The Criminal Procedure (Amendment) Rules 2023

Amendments to the Criminal Procedure Rules

8.  In Part 17 (Witness summonses, warrants and orders)—

(a) in rule 17.7 (Application to withdraw a summons, warrant or order)—

(i) in paragraph (1)(b), in the words before sub-paragraph (b)(i), for “he was not aware of any application for it” substitute “the court received no representations by the witness before the summons, warrant or order was issued and, in the Crown Court, the witness had had no notice of any application for a summons,”,

(ii) in paragraph (1)(b)(i) for “he” substitute “the witness”,

(iii) in paragraph (1)(b)(ii) for “he can, his duties or rights” substitute “the witness could do so, the witness’ duties or rights”,

(iv) in paragraph (1)(c), in the words before sub-paragraph (c)(i), for “he was not aware of any application for it” substitute “the court received no representations by that person before the summons, warrant or order was issued”,

(v) in paragraph (1)(c)(ii) for “his” substitute “that person’s”,

(vi) in paragraph (2), in the words before sub-paragraph (a), for “the rule” substitute “this rule”,

(vii) in paragraph (2)(a) for “he wants” substitute “the court should withdraw” and omit “to be withdrawn”,

(viii) in paragraph (2)(b)(ii) after “the party” insert “(if any)”, and

(ix) in paragraph (2)(b)(iii) omit “he knows” and after “application” insert “(if any)”; and

(b) in rule 17.8 (Court’s power to vary requirements under this Part), in paragraph (2)(a) for “his” substitute “the” and for “he would otherwise have served an application in writing” substitute “the application otherwise should be served”.