Rule 31.4 Evidence to assist the court: special rulesF1

England and Wales

(1)

A party who wants the court to take account of evidence not already introduced must—

(a)

as soon as practicable, serve notice on—

(i)

the court officer, and

(ii)

every other party;

(b)

in the notice, identify that evidence; and

(c)

attach any written statement containing such evidence.

(2)

Paragraph (3) applies where the court can make—

(a)

a criminal behaviour order;

(b)

a prohibition order; F2...

(c)

a domestic abuse protection order F3; or

(F4d)

a child criminal exploitation prevention order.

(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—

(a)

serve notice that the witness is eligible for assistance under section 16 or section 17 of the 1999 Act on—

(i)

the court officer, and

(ii)

every other party; and

(b)

provide any information, including the witness’ own views, that the court may need to decide—

(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

(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.

[Note. If a party relies on hearsay evidence, see also rules 31.6, 31.7, and 31.8.

The court can give a special measures direction under the Youth Justice and Criminal Evidence Act 1999—

(a)

on an application for a criminal behaviour order, under section 340 of the Sentencing Act 2020; and

(b)

in proceedings for—

(i)

a prohibition order, under section 33 of the Psychoactive Substances Act 2016, F5...

(ii)

a domestic abuse protection order, under section 49 of the Domestic Abuse Act 2021 F6, or]

(F7iii)

a child criminal exploitation prevention order, under section 358I of the 2020 Actor under section 61 of the Crime and Policing Act 2026.

Annotations

Textual amendments

F1: Rule 31.4 substituted (6.4.2026) by The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 9(d)
F2: Word in rule 31.4(2)(b) omitted (5.10.2026) by virtue of The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 14(c)(i)(aa)
F3: Word in rule 31.4(2)(c) inserted (5.10.2026) by The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 14(c)(i)(bb)
F4: Rule 31.4(2)(d) inserted (5.10.2026) by The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 14(c)(i)(cc)
F5: Word in rule 31.4 Note omitted (5.10.2026) by virtue of The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 14(c)(ii)(aa)
F6: Word in rule 31.4 Note inserted (5.10.2026) by The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 14(c)(ii)(bb)
F7: Words in rule 31.4 Note inserted (5.10.2026) by The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 14(c)(ii)(cc)