The Criminal Procedure Rules 2012

Objection to committal statements being read at trial

10.4.—(1) This rule applies where—

(a) a written statement is admitted as evidence in committal proceedings;

(b) under Schedule 2 to the Criminal Procedure and Investigations Act 1996(1), the statement may be introduced in evidence at trial; and

(c) a party wants to object to that.

(2) Such a party must serve notice of objection—

(a) on each other party and on the Crown Court officer;

(b) not more than 14 days after the defendant is committed for trial.

(3) A prosecutor who introduces a written statement in committal proceedings must serve with it on the defendant a notice—

(a) of the right to object, and of the time limit; and

(b) that if the defendant does not object, the prosecutor may decide not to call the witness to give evidence in person at trial, but to rely on the written statement instead.

(4) The magistrates’ court that commits the defendant for trial must remind the defendant of that right to object.

(5) The Crown Court may extend the time limit under this rule, even after it has expired.

[Note. Under Schedule 2 to the Criminal Procedure and Investigations Act 1996, the written statement of a witness that has been admitted in evidence in committal proceedings may be introduced in evidence at trial, instead of the witness giving evidence in person, if—

(a) no party objects within the time prescribed by Criminal Procedure Rules, and

(b) the other conditions specified by that Schedule are met.]

(1)

1996 c. 25; Schedule 2 was amended by section 109(1) of, and paragraph 380 of Schedule 8 to, the Courts Act 2003 (c. 39). It is repealed by paragraph 66 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed.