The Criminal Procedure (Amendment No. 2) Rules 2022

Amendments to the Criminal Procedure Rules

6.  In Part 4 (Service of documents)—

(a) in rule 4.1 (When this Part applies)—

(i) for paragraph (1) substitute—

“(1) The rules in this Part apply to the service of—

(a) every document in a case to which these Rules apply; and

(b) any document which other legislation allows or requires to be served in accordance with these Rules.”, and

(ii) for the note to the rule substitute—

“[Note. The following provisions allow or require the service of documents in accordance with Criminal Procedure Rules—

(a) section 243 of the Road Traffic Act 1960(1) (notice requiring identification of driver);

(b) section 29(A1) of the Misuse of Drugs Act 1971(2) (notice or other document required by Act to be served);

(c) paragraph 8(3) of the Schedule to the Prices Act 1974(3) (notice of intended prosecution);

(d) paragraph 10 of Schedule 4 to the Salmon and Freshwater Fisheries Act 1975(4) (surrender of licence to court officer);

(e) section 5(1) of the Isle of Man Act 1979(5) (summons or process requiring a person in the Isle of Man to attend a criminal court in England and Wales);

(f) section 82(5F) of the Magistrates’ Courts Act 1980(6) (notice of hearing to consider issue of warrant of commitment);

(g) section 72 of the Public Passenger Vehicles Act 1981(7) (notice requiring identification of driver);

(h) section 19(4A) of the Video Recordings Act 1984(8) (copy of certificate of examination);

(i) section 83(4) of the Weights and Measures Act 1985(9) (notice of intended prosecution for offence);

(j) sections 164(10) and 172(7) of the Road Traffic Act 1988(10) (notice requiring verification of date of birth; notice requiring identification of driver);

(k) sections 1(1ZA), 12(1) and (3), 16(6), 25(7) and 85(A2) of the Road Traffic Offenders Act 1988(11) (notice of intended prosecution; notice requiring identification of driver; analyst’s certificate; notice requiring attendance of analyst; notice requiring verification of date of birth; other specified documents);

(l) section 35(7) of the Transport and Works Act 1992(12) (documentary evidence as to breath and other specimens);

(m) section 60(11) of, and paragraphs 4(5) and 5(3) of Schedule 5 to, the Powers of Criminal Courts (Sentencing) Act 2000(13) (attendance centre order); and

(n) section 27(1) of the Criminal Justice and Police Act 2001(14) (notice in connection with proposed closure of premises).]”; and

(b) in rule 4.7 (Documents that must be served by specified methods)—

(i) omit paragraph (2), and

(ii) paragraph (1) becomes the text of the rule.

(1)

1960 c. 16; section 243 was amended by section 109 of, and paragraph 107 of Schedule 8 to, the Courts Act 2003 (c. 39) and paragraph 1 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(2)

1971 c. 38; section 29(A1) was inserted by paragraph 2 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(3)

1974 c. 24; paragraph 8(3) of the Schedule was amended by paragraph 3 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(4)

1975 c. 51; paragraph 10 of Schedule 4 was amended by section 233 of, and paragraphs 1 and 17 of Schedule 16 to, the Marine and Coastal Access Act 2009 (c. 23), section 90 of, and paragraph 86 of Schedule 13 to, the Access to Justice Act 1999 (c. 22) and paragraph 4 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(5)

1979 c. 58; section 5(1) was amended by paragraph 5 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(6)

1980 c. 43; section 82(5F) was inserted by section 61 of the Criminal Justice Act 1988 (c. 33) and amended by paragraph 6 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(7)

1981 c. 14; section 72 was amended by section 139 of, and Schedule 8 to, the Transport Act 1985 (c. 67) and paragraph 7 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(8)

1984 c. 39; section 19(4A) was inserted by paragraph 8 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(9)

1985 c. 72; section 83(4) was amended by paragraph 9 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(10)

1988 c. 52; sections 164(10) and 172(7) were amended by paragraph 10 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(11)

1988 c. 53; sections 1(1ZA) and 85(A2) were inserted, and sections 12(1) and (3), 16(6) and 25(7) were amended, by paragraph 11 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(12)

1992 c. 42; section 35(7) was amended by paragraph 12 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(13)

2000 c. 6; section 60(11) was amended by S.I. 2001/618 and S.I. 2005/866. Paragraph 5(3) of Schedule 5 was amended by S.I. 2005/866. Those two provisions and paragraph 4(5) of Schedule 5 all were amended by paragraph 13 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

(14)

2001 c. 16; section 27(1) was amended by paragraph 14 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).