The Criminal Procedure (Amendment) Rules 2008

Explanatory Note

(This note is not part of the Rules)

These Rules add the following new provisions to the Criminal Procedure Rules 2005:

• a new Part 7 (Starting a prosecution in a magistrates' court), in substitution for the existing Part 7 (Commencing proceedings in a magistrates' court). The new Part 7 rules revise and simplify the present rules. They apply as described in rule 3, to criminal cases in magistrates' courts started by one of three specified actions, on or after 6th October 2008. In other cases the rules replaced by those rules apply.

• a new Part 63 (Appeal to the Crown Court) in substitution for existing Part 63 (Appeal to the Crown Court). The new Part 63 rules revise and simplify the present rules so that they correspond broadly with the other appeal rules which have recently been revised and simplified. Omissions and modifications ensure that the new Part 63 rules are appropriate to the particular rights of appeal and the jurisdiction involved.

• new rules in Part 2 (Understanding and applying the Rules) make transitional provision and explain when the new rules in Part 7 and Part 63 will apply.

In addition the following amendments are made:

• Part 2 (Understanding and applying the Rules) is amended to include a new rule about representatives and `supporting adults' to clarify, in one place, which representatives can act in criminal proceedings.

• Part 4 (Service of documents) is amended to clarify the operation of Criminal Procedure Rule 4.4 (Service by leaving or posting a document) and to avoid confusion in respect of service on a company registered in Scotland or in Northern Ireland.

• Part 37 (Summary trial) is amended to include three rules transferred from the existing Part 7 (Commencing proceedings in magistrates' courts), on its revision and simplification. First, existing rule 7.4 (Duty of court officer receiving statutory declaration under section 14(1) of the Magistrates' Courts Act 1980) becomes new rule 37.11; second, existing rule 7.5 (Notice of order under section 25 of the Road Traffic Offenders Act 1988) becomes new rule 37.10, and finally, existing rule 7.9 (Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980) becomes new rule 37.9.

• Part 44 (Sentencing children and young persons) is amended to omit reference to “local education authority” which is now redundant as there is also a reference to “local authority” in the rule (44.1(2)(d)). That reference is sufficient to include local education authorities.

• Part 55 (Road traffic penalties) is amended to include existing rule 7.6 (Statutory declaration under section 72 and 73 of the Road Traffic Offenders Act 1988), which has been transferred, with minor revision, on the revision and simplification of existing Part 7.

• Part 65 (Appeal to the Court of Appeal: general rules) is amended to reflect recent legislation and to enhance the notes. First, rule 65.5(1) (Renewing an application refused by a judge or the Registrar) is amended to take account of the amendment to section 31C of the Criminal Appeal Act 1968 by the Criminal Justice and Immigration Act 2008 (removing the right of appeal to the Court of Appeal from a procedural direction given by a single judge). Second, the notes to rules are amended: (i) to include reference in the note to rule 65.1, to the powers of a single judge under The Serious Crime Act 2007 (Appeals under section 24) Order 2008; and (ii) to cite comprehensively in the note to rule 65.5, primary and secondary legislation relating to the right to renew an application to a judge or to the Court of Appeal. Rule 65.11 is amended to correct a typographical error.

• Part 66 (Appeal to the Court of Appeal against ruling at preparatory hearing) is amended to reflect the amendment to section 31 of the Criminal Appeal Act 1968 effected by section 47 of, and paragraph 11 of Schedule 8 to, the Criminal Justice and Immigration Act 2008.

• Part 68 (Appeal to the Court of Appeal about conviction or sentence) is amended to make provision for rights of appeal to the Court of Appeal (i) against wasted costs orders and third party costs orders, and (ii) against a serious crime prevention order where a case is certified fit for appeal.

• Part 78 (Costs orders against the parties) is amended because the new Part 63 rules remove the 3 day time limit for giving notice to abandon an appeal to the Crown Court. The associated costs rule in Part 78 is amended to remove reference to that time limit and to allow the exercise of judicial discretion as to costs where such an appeal is abandoned.

The changes to these Rules come into force on 6th October, 2008.