The Crown Court (Amendment) (No. 3) Rules 2003

Statutory Instruments

2003 No. 1664 (L. 30)

SUPREME COURT OF ENGLAND AND WALES

The Crown Court (Amendment) (No. 3) Rules 2003

Made

22nd June 2003

Laid before Parliament

30th June 2003

Coming into force

21st July 2003

We the Crown Court Rule Committee, in exercise of the powers conferred on 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 2003 and shall come into force on 21st July 2003.

2.—(1) The Crown Court Rules 1982(2) shall be amended in accordance with the following provisions of this rule.

(2) There shall be substituted for rule 27(2)(d) the following sub-paragraph—

“(d) jurisdiction under rule 7(7), 9, 23, 25, 26 or 39”.

(3) For rule 37 (Curfew order with electronic monitoring)(3) there shall be substituted:

Curfew order with electronic monitoring requirement

37.— (1) This rule applies where the Crown Court makes a curfew order with an electronic monitoring requirement under section 35 of the Crime (Sentences) Act 1997(4) or under sections 37 and 36B of the Powers of Criminal Courts (Sentencing) Act 2000(5).

(2) The appropriate officer of the Crown Court shall serve notice of the order on the person in respect of whom it is made by way of pages 1 and 2 of the form prescribed in Part I of Schedule 11 to these Rules.

(3) The appropriate officer of the Crown Court shall serve notice of the order on the person responsible for electronically monitoring compliance with it by way of the form prescribed in Part I of Schedule 11 to these Rules.

(4) Where any community order additional to the curfew order has been made in respect of the offender, the appropriate officer of the Crown Court shall serve a copy of the notice required by paragraph (3) above on the local probation board or Youth Offending Team responsible for the offender.

Community rehabilitation order with curfew

37A.— (1) This rule applies where the Crown Court makes a community rehabilitation order with curfew and electronic monitoring requirements under section 41 of and paragraph 7 of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000(6).

(2) The appropriate officer of the Crown Court shall serve notice of the order on the person in respect of whom it is made by way of pages 1 and 2 of the form prescribed in Part II of Schedule 11 to these Rules.

(3) The appropriate officer of the Crown Court shall serve notice of the order on the person responsible for electronically monitoring compliance with it by way of the form prescribed in Part II of Schedule 11 to these Rules.

(4) The appropriate officer of the Crown Court shall serve a copy of the notice required by paragraph (3) above on the local probation board or Youth Offending Team responsible for the offender.”.

(4)  The rule which was inserted by rule 3 of the Crown Court (Amendment) (No. 2) Rules 2003(7) as rule 38 (Applications relating to property seized in accordance with the provisions of Part 2 of the Criminal Justice and Police Act 2001) is renumbered rule 39.

(5)  There shall be substituted for rule 39(2)(b) the following sub-paragraph—

“(b) where the application is made under section 59(2) of the 2001 Act specify which of the grounds in section 59(3) of the 2001 Act is relied upon and—

(i) where the ground relied upon is (a) specify why the applicant considers there was no power to make the seizure;

(ii) where the ground relied upon is (b), (c) or (d) describe the property and specify why the return of the property is required;”.

(6) For Schedule 11 (notice to person subject to curfew order with electronic monitoring requirement)(8), there shall be substituted the Schedule set out in the Schedule to these Rules.

(7) Schedule 12 (notice to officer responsible for electronic monitoring of curfew order) shall be omitted.

Falconer of Thoroton , C.

Woolf, C.J.

Kay, L.J.

Polter, L.J.

Miss L. E. Dickinson

Dated 22nd June 2003

SCHEDULE SCHEDULE 11

PART I NOTICE OF CURFEW ORDER WITH AN ELECTRONIC MONITORING REQUIREMENTNOTICE OF CURFEW ORDER MADE UNDER SECTION 35 OF THE CRIME (SENTENCES) ACT 1997 OR SECTIONS 37 AND 36B OF THE POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000

This form is to be faxed to the Monitoring Contractor on the day the Order is made. Please make sure the correct contractor for your area is faxed, attach a copy of the original Order and make sure that all information required is completed—otherwise the form will be returned by the contractor. Where another community order has been imposed, ensure that the same documentation is also faxed to the supervising probation service or Youth Offending Team on the day the Order is made. Pages 1 and 2 of the form should be copied to the offender.

PART II NOTICE OF COMMUNITY REHABILITATION ORDER WITH CURFEW AND ELECTRONIC MONITORING REQUIREMENTSNOTICE OF COMMUNITY REHABILITATION ORDER MADE UNDER SECTION 41 OF AND PARAGRAPH 7 OF SCHEDULE 2 TO THE POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000

This form is to be faxed to the Monitoring Contractor on the day the Order is made. Please make sure the correct contractor for your area is faxed, attach a copy of the original Order and make sure that all information required is completed—otherwise the form will be returned by the contractor. Where another community order has been imposed, ensure that the same documentation is also faxed to the supervising probation service or Youth Offending Team on the day the Order is made. Pages 1 and 2 of the form should be copied to the offender.

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe a new form for use in cases where persons are sentenced by way of section 35 of the Crime (Sentences) Act 1997 or sections 37 and 36B of the Powers of Criminal Courts (Sentencing) Act 2000 to a curfew order with an electronic monitoring requirement or, alternatively, under section 41 of and paragraph 7 of Schedule 2 to that Act, to a community rehabilitation order with curfew and monitoring requirements. Pages 1 and 2 of the new form are to be served on the person subject to the order and pages 1, 2 and 3 are to be served on those responsible for electronically monitoring compliance with it and, where appropriate, the supervising probation service or the Youth Offending Team.

These Rules also renumber, as rule 39, and amend the rule which was inserted by rule 3 of the Crown Court (Amendment No. 2) Rules 2003 as rule 38 (Applications relating to property seized in accordance with the provisions of Part 2 of the Criminal Justice and Police Act 2001).

(1)

1981 c. 54.

(2)

S.I. 1982/1109.

(3)

Rule 37 was added by S.I. 1999/3040, rule 2.

(4)

1997 c. 43; section 35 has been amended by the Crime and Disorder Act 1998, section 106, Schedule 7, paragraph 50(1) and (6), section 119, Schedule 8, paragraph 132(1), the Powers of Criminal Courts (Sentencing) Act 2000, section 165(1), Schedule 9, paragraph 184(1) to (5), and the Proceeds of Crime Act 2002, section 456, Schedule 11, paragraphs 1, 32(1) and (2).

(5)

2000 c. 6; section 36B was inserted by section 52 of the Criminal Justice and Court Services Act 2000 (c. 43).

(6)

Paragraph 7 of Schedule 2 was inserted by section 50 of the Criminal Justice and Court Services Act 2000.

(7)

S.I. 2003/639.

(8)

Schedule 11 was inserted by S.I. 1999/3040, Schedule.