The Criminal Procedure Rules 2005

PART 2 UNDERSTANDING AND APPLYING THE RULES

Contents of this Part

When the Rules apply	rule 2.1
Definitions	rule 2.2
References to Acts of Parliament and to Statutory Instruments	rule 2.3
The glossary	rule 2.4

When the Rules apply

2.1.—(1) In general, the Criminal Procedure Rules apply—

(a) in all criminal cases in magistrates' courts and in the Crown Court; and

(b) in all cases in the criminal division of the Court of Appeal.

(2) If a rule applies only in one or two of those courts, the rule makes that clear.

(3) The Rules apply on and after 4th April, 2005, but do not affect any right or duty existing under the rules of court revoked by the coming into force of these Rules.

[Note. The rules replaced by these Rules are revoked when these Rules come into force by provisions of the Courts Act 2003(1), the Courts Act 2003 (Commencement No. 6 and Savings) Order 2004(2) and the Courts Act 2003 (Consequential Amendments) Order 2004(3). These Rules reproduce the substance of all the rules they replace.]

Definitions

2.2.—(1) In these Rules, unless the context makes it clear that something different is meant:

“court” means a tribunal with jurisdiction over criminal cases. It includes a judge, recorder, District Judge (Magistrates' Court's), lay justice and, when exercising their judicial powers, the Registrar of Criminal Appeals, a justices' clerk or assistant clerk;

“court officer” means the appropriate member of the staff of a court; and

“Practice Direction” means the Lord Chief Justice’s Consolidated Criminal Practice Direction, as amended.

(2) Definitions of some other expressions are in the rules in which they apply.

References to Acts of Parliament and to Statutory Instruments

2.3.  In these Rules, where a rule refers to an Act of Parliament or to subordinate legislation by title and year, subsequent references to that Act or to that legislation in the rule are shortened: so, for example, after a reference to the Criminal Procedure and Investigations Act 1996(4) that Act is called “the 1996 Act”; and after a reference to the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997(5) those Regulations are called “the 1997 Regulations”.

The glossary

2.4.  The glossary at the end of the Rules is a guide to the meaning of certain legal expressions used in them.

(1)

2003 c. 39.

(2)

S.I. 2004/2066.

(3)

S.I. 2004/2035.

(4)

1996 c. 25.

(5)

S.I. 1997/684.