The Criminal Procedure (Amendment No. 2) Rules 2021

Amendments to the Criminal Procedure Rules

10.  In Part 31 (Behaviour orders)—

(a) in rule 31.1 (When this Part applies), in paragraph (1) for “make, vary or revoke” substitute “make, vary, renew, discharge or revoke”;

(b) in rule 31.5 (Application to vary or revoke behaviour order)—

(i) for the heading to the rule substitute “Application to vary, renew, discharge or revoke behaviour order”,

(ii) in paragraph (1) for “vary or revoke” substitute “vary, renew, discharge or revoke”,

(iii) for paragraph (2) substitute—

“(2) A person applying under this rule must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so, explaining—

(i) what material circumstances have changed, if any, since the order was made, and

(ii) why the order should be varied, renewed, discharged or revoked, by reference to the legislation under which it was made;

(b) in every case, serve the application on—

(i) the court officer, and

(ii) the prosecutor (unless the prosecutor is the person applying under this rule);

(c) unless the order was a restraining order, serve the application on, as appropriate—

(i) the person to whom the order was directed, and

(ii) any other person protected or affected by the order; and

(d) serve the application on any other person if the court so directs.”,

(iv) for paragraph (3) substitute—

“(3) A party who wants the court to take account of any particular evidence before making its decision must, as soon as practicable—

(a) in every case, serve notice on—

(i) the court officer, and

(ii) the prosecutor (unless the prosecutor is the party serving the notice);

(b) unless the order was a restraining order, serve the notice on, as appropriate—

(i) the person to whom the order was directed, and

(ii) any other person protected or affected by the order;

(c) serve the notice on any other person if the court so directs; and

(d) in that notice identify the evidence and attach any written statement that has not already been served.”,

(v) for paragraph (4) substitute—

“(4) The court may decide an application under this rule—

(a) at a hearing, in public or in private; or

(b) without a hearing, if the legislation under which the order was made so allows.”,

(vi) in paragraph (5)(b), after “hearing” insert “if none is otherwise required”,

(vii) for paragraph (6) substitute—

“(6) The court officer must—

(a) if the order was a restraining order, serve the application under this rule on—

(i) as appropriate, the person to whom the order was directed and any other person protected or affected by the order, and

(ii) the relevant Chief Officer of Police;

(b) serve the application on any other person if the court so directs;

(c) serve any notice of evidence received by the court officer under paragraph (3) on—

(i) each person, if any, on whom the court officer serves the application under this rule, and

(ii) any other person if the court so directs; and

(d) give notice of any hearing to—

(i) the applicant, and

(ii) any person required to be served, by this rule or by the court.”, and

(viii) in the first paragraph of the note to the rule, for “varied or revoked” substitute “varied, renewed, discharged or revoked”;

(c) in rule 31.9 (Court’s power to vary requirements under this Part)—

(i) at the end of paragraph (b) insert “; and”, and

(ii) after paragraph (b) insert—

“(c) dispense with a requirement for service (even after service was required).”; and

(d) amend the table of contents correspondingly.