{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-3.39/enacted",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-3.39/enacted.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025/enacted",
  "path": "rule/3.39",
  "kind": "rule",
  "number": "3.39",
  "heading": "Representations in response",
  "text": "(1) This rule applies where a party wants to make representations about an application for a live link direction or for the variation or rescission of such a direction.\n(2) Such a party must—\n(a) serve the representations on—\n(i) the court officer, and\n(ii) each other party;\n(b) do so not more than 10 business days after service of the application; and\n(c) ask for a hearing, if that party wants one, and explain why it is needed.\n(3) Representations must explain why it is not in the interests of justice for the direction to be given, varied or rescinded, as the case may be.\nOther provisions affecting case management\nCase management may be affected by the following other rules and legislation:\nCriminal Procedure Rules\nPart 8 Initial details of the prosecution case\nPart 9 Allocation and sending for trial\nPart 10 The indictment\nPart 15 Disclosure\nParts 16 – 23: the rules that deal with evidence\nPart 24 Trial and sentence in a magistrates’ court\nPart 25 Trial and sentence in the Crown Court\nRegulations\nThe Prosecution of Offences (Custody Time Limits) Regulations 1987\nThe Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005\nThe Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011\nActs of Parliament\nSections 10 and 18, Magistrates’ Courts Act 1980: powers to adjourn hearings\nSections 128 and 129, Magistrates’ Courts Act 1980: remand in custody by magistrates’ courts\nSections 19 and 24A, Magistrates’ Courts Act 1980 and sections 51 and 51A, Crime and Disorder Act 1998: allocation and sending for trial\nSection 2, Administration of Justice (Miscellaneous Provisions) Act 1933: procedural conditions for trial in the Crown Court\nSections 8A and 8B, Magistrates’ Courts Act 1980: pre-trial hearings in magistrates’ courts\nSection 7, Criminal Justice Act 1987; Parts III and IV, Criminal Procedure and Investigations Act 1996: pre-trial and preparatory hearings in the Crown Court\nSection 9, Criminal Justice Act 1967: proof by written witness statement\nPart 1, Criminal Procedure and Investigations Act 1996: disclosure.]",
  "extent": "E+W",
  "status": null,
  "version": "enacted",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 3.39 in force at 6.10.2025, see Preamble"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1987/299; amended by sections 71 and 80 of, and paragraph 8 of Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25) and S.I. 1989/767, 1991/1515, 1995/555, 1999/2744, 2000/3284, 2012/1344."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 2005/902; amended by S.I. 2012/1345."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 2011/209."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1980 c. 43; section 10 was amended by section 59 of, and paragraph 1 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53) and section 47 of the Crime and Disorder Act 1998 (c. 37). Section 18 was amended by section 59 of, and paragraph 1 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53), section 49 of the Criminal Procedure and Investigations Act 1996 (c. 25), and paragraphs 1 and 4 of Schedule 3 to the Criminal Justice Act 2003 (c. 44)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1980 c. 43; section 128 was amended by section 59 to, and paragraphs 2, 3 and 4 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48), section 48 of the Police and Criminal Evidence Act 1984 (c. 60), section 170(1) of, and paragraphs 65 and 69 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), section 125(3) of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 1990 (c. 41), sections 49, 52 and 80 of, and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25), paragraph 75 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) and paragraph 51 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44). It is modified by section 91(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). Section 129 was amended by paragraph 51 of Schedule 3 to the Criminal Justice Act 2003 (c. 44)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1980 c. 43; section 19 was substituted by paragraphs 1 and 5 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and amended by sections 144, 177 and 178 of, and paragraph 4 of Schedule 17, paragraph 80 of Schedule 21 and Part 5 of Schedule 23 to, the Coroners and Justice Act 2009 (c. 25)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "1998 c. 37; section 51 was substituted by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and amended by section 59 of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4). Section 51A was inserted by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and amended by section 49 of, and paragraph 5 of Schedule 1 to, the Violent Crime Reduction Act 2006 (c. 38) and paragraph 6 of Schedule 21 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "1933 c. 36; section 2 was amended by Part IV of Schedule 11 to, the Courts Act 1971 (c. 23), Schedule 5 to, the Senior Courts Act 1981 (c. 54), Schedule 2 to the Prosecution of Offences Act 1985 (c. 23), paragraph 1 of Schedule 2 to the Criminal Justice Act 1987 (c. 38), paragraph 10 of Schedule 15 to the Criminal Justice Act 1988 (c. 33), paragraph 8 of Schedule 6 to the Criminal Justice Act 1991 (c. 53), Schedule 1 to the Statute Law (Repeals) Act 1993 (c. 50), paragraph 17 of Schedule 1 to the Criminal Procedure and Investigations Act 1996 (c. 25), paragraph 5 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37), paragraph 34 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), paragraph 1 of the Schedule to S.I. 2004/2035, section 12 of, and paragraph 7 of Schedule 1 to, the Constitutional Reform Act 2005 (c. 4), sections 116 and 178 of, and Part 3 of Schedule 23 to, the Coroners and Justice Act 2009 (c. 25), paragraph 32 of Schedule 17 to the Crime and Courts Act 2013 (c. 22) and section 82 of the Deregulation Act 2015 (c. 20)."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "1980 c. 43; section 8A was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39) and amended by S.I. 2006/2493 and paragraphs 12 and 14 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). Section 8B was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39) and amended by paragraph 51 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44)."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "1987 c. 38; section 7 was amended by section 168(1) of, and paragraph 30 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 80 of, and paragraph 2 of Schedule 3 and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25) and sections 45 and 310 of, and paragraphs 52 and 53 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44). The amendment made by section 45 of the Criminal Justice Act 2003 (c. 44) is in force for certain purposes; for remaining purposes it has effect from a date to be appointed."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "1967 c. 80; section 9 was amended by section 56 of, and paragraph 49 of Schedule 8 to, the Courts Act 1971 (c. 23), section 168 of, and paragraph 6 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 69 of the Criminal Procedure and Investigations Act 1996 (c. 25), regulation 9 of, and paragraph 4 of Schedule 5 to, S.I. 2001/1090, paragraph 43 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), section 26 of, and paragraph 7 of Schedule 2 to, the Armed Forces Act 2011 (c. 18) and section 80 of the Deregulation Act 2015 (c. 20). It is further amended by section 72 of, and paragraph 55 of Schedule 5 to, the Children and Young Persons Act 1969 (c. 54) and section 65 of, and paragraph 1 of Schedule 4 to, the Courts Act 2003 (c. 39), with effect from dates to be appointed."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "1996 c. 25."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/909/rule/3.39",
    "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."
}