphs 1 and 2(1) of Schedule 3 and Schedule 5 to the Violent Crime Reduction Act 2006 (c. 38), paragraph 107 of Schedule 24 to the Sentencing Act 2020 (c. 17) and by section 192(1) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32). Section 14G was subsequently amended by paragraph 332(a) of Schedule 8 to the Courts Act 2003 (c. 39)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2007 c. 27; section 19 was amended by paragraph 78 of Schedule 4 to the Serious Crime Act 2015 (c. 9)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2015 c. 30."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2016 c. 2."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "2016 c. 19."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "2019 c. 17; section 19 was amended by section 167(1) of the Police, Crime, Sentencing and Courts Act 2022. Section 19 is in force only partially."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "2020 c. 17."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Section 342A was inserted by section 165(1) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32). Section 342A is in force only partially."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "2021 c. 17."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "2023 c. 15."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "1997 c. 40; section 5A was inserted by section 12(5) of the Domestic Violence, Crime and Victims Act 2004 (c. 28) and amended by paragraph 144 of Schedule 24 to the Sentencing Act 2020."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "2003 c. 31; Schedule 2 was inserted by section 73(2) of the Serious Crime Act 2015 (c. 9)."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "2021 c. 17; section 34 is in force only partially."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "1999 c. 23."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "Section 16 was amended by section 98(1) and (2) of the Coroners and Justice Act 2009 (c. 25). Section 17 was amended by section 99(1) and (2) of the Coroners and Justice Act 2009, section 46(1) and (2) of the Modern Slavery Act 2015 (c. 30) and section 62(1) and (2) of the Domestic Abuse Act 2021 (c. 17) and by S.I. 2013/554."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/47/rule/9",
    "retrieved_at": "2026-10-28T21:07:13.958656+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}