The Criminal Procedure (Amendment No. 2) Rules 2021

Amendments to the Criminal Procedure Rules

11.  In Part 34 (Appeal to the Crown Court)—

(a) in rule 34.1 (When this Part applies)—

(i) omit paragraph (1)(a)(iii),

(ii) renumber paragraph (1)(a)(iv) as (1)(a)(iii),

(iii) after paragraph (1)(a)(iii), as thus renumbered, insert—

“(iv) paragraph 10 of Schedule 5, paragraph 6(11) or 21(6) of Schedule 7, or paragraph 10(11), 14(8) or 23(6) of Schedule 10 to the Sentencing Act 2020(1);”,

(iv) in paragraph (1)(d)(v), after “section 10” omit “(4) or (5)”,

(v) after paragraph (1)(d)(vi) insert—

“(vii) section 366(9) of the Sentencing Act 2020.”,

(vi) in the second paragraph of the note to the rule, for sub-paragraph (c) substitute—

“(c) under paragraph 10 of Schedule 5, paragraph 6(11) or 21(6) of Schedule 7, or paragraph 10(11), 14(8) or 23(6) of Schedule 10 to the Sentencing Act 2020, where the magistrates’ court—

(i) deals with the defendant for breach of a reparation order, a youth rehabilitation order or a community order,

(ii) except in some circumstances, amends a reparation order, or

(iii) except in some circumstances, deals with an application to revoke a reparation order or a community order;”, and

(vii) for the eleventh paragraph of the note to the rule substitute—

“Under section 10 of the Crime and Disorder Act 1998 or under section 366(9) of the Sentencing Act 2020, a person in respect of whom a magistrates’ court makes a parenting order may appeal against that order to the Crown Court.”; and

(b) in rule 34.2 (Service of appeal and respondent’s notices)—

(i) in paragraph (2)(b)(i), for “or the date sentence is deferred” substitute “the date sentence is deferred or the date of committal for sentence”, and

(ii) in the first paragraph of the note to the rule, for “section 1(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “sections 4 and 5 of the Sentencing Act 2020(2)”.

(1)

2020 c. 17.

(2)

2020 c. 17.