The Criminal Procedure (Amendment) Rules 2020

Amendments to the Criminal Procedure Rules

11.  In Part 39 (Appeal to the Court of Appeal about conviction or sentence)—

(a) in rule 39.1 (When this Part applies)—

(i) for paragraph (1)(f) substitute—

“(f) a person wants to appeal to the Court of Appeal under—

(i) section 24 of the Serious Crime Act 2007(1),

(ii) section 28(5)(a) of the Offensive Weapons Act 2019(2), or

(iii) regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 1986(3).”,

(ii) in the note to the rule, in sub-paragraph (d) of the first paragraph after “a finding of disability” insert “or a finding that the defendant did the act or made the omission charged as an offence”, and

(iii) in the note to the rule, after the tenth paragraph insert—

“Under section 28(5)(a) of the Offensive Weapons Act 2019 an applicant to the Crown Court for the variation, renewal or discharge of a knife crime prevention order made by that court, or a respondent to such an application, may appeal to the Court of Appeal against the decision of the Crown Court.”; and

(b) in rule 39.2 (Service of appeal notice)—

(i) the existing text becomes paragraph (1),

(ii) after paragraph (1) insert—

“(2) Paragraphs (3), (4) and (5) apply—

(a) where the appeal is about—

(i) a finding of disability under section 4 of the Criminal Procedure (Insanity) Act 1964(4),

(ii) a finding under section 4A of the 1964 Act(5) that the defendant did the act or made the omission charged as an offence, or

(iii) a hospital order, interim hospital order or supervision order made under section 5 or 5A of the 1964 Act(6);

(b) unless the appeal notice includes grounds of appeal prepared by the person who was appointed to put the case for the defence under rule 25.10 (Defendant unfit to plead).

(3) The Registrar must refer the appeal notice to a judge of the Court of Appeal for the judge to give or refuse to give procedural directions under section 31B of the Criminal Appeal Act 1968(7).

(4) The judge may—

(a) give such procedural directions as the case requires where the appeal notice includes grounds of appeal that the judge considers reasonably arguable; or

(b) refuse to give such directions, in any other case.

(5) Such procedural directions may include—

(a) a direction for the appointment of a person to put the case for the appellant on appeal;

(b) a direction to commission medical evidence;

(c) a direction for the reference of the case to the judge again to give, or to refuse to give, further directions.”; and

(iii) at the end of the note to the rule insert—

“Under section 31C of the 1968 Act(8) a party has no right to renew to the Court of Appeal an application for procedural directions refused by a judge.”.

(1)

2007 c. 27.

(2)

2019 c. 17; section 28 comes into force on a date to be appointed.

(3)

S.I. 1986/1335; regulation 3C was inserted by regulation 2 of The Costs in Criminal Cases (General) (Amendment) Regulations 1991 (SI 1991/789) and amended by regulation 5 of The Costs in Criminal Cases (General) (Amendment) Regulations 2004 (SI 2004/2408). Regulation 3H was inserted by regulation 7 of The Costs in Criminal Cases (General) (Amendment) Regulations 2004 (SI 2004/2408).

(4)

1964 c. 84; section 4 was substituted, together with section 4A, for section 4 as originally enacted, by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and amended by section 22 of the Domestic Violence, Crime and Victims Act 2004 (c. 28).

(5)

See (d) immediately above.

(6)

1964 c. 84; section 5 was substituted, and section 5A inserted, by section 24 of the Domestic Violence, Crime and Victims Act 2004 (c. 28). Section 5A was amended by section 15 of the Mental Health Act 2007 (c. 12).

(7)

1968 c. 19; section 31B was inserted by section 87 of the Courts Act 2003 (c. 39).

(8)

1968 c. 19; section 31C was inserted by section 87 of the Courts Act 2003 (c. 39) and amended by sections 47 and 149 of, and paragraphs 1 and 12 of Schedule 8 and part 3 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4).