The Criminal Procedure (Amendment) Rules 2023

Amendments to the Criminal Procedure Rules

7.  In Part 14 (Bail and custody time limits)—

(a) in rule 14.18 (Exercise of court’s powers: extension of pre-charge bail)—

(i) in paragraph (2) for “12 months” in each place it occurs substitute “24 months”, and

(ii) for the second, third, fourth and fifth paragraphs of the note to the rule substitute—

“Sections 47ZA and 47ZB of the Police and Criminal Evidence Act 1984(1) limit the period during which a defendant who has been arrested for an offence may be on bail after being released without being charged. That period (‘the applicable bail period’) is—

(a) 6 months from the day after the day on which the defendant was arrested (the defendant’s ‘bail start date’) in an ‘FCA’, ‘HMRC’, ‘NCA’ or ‘SFO’ case (that is, a case, as defined by section 47ZB, being investigated by the Financial Conduct Authority, an officer of Revenue and Customs, the National Crime Agency or the Serious Fraud Office, as applicable); and

(b) 3 months from the defendant’s bail start date in any other case (‘a standard case’).

Under section 47ZDB of the 1984 Act(2), in an FCA, HMRC, NCA or SFO case the applicable bail period may be extended on the authority of the appropriate decision maker until the end of 12 months from the bail start date. ‘Appropriate decision maker’ is defined as, in summary, a senior officer of the relevant authority.

Under sections 47ZC and 47ZD of the 1984 Act(3), in a standard case the applicable bail period may be extended on the authority of a police officer of the rank of inspector or above until the end of 6 months from the bail start date. Under section 47ZDA(4) the applicable bail period may be further extended on the authority of a police officer of the rank of superintendent or above until the end of 9 months from the bail start date.

Under sections 47ZC and 47ZE of the 1984 Act(5), if the case is designated by the Director of Public Prosecutions as exceptionally complex (a ‘designated case’) the applicable bail period may be further extended on the authority of one of the senior officers listed in section 47ZE until the end of 12 months from the bail start date.

Under section 47ZF of the 1984 Act(6), on an application made before the date on which the applicable bail period ends by a constable, a member of staff of the Financial Conduct Authority of the description designated by its Chief Executive, an officer of Revenue and Customs, a National Crime Agency officer, a member of the Serious Fraud Office or a Crown Prosecutor, a magistrates’ court may authorise an extension of that period—

(a) from a previous total of 9 months to a new total of 12 months or, if the investigation is unlikely to be completed or a police charging decision made within a lesser period, a new total of 18 months (following extension under section 47ZDA of the Act);

(b) from a previous total of 12 months to a new total of 18 months or, if the investigation is unlikely to be completed or a police charging decision made within a lesser period, a new total of 24 months (following extension under section 47ZDB or 47ZE of the Act),

where the conditions listed in that section are met.”;

(b) in rule 14.19 (Application to authorise extension of pre-charge bail), in paragraph (2)(b) after “constable” insert “, an officer of Revenue and Customs, a National Crime Agency officer”; and

(c) in rule 14.18 (Exercise of court’s powers: extension of pre-charge bail), in paragraph (2)(a) omit “less than” and after “months” insert “or less”.

(1)

1984 c. 60; sections 47ZA and 47ZB were inserted by section 63 of the Policing and Crime Act 2017 (c. 3). Section 47ZB was amended by amended by paragraphs 24 and 26 of Schedule 4 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

(2)

1984 c. 60; section 47ZDB was inserted by paragraphs 24 and 29 of Schedule 4 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

(3)

1984 c. 60; section 47ZC was inserted by section 63 of the Policing and Crime Act 2017 (c. 3) and amended by paragraphs 1, 12, 24 and 27 of Schedule 4 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32). Section 47ZD was inserted by section 63 of the Policing and Crime Act 2017 (c. 3) and amended by paragraphs 24 and 28 of Schedule 4 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

(4)

1984 c. 60; section 47ZDA was inserted by paragraphs 24 and 29 of Schedule 4 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

(5)

1984 c. 60; section 47ZE was inserted by section 63 of the Policing and Crime Act 2017 (c. 3) and amended by paragraphs 24 and 30 of Schedule 4 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

(6)

1984 c. 60; section 47ZF was inserted by section 63 of the Policing and Crime Act 2017 (c. 3) and amended by paragraphs 24 and 31 of Schedule 4 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32).