The Criminal Procedure (Amendment) Rules 2025

Amendments to the Criminal Procedure (Amendment No. 2) Rules 2024

13.  The Criminal Procedure (Amendment No. 2) Rules 2024(1) are amended as follows—

(a) in rule 2(a)(iii) for “5(a)” substitute “5”;

(b) in rule 12 for paragraph (d) substitute—

“(d) in rule 41.4 (Respondent’s notice) in paragraph (1) after “defendant on whom” insert “under rule 41.2” and after “notice of reference” insert “of a point of law under section 36 of the Criminal Justice Act 1972(2)”;”

(c) in rule 13(a) for sub-paragraphs (iv) and (v) substitute—

“(iv) after the seventh paragraph of the note to the rule insert—

“Under section 6A(8) or section 6B(7) of the European Union (Withdrawal) Act 2018(3)a party may appeal to the Supreme Court from a decision of the Court of Appeal on a reference to that court under either of those sections. See also Part 41.”; and”

(d) in Schedule 1, which substitutes Part 9 of the Criminal Procedure Rules 2020, in rule 9.5(1)(c) of that substituted Part—

(i) omit sub-paragraph (ii),

(ii) renumber sub-paragraphs (iii) to (viii) as (ii) to (vii) respectively;

(e) in Schedule 2 for paragraph 5 substitute—

“5.   In rule 24.11 (Procedure if the court convicts), in the final paragraph of the note to the rule for “9.15” substitute “9.24”.”.

(1)

S.I. 2024/842.

(2)

1972 c. 71; section 36 was amended by section 31 of, and paragraph 8 of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23), section 40 of, and paragraph 23 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4) and section 62 of, and paragraph 9 of Schedule 7 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(3)

2018 c. 16; sections 6A and 6B are inserted by section 6 of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) with effect from a date to be appointed.