Made | 9th February 2006 | ||
Laid before Parliament | 15th February 2006 | ||
Coming into force | 3rd April 2006 |
4.
In the note after rule 4.3 (service of documents in Crown Court proceedings), for "15.8", substitute "15.6".
5.
For Part 15 (preparatory hearings in cases of serious fraud and other complex or lengthy cases in the Crown Court), substitute the Part as set out in Schedule 1 to these Rules.
6.
For Part 18 (warrants), substitute the Part as set out in Schedule 2 to these Rules.
7.
In rule 34.1 (hearsay evidence: when this Part applies)—
8.
In the note after rule 34.1, after "on certain conditions.", insert "This Part applies only to evidence that is admissible on one or more of the following grounds set out in the 2003 Act[7], namely where (a) it is in the interests of justice for it to be admissible (see section 114(1)(d)), (b) the witness is unavailable to attend (see section 116), (c) the evidence is contained in a business, or other, document (see section 117) or (d) the evidence is multiple hearsay (see section 121).".
9.
In Part 35—
(b) in rule 35.6 (time limit for defendant's application to exclude evidence of his own bad character) for "7", substitute "14".
10.
In Part 39 (trial on indictment)—
11.
In Part 41 (retrial following acquittal for serious offence), in the table of contents, in the entry for rule 41.12, after "Court", omit "Service".
12.
In Part 57 (Proceeds of Crime Act 2002—rules applicable to all proceedings)—
(b) after rule 57.14, insert—
Article of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 | Section of the Proceeds of Crime Act 2002 |
B3 | 41 |
B4 | 42 |
B5 | 43 |
B6 | 44 |
B10 | 48 |
B11 | 49 |
B12 | 58 |
B18 | 31 |
B22 | 50 |
B24 | 51 |
B25 | 52 |
B26 | 53 |
B29 | 55 |
B31 | 57 |
B36 | 62 |
B37 | 63 |
B39 | 65 |
B40 | 66". |
13.
In Part 65 (appeal to the Court of Appeal against ruling in preparatory hearing)—
(b) after rule 65.10, insert—
14.
In Part 66 (appeal to the Court of Appeal against ruling adverse to prosecution)—
(d) in the heading to rule 66.14 (notice of hearing and determination of the Court of Appeal), for "of Appeal", substitute ", single judge or Registrar";
(e) for rule 66.14(2), substitute—
(f) after rule 66.14(3), insert—
15.
In Part 68 (appeal to the Court of Appeal against conviction or sentence), in the table of contents, in the entry for rule 68.12, omit "at trial".
16.
In rule 68.1(3) (service of documents: interpretation), for the words from "an appellant" (in the second place it appears) to the end of that paragraph, substitute—
17.
In rule 68.3 (notice of appeal and application for extension of time)—
(b) after paragraph (1), insert—(1A) Notice of an application for leave to appeal under paragraph 14 of Schedule 22 to the Criminal Justice Act 2003[18] shall be given by completing the form set out in the Practice Direction and serving it on the Registrar.”;
(c) in paragraph (7), for "under Part I of the 1968 Act be given", substitute—
(d) in paragraph (8), for "under Part I of the 1968 Act be given", substitute—
18.
In rule 68.5 (exercise of court's power to give leave to appeal, etc: general rules)—
(b) in paragraph (4)—
19.
In rule 68.6 (further applications to a judge or to the court: additional rules)—
(b) in paragraph (2)(a), after "the 1968 Act", insert "or article 8 of the 2005 Order".
20.
In the heading to rule 68.12 (record of proceedings), omit "at trial".
21.
In rule 68.14 (verification of record of proceedings), in the following paragraphs, after "or part thereof", omit "before the court of trial"—
22.
In the note after rule 68.20 (procedure for the admission of hearsay evidence), for the words from ""Statements"" to "of that Act", substitute "Part 34 applies only to evidence that is admissible on one or more of the following grounds set out in the Criminal Justice Act 2003[22], namely where (a) it is in the interests of justice for it to be admissible (see section 114(1)(d)), (b) the witness is unavailable to attend (see section 116), (c) the evidence is contained in a business, or other, document (see section 117) or (d) the evidence is multiple hearsay (see section 121).".
23.
In rule 68.22(1) (abandonment of proceedings), after "the Criminal Appeal Act 1968", insert "or under paragraph 14 of Schedule 22 to the Criminal Justice Act 2003".
24.
In rule 68.29(1) (notice of determination of court), after "the Criminal Appeal Act 1968", insert "or under article 8 of the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005".
25.
In rule 74.1 (application for leave to appeal from the Criminal Division of the Court of Appeal to the House of Lords)—
(b) in paragraph (4), after "the 1960 Act" insert, ", or Part 3 of the 2005 Order"; and
(c) in paragraph (8), after "the 1960 Act" insert, "or under the 2005 Order".
Phillips of Worth Matravers, C.J.
Sir Igor Judge
Hooper, L.J.
Openshaw, J.
Charles Wide
Roderick Denyer
Anthony Evans
Brenda Large
Andrew Mimmack
David Fisher
Tom Little
Graham White
Derek French
Martin Baker
Mark Harris
James Riches
I allow these Rules, which shall come into force on 3rd April 2006.
Falconer of Thoroton,C.
Date 16th January 2006
I concur.
Charles Clarke
One of Her Majesty's Principal Secretaries of State
Date 9th February 2006
Contents of this Part | |
Application for a preparatory hearing | rule 15.1 |
Time for applying for a preparatory hearing | rule 15.2 |
Representations concerning an application | rule 15.3 |
Determination of an application | rule 15.4 |
Orders for disclosure by prosecution or defence | rule 15.5 |
Service | rule 15.6 |
(2) A prosecutor who wants the court to order that the trial will be conducted without a jury under section 43 or section 44 of the Criminal Justice Act 2003[27] must apply under this rule for a preparatory hearing, whether or not the defendant has applied for one.
[Note. The rules in this Part derive in part from rules formerly in the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997[28] and the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997[29]. See also sections 7 to 9A of the Criminal Justice Act 1987 (cases of serious or complex fraud) and sections 29 to 32 of the Criminal Procedure and Investigations Act 1996 (other complex, serious or lengthy cases).
For the provisions governing applications for the trial to be conducted without a jury, see sections 43 to 48 of the Criminal Justice Act 2003 (trials without a jury in serious or complex fraud cases or where there is a danger of jury tampering). For the rules governing an appeal under section 47 of that Act, see rule 65.11 (appeal against order following discharge of jury because of jury tampering).]
Time for applying for a preparatory hearing
15.2.
—(1) A party who applies under rule 15.1 must do so not more than 28 days after—
(2) A prosecutor who applies under rule 15.1 because he wants the court to order a trial without a jury under section 44 of the Criminal Justice Act 2003 (jury tampering) must do so as soon as reasonably practicable where the reasons do not arise until after that time limit has expired.
(3) The court may extend the time limit, even after it has expired.
[Note. A notice of transfer may be served under section 4 of the Criminal Justice Act 1987 (serious or complex fraud cases), or under section 53 of the Criminal Justice Act 1991[30] (certain cases involving children).
A person is sent for trial under section 51 of the Crime and Disorder Act 1998[31] (indictable-only offences sent for trial) or (so far as it is in force) under section 51A of the Crime and Disorder Act 1998 (certain cases involving children). As to the service of prosecution evidence in such a case, see paragraph 1 of Schedule 3 to the 1998 Act and the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005[32].]
Representations concerning an application
15.3.
—(1) A party who wants to make written representations concerning an application made under rule 15.1 must—
(2) A defendant who wants to oppose an application for an order that the trial will be conducted without a jury under section 43 or section 44 of the Criminal Justice Act 2003 must serve written representations under this rule, including a short explanation of the reasons for opposing that application.
[Note. The grounds on which a judge may allow or refuse an application for an order that the trial will be conducted without a jury under section 43 or 44 of the Criminal Justice Act 2003 are set out in those sections of that Act.]
Determination of an application
15.4.
—(1) Where an application has been made under rule 15.1(2), the court must hold a preparatory hearing for the purpose of determining whether to make an order that the trial will be conducted without a jury under section 43 or section 44 of the Criminal Justice Act 2003.
(2) Other applications made under rule 15.1 should normally be determined without a hearing.
(3) The court officer must serve on the parties in the case, in the form set out in the Practice Direction—
[Note. Section 45 of the Criminal Justice Act 2003 provides that an application by the prosecution for an order that the trial will be conducted without a jury must be determined at a preparatory hearing and the parties to the preparatory hearing must be given an opportunity to make representations with respect to that application.]
Orders for disclosure by prosecution or defence
15.5.
—(1) Any disclosure order under section 9 of the Criminal Justice Act 1987, or section 31 of the Criminal Procedure and Investigations Act 1996, must identify any documents that are required to be prepared and served by the prosecutor under that order.
(2) A disclosure order under either of those sections does not require a defendant to disclose who will give evidence, except to the extent that disclosure is required—
(3) The court officer must serve notice of the order, in the relevant form set out in the Practice Direction, on the parties.
[Note. Under section 9(4) of the Criminal Justice Act 1987 or section 31(4) of the Criminal Procedure and Investigations Act 1996, the judge can require the prosecution to set out its case in a written statement, to arrange its evidence in a form that will be easiest for the jury to understand, to prepare a list of agreed facts, and to amend the case statement as directed by the judge following representations from the defence.
Under section 9(5) of the 1987 Act or section 31(6), (7) and (9) of the 1996 Act, the judge can require the defence to give notice of any objection to the prosecution case statement, to give notice stating the extent of agreement with the prosecution as to documents and other matters and the reason for any disagreement.]
Service
15.6.
—(1) For the purposes of this Part, a notice or document may be served on any person by any of the following methods—
(c) by fax or other electronic means, but only if the person has agreed to accept service by that method;
(d) where the person or their solicitor has given a number of a box at a document exchange and has not indicated that they are unwilling to accept service through a document exchange, by leaving it at the document exchange addressed to the box number.
(2) Where a document or notice is served under this Part by any method other than personal service it is deemed to be served—
(d) if left at a document exchange, on the second business day after the day on which it was left.
(3) In this rule, "business day" means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday."
Contents of this Part | |
Scope of this Part and interpretation | rule 18.1 |
Warrants must be signed | rule 18.2 |
Warrants issued when the court office is closed | rule 18.3 |
Commitment to custody must be by warrant | rule 18.4 |
Terms of a warrant of arrest | rule 18.5 |
Terms of a warrant of commitment or detention: general rules | rule 18.6 |
Terms of a warrant committing a person to customs detention | rule 18.7 |
Form of warrant where male aged 15 or 16 is committed | rule 18.8 |
Information to be included in a warrant | rule 18.9 |
Persons who may execute a warrant | rule 18.10 |
Making an arrest under a warrant | rule 18.11 |
Place of detention | rule 18.12 |
Duration of detention where bail is subject to pre-release conditions | rule 18.13 |
Validity of warrants that contain errors | rule 18.14 |
Circumstances in which a warrant will cease to have effect | rule 18.15 |
Warrant endorsed for bail (record to be kept) | rule 18.16 |
(2) In this rule, the court office is the office for the local justice area in which the justice is acting when he issues the warrant.
Commitment to custody must be by warrant
18.4.
A justice of the peace must issue a warrant of commitment when committing a person to—
Terms of a warrant of arrest
18.5.
A warrant of arrest must require the persons to whom it is directed to arrest the relevant person.
Terms of a warrant of commitment or detention: general rules
18.6.
—(1) A warrant of commitment or detention must require—
(b) the governor or keeper to keep the relevant person in custody at that prison or place—
(2) Where the justice issuing a warrant of commitment or detention is aware that the relevant person is already detained in a prison or other place of detention, the warrant must be delivered to the governor or keeper of that prison or place.
[Note. Rule 18.6(1) does not apply to a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988; see rule 18.7(2). Where rule 18.12 applies (place of detention), the relevant person may be taken to a prison or other place which is not specified in the warrant.]
Terms of a warrant committing a person to customs detention
18.7.
—(1) A warrant committing a person to customs detention under section 152 of the 1988 Act must—
(2) Rules 18.6(1), 18.10 and 18.12 do not apply where this rule applies.
Form of warrant where male aged 15 or 16 is committed
18.8.
—(1) This rule applies where a male aged 15 or 16 years is remanded or committed to—
(2) The court must include in the warrant of commitment a statement of any declaration that is required in connection with that remand or committal.
[Note. Section 23(4) of the Children and Young Persons Act 1969[36], as modified by section 98 of the Crime and Disorder Act 1998[37], allows a magistrates' court to remand or commit a boy, aged 15 or 16, to local authority secure accommodation, a remand centre or a prison in order to protect the public from serious harm. Section 23(4) of the 1969 Act requires the court to declare that the boy is one to whom section 23(5) of that Act, as modified by section 98(3) of the 1998 Act, applies (e.g. violent or sexual offence, history of absconding etc.).]
Information to be included in a warrant
18.9.
A warrant of arrest, commitment or detention must contain the following information—
Persons who may execute a warrant
18.10.
A warrant of arrest, commitment or detention may be executed by—
[Note. This rule does not apply to a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988[39]; see rule 18.7(2).]
Making an arrest under a warrant
18.11.
—(1) The person executing a warrant of arrest, commitment or detention must, when arresting the relevant person—
(b) explain, in ordinary language, the charge and the reason for the arrest; and
(c) (unless he is a constable in uniform) show documentary proof of his identity.
(2) If the person executing the warrant is one of the persons referred to in rule 18.10(b)(ii) (civilian enforcement officers or approved enforcement agencies), he must also show the relevant person a written statement under section 125A(4) or section 125B(4) of the Magistrates' Courts Act 1980, as appropriate.
Place of detention
18.12.
—(1) This rule applies to any warrant of commitment or detention.
(2) The person executing the warrant is required to take the relevant person to the prison or place of detention specified in the warrant.
(3) But where it is not immediately practicable to do so, or where there is some other good reason, the relevant person may be taken to any prison or place where he may be lawfully detained until such time when he can be taken to the prison or place specified in the warrant.
(4) If (and for as long as) the relevant person is detained in a place other than the one specified in the warrant, the warrant will have effect as if it specified the place where he is in fact being detained.
(5) The court must be kept informed of the prison or place where the relevant person is in fact being detained.
(6) The governor or keeper of the prison or place, to which the relevant person is delivered, must give a receipt on delivery.
[Note. This rule does not apply to a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988[40]; see rule 18.7(2).]
Duration of detention where bail is granted subject to pre-release conditions
18.13.
—(1) This rule applies where a magistrates' court—
(2) The warrant of commitment must require the governor or keeper of the prison or place of detention to bring the relevant person to court either before or at the end of a period of 8 clear days from the date the warrant was issued, unless section 128(3A) or section 128A of the Magistrates' Courts Act 1980 applies to permit a longer period.
Validity of warrants that contain errors
18.14.
A warrant of commitment or detention will not be invalidated on the ground that it contains an error, provided that the warrant—
(b) it states that it is issued in relation to that conviction or order.
[Note. Section 123 of the Magistrates' Courts Act 1980 applies in relation to any error in a warrant of arrest that is issued for the purpose of securing a person's attendance at court.]
Circumstances in which a warrant will cease to have effect
18.15.
—(1) A warrant issued under any of the provisions listed in paragraph (2) will cease to have effect when—
is produced to the person who is executing the warrant.
(2) Those provisions are—
(3) No person may execute, or continue to execute, a warrant that ceases to have effect under this rule.
Warrant endorsed for bail (record to be kept)
18.16.
A person executing a warrant of arrest that is endorsed for bail under section 117 of the Magistrates' Courts Act 1980 must—
(b) after making the record—
In addition, the following amendments are made:
The opportunity has been taken to correct some typographical errors in the Rules and to bring up to date references to other legislation.
[2] 1974 c. 23; section 9(3) was amended by the Courts Act 2003 (c. 39), Schedule 8, paragraph 172(a) and by the Criminal Justice Act 2003 (c. 44), Schedule 33, paragraphs 1 and 6.back
[4] S.I. 2000/3305, revoked by S.I. 2005/902.back
[5] S.I. 2005/902, which revokes S.I. 2000/3305.back
[6] 1998 c. 37; section 51A was inserted by the Criminal Justice Act 2003 (c. 44), Schedule 3, Part 1, paragraphs 15 and 18. It was commenced in part on 4th April 2005 by S.I. 2005/950, article 2(1), Schedule 1, paragraph 29.back
[7] Criminal Justice Act 2003 (c. 44).back
[8] 1996 (c. 25); section 3 was amended by the Regulation of Investigatory Powers Act 2000 (c. 23), Schedule 4, paragraph 7(1) and by the Criminal Justice Act 2003 (c. 44), section 32 and Schedule 36, Part 3, paragraphs 20 and 21.back
[10] S.I. 1982/1109; relevant amendments were made by S.I. 1988/2131.back
[13] 2003 (c. 44); section 47 will take effect on a date to be appointed.back
[14] 1960 (c. 65); section 13 was amended by the Courts Act 1971 (c. 23), section 56(1) and Schedule 8, Part II, paragraph 40(1) and by the Access to Justice Act 1999 (c. 22), sections 64 and 106 and Schedule 15, Part III.back
[15] 1988 (c. 33); section 159 was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 61(6).back
[16] 2003 (c. 44); paragraph 14 of Schedule 22 is amended by the Constitutional Reform Act 2005 (c. 4), Schedule 9, Part 1, paragraph 82(1), (6) and Schedule 11, Part 1, paragraph 1(2), with effect from a date to be appointed.back
[17] 1968 (c. 19); section 8 was amended by the Courts Act 1971 (c. 23), section 56 and Schedule 11, Part IV and by the Criminal Justice Act 1988 (c. 33), section 43(3) and (4).back
[18] 2003 (c. 44); paragraph 14 of Schedule 22 is amended by the Constitutional Reform Act 2005 (c. 4), Schedule 9, Part 1, paragraph 82(1), (6) and Schedule 11, Part 1, paragraph 1(2), with effect from a date to be appointed.back
[19] Criminal Appeal Act 1968 (c. 19).back
[26] 1996 (c. 25); section 29(4) is amended by section 45 of the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.back
[27] 2003 (c. 44); sections 43 and 44 will take effect on a date to be appointed.back
[30] 1991 (c. 53); section 53 was amended by the Criminal Justice and Public Order Act 1994 (c. 33), Schedule 9, paragraph 49 and by the Crime and Disorder Act 1998 (c. 37), Schedule 8, paragraph 93. It is repealed by the Criminal Justice Act 2003 (c. 44), Schedule 37, Part 4, with effect from a date to be appointed.back
[31] 1998 (c. 37); section 51 is substituted by the Criminal Justice Act 2003 (c. 44), Schedule 3, paragraphs 15 and 18 and that amendment is in force for certain purposes; S.I. 2000/3283.back
[33] 1984 (c. 60); section 15 is amended by the Serious Organised Crime and Police Act 2005 (c. 15), section 113(1) and (5) to (8) and section 114(1) and (3) to (7), with effect from a date to be appointed. Section 16 was amended by the Courts Act 2003 (c. 39), Schedule 8, paragraph 281 and by the Criminal Justice Act 2003 (c.44), section 2. It is further amended by the Serious Organised Crime and Police Act 2005 (c. 15), section 113(1) and (9) and section 114(1) and (8), with effect from a date to be appointed.back
[35] 1988 (c. 33); section 152 was amended by the Proceeds of Crime Act 2002 (c. 29), Schedule 11, paragraphs 1 and 17(1) and (6) and is further amended by the Drugs Act 2005 (c. 17), section 8, with effect from a date to be appointed.back
[36] 1969 (c. 54); section 23(4) was amended by the Crime and Disorder Act 1998 (c. 37), section 97(1) and by the Extradition Act 2003 (c. 41), section 201(1) and (4).back
[37] 1998 (c. 37); section 98 was amended by the Access to Justice Act 1999 (c. 22), Schedule 4, paragraph 7, by the Criminal Justice and Court Services Act 2000 (c. 43), Schedule 7, paragraphs 38 and 39 and Schedule 8 and by the Children Act 2004 (c. 31), Schedule 5, Part 4.back
[38] 1980 (c. 43); section 125A was inserted by the Access to Justice Act 1999 (c. 22), section 92. Section 125B was inserted by the Access to Justice Act 1999, section 93(2) and amended by the Courts Act 2003 (c. 39), Schedule 8, paragraph 239.back
[39] 1988 (c. 33); section 152 was amended by the Proceeds of Crime Act 2002 (c. 29), Schedule 11, paragraphs 1 and 17(1) and (6) and is further amended by the Drugs Act 2005 (c. 17), section 8, with effect from a date to be appointed.back
[40] 1988 (c. 33); section 152 was amended by the Proceeds of Crime Act 2002 (c. 29), Schedule 11, paragraphs 1 and 17(1) and (6) and is further amended by the Drugs Act 2005 (c. 17), section 8, with effect from a date to be appointed.back
[41] 2003 (c. 44); sections 43 and 44 will take effect from a date to be appointed.back
[42] S.I. 1982/1109; relevant amendments made by S.I. 1988/2131.back
[45] 1996 (c. 25); section 3 was amended by the Regulation of Investigatory Powers Act 2000 (c. 23), Schedule 4, paragraph 7(1) and by the Criminal Justice Act 2003 (c. 44), section 32 and Schedule 36, Part 3, paragraphs 20 and 21.back