{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-17.8",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-17.8.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025",
  "path": "rule/17.8",
  "kind": "rule",
  "number": "17.8",
  "heading": "Taking a deposition in a magistrates’ court",
  "text": "(1) This rule applies where a witness attends or is brought before a magistrates’ court on a summons or warrant issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998—\n(a) to have evidence taken as a deposition; or\n(b) to produce a document or other exhibit.\n(2) The general rule is that the hearing must be in public but the court may exercise any power it has to—\n(a) impose a restriction on reporting what takes place, or public access;\n(b) withhold information from the public during the hearing; or\n(c) order a hearing in private.\n(3) The court must, in this sequence—\n(a) explain, in terms the witness can understand (with help, if necessary), that—\n(i) the court is required by law to take evidence for use by the prosecutor in the Crown Court,\n(ii) any document or other exhibit that the witness was required to produce by the summons or warrant to attend must be produced to the court unless there is a just excuse for not doing so,\n(iii) the prosecutor will ask questions that the witness must answer unless there is a just excuse for not doing so,\n(iv) the witness’ evidence will be recorded in writing in a document called a ‘deposition’ which will be read to the witness and which the witness will be asked to sign, and\n(v) if the witness refuses to produce a required document or other exhibit, or refuses to answer a question, without just excuse, then the court may commit the witness to custody and may impose a fine;\n(b) take possession of any document or other exhibit that the witness was required to produce by the summons or warrant to attend;\n(c) require the prosecutor to question the witness;\n(d) allow any legal representative of the witness who is present to question the witness;\n(e) as a general rule, allow a legal representative of the defendant, if present, to question the witness but only to the extent reasonably required to clarify the witness’ answer to a question asked by the prosecutor;\n(f) cause the witness’ evidence to be recorded in writing in a deposition;\n(g) in the event of refusal by the witness to produce a required document or other exhibit, or to answer a question—\n(i) ask the witness to explain why,\n(ii) consider the explanation,\n(iii) if satisfied that there is a just excuse for refusal, cause a record of that conclusion to be included in the deposition,\n(iv) if not so satisfied and the refusal is maintained, deal with the refusal at the end of the hearing; and\n(h) certify the accuracy of the deposition by—\n(i) inviting the witness to authenticate it, by any written or electronic means, and\n(ii) whether the witness agrees to do so or not, authenticating the deposition by any such means itself.\n(4) A justices’ legal adviser must assist the court by preparing the deposition, unless the court—\n(a) includes a District Judge (Magistrates’ Courts); and\n(b) otherwise directs.\n(5) The magistrates’ court officer must, as soon as practicable, make available to the Crown Court and serve on the prosecutor—\n(a) a copy of the deposition;\n(b) a copy of any document produced by the witness; and\n(c) a description of any object produced by the witness.\n[Note. For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003. See also rule 2.12 (Duties of justices’ legal adviser).]",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 17.8 in force at 6.10.2025, see Preamble"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1998 c. 37; paragraph 4 of Schedule 3 was amended by paragraphs 15, 20, 68 and 72 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), section 169 of the Serious Organised Crime and Police Act 2005 (c. 15), article 3 of, and paragraphs 35 and 37 of the Schedule to, S.I. 2004/2035 and article 2 of, and paragraph 61 of the Schedule to, S.I. 2005/886."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2003 c. 39; sections 28 and 29 were substituted by section 3 of, and paragraphs 25 and 26 of the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "word inserted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/909/rule/17.8",
    "retrieved_at": "2026-10-28T21:12:44.140935+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."
}