Statutory Instruments
SUPREME COURT OF ENGLAND AND WALES
Made
27th May 1991
Laid before Parliament
10th June 1991
Coming into force
1st July 1991
1. These Rules may be cited as the Crown Court (Amendment) Rules 1991and shall come into force on 1st July 1991.
2. The Crown Court Rules 1982(3) shall be amended by the insertion after rule 29 of thefollowing rules:
30. Where a witness summons or order is issued or made by the Crown Court inaccordance with section 2(1) of the Criminal Justice (InternationalCo-operation) Act 1990 for service outside the United Kingdom it shallbe sent forthwith by the appropriate officer of the Crown Court to theSecretary of State with a view to its being served there in accordancewith arrangements made by the Secretary of State.
31.—(1) Notice of an application under section 3(1) of the Criminal Justice (International Co-operation) Act 1990 (overseas evidence for use in the United Kingdom) shall be given to the appropriate officer of the Crown Court and shall—
(a)be made in writing, save that the court may in exceptionalcircumstances dispense with the need for notice;
(b)state the particulars of the offence which it is alleged has beencommitted or the grounds upon which it is suspected that an offence hasbeen committed;
(c)state whether proceedings in respect of the offence have beeninstituted or the offence is being investigated;
(d)include particulars of the assistance requested in the form of adraft letter of request.
(2) The application may be heard ex parte.
(3) When hearing the application the court may, if it thinks it necessary inthe interests of justice, direct that the public be excluded from thecourt.
(4) The powers conferred on the Crown Court by paragraph (3) above shall be inaddition and without prejudice to any other powers of the court tohear proceedings in camera.
(5) Where in a case of urgency the CrownCourt sends a letter of request direct to any court or tribunal inaccordance with section 3(5) of the Criminal Justice (InternationalCo-operation) Act 1990, the appropriate officer of the Crown Court shallforthwith notify the Secretary of State of this and send with thenotification a copy of the letter of request.
32.—(1) Where the Crown Court receivesevidence in proceedings before a nominated court in pursuance of anotice under section 4(2) of the Criminal Justice (InternationalCo-operation) Act 1990 the court may, if it thinks it necessary in theinterests of justice, direct that the public be excluded from the court.
(2) The powers conferred on the Crown Court by paragraph (1) above shallbe in addition and without prejudice to any other powers of the court tohear proceedings in camera.
(3) Where the Crown Court receives evidencein proceedings mentioned in paragraph (1) above the appropriate officerof the Crown Court shall make a record of—
(a)which persons with an interest in the proceedings werepresent;
(b)which of the said persons were represented and by whom;
(c)whether any of the said persons were denied the opportunity ofcross-examining a witness as to any part of his testimony and thereasons for any such denial.
(4) When so requested by the Secretary ofState, the appropriate officer of the Crown Court shall send to him acopy of the record as mentioned in paragraph (3) above.
33.—(1) The following provisions of this ruleshall have effect for the purposes of applications under subsection(2) of section 15 of the Criminal Justice (International Co-operation) Act1990 (which provides for interest on sums unpaid under confiscationorders in drug trafficking cases).
(2) Notice of application undersubsection (2) of the said section 15 to increase the term ofimprisonment or detention fixed in default of payment of a confiscationorder by a person (“the defendant”) shall be made by the prosecutor in writing to the appropriateofficer of the Crown Court.
(3) A notice under paragraph (2) above shall—
(a)state the name and address of the defendant;
(b)specify the grounds for the application;
(c)give details of the enforcement measures taken, if any; and
(d)include a copy of the confiscation order.
(4) On receiving a notice under paragraph (2) above, the appropriate officer of the Crown Court shall—
(a)forthwith send to the defendant and the magistrates' courtrequired to enforce payment of the confiscation order under section32(1) of the Powers of Criminal Courts Act 1973(4), a copy of the said notice; and
(b)notify in writing the applicant and the defendant of the date, timeand place appointed for the hearing of the application.
(5) Where the Crown Court makes an order pursuant to an application mentionedin paragraph (1) above, the appropriate officer of the Crown Courtshall send forthwith a copy of the order—
(a)to the applicant;
(b)to the defendant;
(c)where the defendant is at the time of the making of the order incustody, to the person having custody of him; and
(d)to the magistrates' court mentioned in paragraph (4)(a) above.”.
Mackay of Clashfern, C.,
Lane, C.J.,
Russell, L.J.,
Rougier, J.,
J. A. Henham,
Michael McKenzie,
P. F. Guggenheim,
David Jeffreys,
M. D. L. Kalisher,
S. T. Hammond.
Dated 27th May 1991
(This note is not part of the Rules)
These Rules amend the Crown Court Rules 1982 to govern proceduresarising out of the provisions of the Criminal Justice (InternationalCo-operation) Act 1990 and the Drug Trafficking Offences Act 1986(c.32). Rule 30 provides for a witness summons or order issued undersection 2(1) of the 1990 Act (for service outside the United Kingdom) tobe sent to the Secretary of State for onward transmission. Rule 31governs the procedure to be followed where the Crown Court is to beasked to issue a letter of request under section 3 of the 1990 Act. Rule32 governs the procedure where the Crown Court has been nominated toreceive evidence under section 4(2) of the 1990 Act. Rule 33 containsprocedural provisions concerning an application under section 15(2) ofthe 1990 Act for the term of imprisonment or detention fixed in defaultof payment of a confiscation order under the 1986 Act to be increased totake account of interest on the unsatisfied order.