The Criminal Procedure Rules 2012

Statutory Instruments

2012 No. 1726 (L. 6)

Senior Courts Of England And Wales

Magistrates’ Courts, England And Wales

The Criminal Procedure Rules 2012

Made

2nd July 2012

Laid before Parliament

12th July 2012

Coming into force

1st October 2012

The Criminal Procedure Rule Committee—

(a) revokes the Criminal Procedure Rules 2011(1) and makes the following Rules under section 69 of the Courts Act 2003(2), after consulting in accordance with section 72(1)(a) of that Act; and

(b) in making the Rules listed in the first column of this table, exercises also the powers listed in the corresponding entry in the second column—

Rule	Power
Part 6, sections 1, 2 and 3	Paragraph 10 of Schedule 5, paragraph 4 of Schedule 6, and paragraph 5 of Schedule 6A to the Terrorism Act 2000(3)
Part 6, sections 1, 2 and 4	Sections 351(2), 362(2), 369(2) and 375(1) of the Proceeds of Crime Act 2002(4)
6.26	Section 74(3) of the Senior Courts Act 1981(5)
10.4	Paragraph 4 of Schedule 2 to the Criminal Procedure and Investigations Act 1996(6)
19.6	Section 5B(9) of the Bail Act 1976(7)
Part 21	Section 48 of the Criminal Law Act 1977(8)
33.4	Section 81 of the Police and Criminal Evidence Act 1984(9) and section 20(3) of the Criminal Procedure and Investigations Act 1996(10)
34.4	Section 132(4) of the Criminal Justice Act 2003(11)
42.4	Section 155(7) of the Powers of Criminal Courts (Sentencing) Act 2000(12)
57.7, 61.6, 61.8 and 61.9	Section 91 of the Proceeds of Crime Act 2002(13)
62.16	Section 19 of the Criminal Procedure and Investigations Act 1996(14)
63.10	Sections 73(2) and 74(2), (3) and (4) of the Senior Courts Act 1981(15)
65.8	Section 87(4) of the Senior Courts Act 1981(16)
76.6	Section 52 of the Senior Courts Act 1981(17)

These rules may be cited as the Criminal Procedure Rules 2012 and shall come into force on 1st October 2012.

(1)

S.I. 2011/1709; amended by S.I. 2011/3075.

(2)

2003 c. 39; section 69 was amended by sections 15(1) and 146 of, and paragraphs 308 and 332 of Schedule 4 and Part 2 of Schedule 18 to, the Constitutional Reform Act 2005 (c. 4).

(3)

2000 c. 11; paragraph 10 of Schedule 5 was amended by section 109(1) of, and paragraph 389 of Schedule 8 to, the Courts Act 2003 (c. 39) and it is further amended by section 65 of, and paragraph 9 of Schedule 4 to, the Courts Act 2003 (c. 39), with effect from a date to be appointed. Paragraph 4 of Schedule 6 was amended by section 109(1) of, and paragraph 390 of Schedule 8 to, the Courts Act 2003 (c. 39). Schedule 6A was inserted by section 3 of, and paragraph 1(1) and (3) of Part 1 of Schedule 2 to, the Anti-terrorism, Crime and Security Act 2001 (c. 24).

(4)

2002 c. 29.

(5)

1981 c. 54; section 74(3) was amended by article 3 of, and paragraphs 11 and 12(c) of the Schedule to, S.I. 2004/2035. The Act’s title was amended by section 59(5) of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).

(6)

1996 c. 25; paragraph 4 of Schedule 2 was amended by section 109(1) of, and paragraph 380 of Schedule 8 to, the Courts Act 2003 (c. 39). Schedule 2 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.

(7)

1976 c. 63; section 5B(9) was inserted by section 30 of the Criminal Justice and Public Order Act 1994 (c. 33) and amended by paragraph 183 of Schedule 8 to the Courts Act 2003 (c. 39).

(8)

1977 c. 45; section 48 was amended by paragraph 190 of Schedule 8 to the Courts Act 2003 (c. 39).

(9)

1984 c. 60; section 81 was amended by paragraph 286 of Schedule 8 to, the Courts Act 2003 (c. 39).

(10)

1996 c. 25; section 20(3) was amended by paragraph 378 of Schedule 8 to, the Courts Act 2003 (c. 39).

(11)

2003 c. 44.

(12)

2000 c. 6; section 155(7) was amended by article 3 of, and paragraphs 39 and 43 to, S.I. 2004/2035.

(13)

2002 c. 29; section 91 was amended by section 109(1) of, and paragraph 410 of Schedule 8 to, the Courts Act 2003 (c. 39).

(14)

1996 c. 25; section 19 was amended by section 109 of, and paragraph 377 of Schedule 8 to, the Courts Act 2003 (c. 39), section 331 of, and paragraphs 20 and 34 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44) and section 15 of, and paragraph 251 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4).

(15)

1981 c. 54; section 73(2) was amended by article 3 of, and paragraphs 11 and 12(b) of the Schedule to, S.I. 2004/2035. Section 74(2) and (3) was amended by article 3 of, and paragraphs 11 and 12(c) of the Schedule to, S.I. 2004/2035.

(16)

1981 c. 54; section 87(4) was amended by articles 2 and 3 of, and paragraphs 11 and 17 of the Schedule to, S.I. 2004/2035.

(17)

1981 c. 54; section 52 was amended by section 31 of, and Part II of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23), section 4 of the Courts and Legal Services Act 1990 (c. 41), article 3 and paragraphs 11 and 12(a) of the Schedule to S.I. 2004/2035 and section 59 of, and paragraph 26 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).