# The Criminal Procedure Rules 2025, Rule 7.5: Notice of defendant in custody

Extent: E+W

(1) This rule and rule 7.6 (Arrangements for court to receive defendant in custody) apply where—
(a) a defendant in custody must be brought before a court—
(i) under section 46 of the Police and Criminal Evidence Act 1984 (Detention after charge), or
(ii) after arrest on a warrant issued under section 1 of the Magistrates’ Courts Act 1980 (Issue of summons to accused or warrant for his arrest); and
(b) a police custody officer so notifies the court officer.
(2) The police custody officer must provide the court officer with—
(a) the defendant’s name and date of birth;
(b) the offence charged and confirmation of the date and time of charge;
(c) confirmation that the information required by rule 8.3 (Content of initial details) is available and will be served before the defendant’s case is heard;
(d) confirmation that the prosecutor has been notified;
(e) confirmation that the following have been notified and are available—
(i) any interpreter required,
(ii) the defendant’s legal representative, if any, and
(iii) any local or other authority, including any youth offending team, responsible for the defendant’s care or welfare;
(f) the police custody officer’s proposal for the means by which the defendant will be brought before the court, either by live link or in person, and—
(i) if the proposal is for the defendant to attend court by live link, details of any material circumstance listed in rule 3.35 (Live link direction: exercise of court’s powers), or
(ii) if the proposal is for the defendant to attend court in person, the identity of the authority responsible for transporting the defendant and the expected time of arrival; and
(g) details of any disability or other vulnerability of the defendant of which the police custody officer is aware and which is not apparent from other information supplied.
[Note. Under section 46 of the Police and Criminal Evidence Act 1984 a defendant who is charged with an offence and, after being charged, is kept in police or local authority detention must be brought before a magistrates’ court as soon as is practicable that day, or the next day which is not Christmas Day, Good Friday or a Sunday.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/7.5 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-7.5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

