The Criminal Procedure (Amendment) Rules 2011

Citation, commencement and interpretation

1.  These Rules may be cited as The Criminal Procedure (Amendment) Rules 2011 and shall come into force on 2nd April 2012.

2.  In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in The Criminal Procedure Rules 2011(1).

Amendments to the Criminal Procedure Rules 2011

3.  In Part 2 (Understanding and applying the Rules)—

(a) in rule 2.1 (When the Rules apply), after paragraph (3) insert—

“(4) Rule 9.6, and the rules in Section 3 of Part 9 (Allocation and sending for trial), apply only where there have come into force the amendments made by Schedule 3 to the Criminal Justice Act 2003(2) (Allocation of cases triable either way, and sending cases to the Crown Court, etc.) which confer the powers to which those rules apply.”; and

(b) in rule 2.3 (References to Acts of Parliament and to Statutory Instruments)—

(i) for ‘The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997(3)’ substitute ‘The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011(4)’, and

(ii) for ‘the 1997 Regulations’ substitute ‘the 2011 Regulations’.

4.  In Part 3 (Case management)—

(a) in rule 3.5 (The court’s case management powers), for paragraph (2)(h) substitute—

“(h) require that issues in the case should be—

(i) identified in writing,

(ii) determined separately, and decide in what order they will be determined;”; and

(b) in the note at the end of the Part—

(i) under the heading ‘Criminal Procedure Rules’, omit the entry for rule 12.2, and

(ii) under the heading ‘Regulations’, for ‘The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997’ substitute ‘The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011’.

5.  In the note to rule 6.1 (When this Part applies), for the fourth paragraph substitute—

“Under section 8 of the Senior Courts Act 1981(5), a High Court judge, a Circuit judge, a Recorder, a qualifying judge advocate and a District Judge (Magistrates’ Courts) each may act as a Crown Court judge.”.

6.  In Part 9, insert the Part set out in the Schedule to these Rules.

7.  Omit Part 12 (Sending for trial).

8.  In paragraph (2) of rule 13.2 (Written notice of oral application for dismissal) and in paragraph (4) of rule 13.3 (Written application for dismissal), for ‘14 days’, in each place it occurs, substitute ‘28 days’.

9.  In the note to rule 16.1 (When this Part applies), for ‘paragraph 3 of Schedule 3 to the Crime and Disorder Act 1998(6) (sending for trial proceedings)’ substitute ‘section 52A of, and paragraph 3 of Schedule 3 to, the Crime and Disorder Act 1998(7) (allocation and sending for trial proceedings)’.

10.  In the note to rule 21.1 (When this Part applies), for ‘Part 12’ substitute ‘Part 9’.

11.  In rule 37.8 (Written guilty plea: special rules), for paragraph (4) substitute—

“(4) If the defendant does not withdraw the notice before the hearing date, then on or after that date—

(a) to establish the facts of the offence and other information about the defendant, the court may take account only of the material and any representations served under this rule (and rule 37.10(3) to (9) inclusive must be read accordingly);

(b) unless the court otherwise directs, the prosecutor need not attend; and

(c) the court may accept such a guilty plea and pass sentence in the defendant’s absence.”.

12.  In Part 50 (Civil behaviour orders after verdict or finding)—

(a) in rule 50.2 (Behaviour orders: general rules), for paragraph (1)(a) substitute—

“(a) to consider—

(i) what order is proposed and why, and

(ii) the evidence in support;”; and

(b) for rule 50.4 (Evidence to assist the court: special rules), substitute—

“50.4.— (1) This rule applies where the court can make on its own initiative—

(a) a football banning order;

(b) a restraining order;

(c) an anti-social behaviour order; or

(d) a drinking banning order.

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

(a) serve notice in writing on—

(i) the court officer, and

(ii) every other party,

as soon as practicable (without waiting for the verdict);

(b) in the notice, identify that evidence; and

(c) attach any written statement containing such evidence.”.

13.  In Part 57 (Proceeds of Crime Act 2002: rules applicable to all proceedings)—

(a) in the table of contents, omit the entry for rule 57.12 (Service by an alternative method);

(b) in rule 57.1 (Interpretation), omit the definition of business day;

(c) in rule 57.11 (Service of documents)—

(i) in paragraph (1), omit ‘Part 4 and’,

(ii) omit paragraphs (2) and (3), and

(iii) in paragraph (4), for ‘this rule’ substitute ‘Part 4 of these Rules’;

(d) omit rule 57.12 (Service by an alternative method); and

(e) in rule 57.14 (Certificates of service), in paragraph (2)(c), for ‘57.12’ substitute ‘4.9’.

14.  In rule 58.12 (Payment of money in bank or building society account in satisfaction of confiscation order), omit paragraphs (2) and (3).

15.  In rule 62.9 (Initial procedure on failure to comply with court order, etc.), in paragraph (1)(a)(i), for ‘a restraint order’ substitute ‘restraint order or ancillary order’.

16.  In rule 63.10 (Constitution of the Crown Court)—

(a) in paragraph (a)(i), for ‘or a Recorder’ substitute ‘, a Recorder or a qualifying judge advocate’; and

(b) at the end of the note to the rule, add—

“Under section 8(1A) of the Senior Courts Act 1981(8), a qualifying judge advocate may not exercise the jurisdiction of the Crown Court on an appeal from a youth court.”.

17.  In the note to rule 69.1 (When this Part applies), for the second paragraph substitute—

“See also Part 16 (Reporting, etc. restrictions) and Part 29 (Measures to assist a witness or defendant to give evidence).”.

18.  From the Glossary at the end of The Criminal Procedure Rules 2011, omit the entries for ‘advance information’, ‘complaint’, ‘evidence in chief’ and ‘in camera’.

19.  In the Arrangement of Rules contained in The Criminal Procedure Rules 2011—

(a) in the entry for Part 9, insert ‘Allocation and sending for trial’; and

(b) omit the entry for Part 12 (Sending for trial).

Judge, C.J.

Hooper, L.J.

Thomas, P.

Openshaw, J.

Charles Wide

Anna Guggenheim

Stephen Earl

Nicholas Moss

Tessa Szagun

Keir Starmer

Patrick Gibbs

Nathaniel Rudolf

Michael Caplan

Paul Harris

James Barker-McCardle

Jeremy Corbett

James Riches

I allow these Rules, which shall come into force on 2nd April 2012.

Kenneth Clarke

Lord Chancellor

20th December 2011