The Criminal Procedure (Amendment No. 2) Rules 2021

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Criminal Procedure Rules 2020, S.I. 2020/759, as follows:

Rule	Amendment
Part 2	Rule 2.1 is amended to accommodate the possibility of a repeal of the provisions of the Coronavirus Act 2020 to which the rule refers before their expiry. Rule 2.8 is amended to allow an authorised court officer to exercise under new rule 5.10 the same judicial function as such an officer may exercise under current rule 5.7.
Part 3	Rules 3.1(2) and 3.16(1) are amended more clearly to define the circumstances in which the rules about pre-trial preparation in magistrates’ courts apply. Rule 3.16 is amended to govern the exercise of a magistrates’ court’s power to give an indication of likely sentence in the event of a guilty plea during preparation for trial.
Part 5	Rule 5.4 is amended explicitly to require the making of a record of the exercise of a magistrates’ court’s powers (i) on sending a case to the Crown Court for trial, (ii) on giving a sentencing indication, and (iii) by a judge who is entitled under section 66 of the Courts Act 2003 to exercise those powers. New rules 5.7 to 5.11 are substituted for current rules 5.7 and 5.8 more clearly to define the procedure governing the supply of information about cases from court records.
Part 9	Rule 9.2 is amended (i) explicitly to refer to a magistrates’ court’s power to send a defendant for trial in the Crown Court in the defendant’s absence where rule 9.7 applies, and (ii) explicitly to require the taking of a defendant’s name and date of birth at the first hearing in a magistrates’ court where that is a hearing to which the Part 9 rules apply. Rule 9.13 is amended to govern the exercise of a youth court’s power to give an indication of likely sentence in the event of a guilty plea during allocation proceedings in that court.
Part 19	Rule 19.1 is amended to acknowledge the court’s power to impose procedural requirements for the introduction of expert opinion evidence where evidence of fact in the event includes such opinion evidence. Rule 19.3 is amended to require a party who introduces expert opinion evidence to make sure that the admissibility of facts stated in the expert’s report is explained.
Part 24	Rule 24.4 is amended to require a party who introduces oral evidence to explain how that evidence is admissible, unless it is the witness’ direct evidence of fact. Rule 24.5 is amended to impose the same requirement on a party who introduces written evidence.
Part 25	Rule 25.11 is amended to require a party who introduces oral evidence to explain how that evidence is admissible, unless it is the witness’ direct evidence of fact. Rule 25.12 is amended to impose the same requirement on a party who introduces written evidence.
Part 31	Rules 31.1 and 31.5 are amended to make it clear that the rules apply not only to the variation or revocation of behaviour orders but also to the renewal or discharge of such orders. Rule 31.5 is also amended to require service by the court officer, not by the applicant, of an application to vary or discharge a restraining order, and of any notice of evidence in support of such an application. Rule 31.9 is amended to allow the court to dispense with a requirement for service where that would be unnecessary or inappropriate.
Part 34	Rule 34.2 is amended to provide that where a defendant is convicted by a magistrates’ court and committed to the Crown Court for sentence then the time limit for an appeal against the conviction runs from the date of that committal for sentence, not from the date of sentence in the Crown Court.
Part 47	Rule 47.3 is amended to require the court to arrange for the applicant for a search warrant to retain any confidential document used in the application. Rule 47.26 is amended to require the court to record the fact if it has considered any such document. Rule 47.25 is amended to require a justices’ legal adviser to advise and assist a magistrates’ court when the court considers an application for a search warrant, unless the court includes a District Judge (Magistrates’ Courts) and dispenses with such assistance. Rule 47.27 is amended to require a search warrant to identify, so far as practicable, information sought which may be stored in an electronic device. Rules 47.28, 47.29, 47.30, 47.31, 47.32, 47.33 and 47.34 are amended to require an application for a search warrant so far as practicable to identify information sought which may be stored in an electronic device and, so far as practicable, to describe any such device.

Amendments consequent on the Sentencing Act 2020. Rule 34.1 and the Preamble to the Criminal Procedure Rules 2020 are amended to substitute references to provisions of the Sentencing Act 2020 for references to provisions that that Act supersedes.

Amendments consequent on other amendments. The following rules and notes to rules (‘n’) are amended in consequence of the other amendments listed above: 3.5, 3.14(n), 5.4(n), 5.9 (which is renumbered), 9.1(n), 9.5, 9.11(n) and 47.26(4).

These Rules come into force on 4th October 2021.