The Crown Court (Amendment) (No. 3) Rules 2000

Statutory Instruments

2000 No. 3362 (L. 28)

SUPREME COURT OF ENGLAND AND WALES

The Crown Court (Amendment) (No. 3) Rules 2000

Made

20th December 2000

Laid before Parliament

22nd December 2000

Coming into force

15th January 2001

We the Crown Court Rule Committee, in exercise of the powers conferred upon us by sections 84(1) and 86 of the Supreme Court Act 1981(1), hereby make the following Rules:

1.  These Rules may be cited as the Crown Court (Amendment) (No. 3) Rules 2000 and shall come into force on 15th January 2001.

2.—(1) The Crown Court Rules 1982(2) shall be amended as follows.

(2) In rule 23A(3), after the words “under section 53 of the Criminal Justice Act 1991,”, there shall be inserted the words “or of the service of copies of the documents containing the evidence on which the charge or charges are based under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998,”.

(3) In rule 23B(4), after the words “Criminal Justice Act 1987,” there shall be inserted the words “or of the service of copies of the documents containing the evidence on which the charge or charges are based under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998,”.

(4) In rule 23C(5), after the words “under section 53 of the Criminal Justice Act 1991,” there shall be inserted the words “or of the service of copies of the documents containing the evidence on which the charge or charges are based under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998,”.

(5) After rule 24 there shall be added the following rule:

“24ZA.   The appropriate officer of the Crown Court, sitting at a place to which notice has been given under section 51(7) of the Crime and Disorder Act 1998, shall list the first Crown Court appearance of the person to whom the notice relates so that it shall be no later than 28 days after the date on which the Crown Court received the notice or, in the case of a person committed to custody under section 52(1)(a) of that Act, 8 days after that date.”

(6) In rule 27, after paragraph (g) there shall be inserted:

“(h) jurisdiction under Rule 24ZA.”.

3.  The Crown Court (Modification) Rules 1998(3) are hereby revoked.

Irvine of Lairg

Wolf, C. J.

Kay, L. J.

Master McKenzie

His Honour Judge Harris, C.

Dated 20th December 2000

Explanatory Note

(This note is not part of the Rules)

These Rules make a number of amendments to the Crown Court Rules 1982 (S.I. 1982/1109) which are necessary in relation to the new procedure created by sections 51 and 52 of and Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (no committal proceedings for indictable-only proceedings).

Rules 2(2), (3) and (4) amend the 1982 Rules to provide for the appropriate time under the new procedure by which a party that wishes to do so, shall apply for the evidence of a child or person outside the United Kingdom to be given by video recording or television link under section 32 of the Criminal Justice Act 1988 (c. 33).

Rule 2(5) provides for a new rule 24ZA of the 1982 Rules so as to specify the latest date for which the first Crown Court appearance of a person sent for trial under the new procedure shall be listed. Rule 2(6) allows for the possibility of that appearance being in chambers.

(1)

1981 c. 54; section 86 was amended by Schedule 18, paragraph 36 of the Courts and Legal Services Act 1990 (c. 41).

(2)

S.I. 1982/1109; rule 23A was inserted by S.I. 1988/2160, rule 2 (substituted by S.I. 1992/1847, rule 3); rule 23B by S.I. 1990/2157, rule 2; and rule 23C by S.I. 1992/1847, rule 4.

(3)

The Crown Court (Modification) Rules 1998 (S.I. 1998/3047) modified the Crown Court Rules 1982 for certain areas only following the bringing into force of the new procedure created by sections 51 and 52 of and Schedule 3 to the 1998 Act in those areas.