The Criminal Procedure (Amendment) Rules 2006

Citation, commencement and interpretation

1.  These Rules may be cited as the Criminal Procedure (Amendment) Rules 2006 and shall come into force on 3rd April 2006.

2.  In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 2005(1).

Amendments to the Criminal Procedure Rules 2005

3.  In the note after rule 3.11 (other rules and legislation affecting case management)—

(a) in the list of Regulations, for “Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2000”(2), substitute “Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005”(3); and

(b) in the list of Provisions of Acts of Parliament, in the entry for the Crime and Disorder Act 1998(4), after “section 51”, insert “and (so far as it is in force) section 51A”.

4.  In the note after rule 4.3 (service of documents in Crown Court proceedings), for “15.8”, substitute “15.6”.

5.  For Part 15 (preparatory hearings in cases of serious fraud and other complex or lengthy cases in the Crown Court), substitute the Part as set out in Schedule 1 to these Rules.

6.  For Part 18 (warrants), substitute the Part as set out in Schedule 2 to these Rules.

7.  In rule 34.1 (hearsay evidence: when this Part applies)—

(a) after “section 114(1)”, omit “(a) to”; and

(b) after “(d)”, insert “, section 116, section 117 and section 121”.

8.  In the note after rule 34.1, after “on certain conditions.”, insert “This Part applies only to evidence that is admissible on one or more of the following grounds set out in the 2003 Act(5), namely where (a) it is in the interests of justice for it to be admissible (see section 114(1)(d)), (b) the witness is unavailable to attend (see section 116), (c) the evidence is contained in a business, or other, document (see section 117) or (d) the evidence is multiple hearsay (see section 121).”.

9.  In Part 35—

(a) in rule 35.2 (introducing evidence of non-defendant’s bad character), for paragraph (a), substitute—

“(a) not more than 14 days after the prosecutor has—

(i) complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996(6) (initial disclosure by the prosecutor), or

(ii) disclosed the previous convictions of that non-defendant; or”; and

(b) in rule 35.6 (time limit for defendant’s application to exclude evidence of his own bad character) for “7”, substitute “14”.

10.  In Part 39 (trial on indictment)—

(a) in the table of contents, insert—

(i) at the end of the first column, “Appeal against refusal to excuse from jury service or to defer attendance”, and

(ii) at the end of the second column, “rule 39.2”; and (b) after rule 39.1, insert—

Appeal against refusal to excuse from jury service or to defer attendance

39.2.— (1) A person summoned under the Juries Act 1974(7) for jury service may appeal in accordance with the provisions of this rule against any refusal of the appropriate court officer to excuse him under section 9(2), or to defer his attendance under section 9A(1), of that Act.

(2) Subject to paragraph (3), an appeal under this rule shall be heard by the Crown Court.

(3) Where the appellant is summoned under the 1974 Act to attend before the High Court in Greater London the appeal shall be heard by a judge of the High Court and where the appellant is summoned under that Act to attend before the High Court outside Greater London or before a county court and the appeal has not been decided by the Crown Court before the day on which the appellant is required by the summons to attend, the appeal shall be heard by the court before which he is summoned to attend.

(4) An appeal under this rule shall be commenced by the appellant’s giving notice of appeal to the appropriate court officer of the Crown Court or the High Court in Greater London, as the case may be, and such notice shall be in writing and shall specify the matters upon which the appellant relies as providing good reason why he should be excused from attending in pursuance of the summons or why his attendance should be deferred.

(5) The court shall not dismiss an appeal under this rule unless the appellant has been given an opportunity of making representations.

(6) Where an appeal under this rule is decided in the absence of the appellant, the appropriate court officer of the Crown Court or the High Court in Greater London, as the case may be, shall notify him of the decision without delay.

• [Note. Formerly rule 25 of the Crown Court Rules 1982(8).]”.

11.  In Part 41 (retrial following acquittal for serious offence), in the table of contents, in the entry for rule 41.12, after “Court”, omit “Service”.

12.  In Part 57 (Proceeds of Crime Act 2002—rules applicable to all proceedings)—

(a) in the table of contents—

(i) in the entry for rule 57.4, for “Irish”, substitute “Ireland”,

(ii) at the end of the first column insert, “External requests and orders”, and

(iii) at the end of the second column insert, “rule 57.15”; and

(b) after rule 57.14, insert—

External requests and orders

57.15.— (1) The rules in this Part and in Parts 59 to 61 and 71 apply with the necessary modifications to proceedings under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005(9) in the same way that they apply to corresponding proceedings under Part 2 of the Proceeds of Crime Act 2002(10).

(2) This table shows how provisions of the 2005 Order correspond with provisions of the 2002 Act.

Article of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005	Section of the Proceeds of Crime Act 2002
B3	41
B4	42
B5	43
B6	44
B10	48
B11	49
B12	58
B18	31
B22	50
B24	51
B25	52
B26	53
B29	55
B31	57
B36	62
B37	63
B39	65
B40	66”.

13.  In Part 65 (appeal to the Court of Appeal against ruling in preparatory hearing)—

(a) in the table of contents, insert—

(i) at the end of the first column, “Appeal against order following discharge of jury because of jury tampering”, and

(ii) at the end of the second column, “rule 65.11”; and

(b) after rule 65.10, insert—

Appeal against order following discharge of jury because of jury tampering

65.11.   The rules in this Part apply with the necessary modifications to an appeal under section 47 of the Criminal Justice Act 2003(11).”.

14.  In Part 66 (appeal to the Court of Appeal against ruling adverse to prosecution)—

(a) in the table of contents, in the entry for rule 66.14, for “of Appeal”, substitute “, single judge or Registrar”;

(b) omit rule 66.11(3);

(c) in rule 66.12—

(i) omit paragraph (2),

(ii) in paragraph (3), for “single judge's”, substitute “Registrar's”, and

(iii) renumber paragraph (3) as paragraph (2).

(d) in the heading to rule 66.14 (notice of hearing and determination of the Court of Appeal), for “of Appeal”, substitute “, single judge or Registrar”;

(e) for rule 66.14(2), substitute—

“(2) The Registrar must, as soon as reasonably practicable, serve notice of—

(a) a decision of the Court of Appeal on an appeal or application;

(b) a decision of a single judge exercising one of the powers referred to in rule 66.11(1); or

(c) a decision of the Registrar exercising one of the powers referred to in rule 66.12(1); on those parties listed in paragraph (1).”; and

(f) after rule 66.14(3), insert—

“(4) But where rule 66.8 (public interest rulings) applies the Registrar must not give or serve any notice under this rule on the defendant or any interested party, unless a judge or the Court of Appeal otherwise directs.

• [Note. Rule 66.8 (public interest rulings) applies where a public interest ruling is the subject of the appeal, or application for leave to appeal. Where that rule applies, the prosecutor is not required to include certain information in the notice of appeal, or application for leave to appeal, and is not required to serve that notice or application on the defendant or any interested party unless otherwise directed. A “public interest ruling” is defined in rule 66.1.]”.

15.  In Part 68 (appeal to the Court of Appeal against conviction or sentence), in the table of contents, in the entry for rule 68.12, omit “at trial”.

16.  In rule 68.1(3) (service of documents: interpretation), for the words from “an appellant” (in the second place it appears) to the end of that paragraph, substitute—

“(a) an appellant under section 13 of the Administration of Justice Act 1960(12) (appeal in cases of contempt of court);

(b) a defendant in proceedings in the Crown Court in respect of which an application is made for leave to appeal under section 159 of the Criminal Justice Act 1988(13) (Crown Court proceedings—orders restricting or preventing reports or restricting public access);

(c) an appellant under paragraph 14 of Schedule 22 to the Criminal Justice Act 2003(14) (mandatory life sentences: appeals in transitional cases); and

(d) in the case of an application under section 8(1) or 8(1A) of the Criminal Appeal Act 1968(15), a person who has been ordered to be retried.”.

17.  In rule 68.3 (notice of appeal and application for extension of time)—

(a) in paragraph (1)—

(i) after “by completing”, omit “Part 1 of”, and

(ii) after “Practice Direction”, omit “, and so much of Part 2 thereof as relates to the notice”;

(b) after paragraph (1), insert—(1A) Notice of an application for leave to appeal under paragraph 14 of Schedule 22 to the Criminal Justice Act 2003(16) shall be given by completing the form set out in the Practice Direction and serving it on the Registrar.”;

(c) in paragraph (7), for “under Part I of the 1968 Act be given”, substitute—

• “be given under—

  (a)

  Part I of the 1968 Act(17); or

  (b)

  article 3 of the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005(18);”; and

(d) in paragraph (8), for “under Part I of the 1968 Act be given”, substitute—

• “be given under—

  (a)

  Part I of the 1968 Act; or

  (b)

  article 3 of the 2005 Order;”.

18.  In rule 68.5 (exercise of court’s power to give leave to appeal, etc: general rules)—

(a) in paragraph (1)—

(i) for “these sections of the Criminal Appeal Act 1968”, substitute “the following provisions”,

(ii) in sub-paragraph (a), after “section 31”, insert “of the Criminal Appeal Act 1968 or article 8 of the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005”,

(iii) in sub-paragraph (b), after “section 31A”, insert “of the 1968 Act or article 9 of the 2005 Order”,

(iv) in sub-paragraph (c), after “section 31B”, insert “of the 1968 Act or article 10 of the 2005 Order”, and

(v) in sub-paragraph (d), after “section 31C”, insert “of the 1968 Act or article 11 of the 2005 Order”; and

(b) in paragraph (4)—

(i) for the words from “An application by an appellant” to “the appellant”, substitute “If an appellant makes an application for the exercise of any of the powers under the 1968 Act and he”, and

(ii) after “leave to appeal”, insert “, the application must be served on the Crown Court officer”.

19.  In rule 68.6 (further applications to a judge or to the court: additional rules)—

(a) in paragraph (1)—

(i) in sub-paragraph (a), for the words from “the Criminal Appeal Act 1968” to “; or”, substitute “or article 8 of the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005(19) (powers exercisable by a single judge); or”,

(ii) renumber sub-paragraph (b) as sub-paragraph (c) and after sub-paragraph (a), insert—

“(b) an appellant renews an application for the exercise of a power conferred by section 31A of the 1968 Act or by article 9 of the 2005 Order (powers exercisable by the Registrar); or”, and

(iii) in paragraph (c), as renumbered, after “the 1968 Act”, insert “or article 11 of the 2005 Order”; and

(b) in paragraph (2)(a), after “the 1968 Act”, insert “or article 8 of the 2005 Order”.

20.  In the heading to rule 68.12 (record of proceedings), omit “at trial”.

21.  In rule 68.14 (verification of record of proceedings), in the following paragraphs, after “or part thereof”, omit “before the court of trial”—

(a) in paragraph (1); and

(b) in paragraph (2).

22.  In the note after rule 68.20 (procedure for the admission of hearsay evidence), for the words from ““Statements”” to “of that Act”, substitute “Part 34 applies only to evidence that is admissible on one or more of the following grounds set out in the Criminal Justice Act 2003(20), namely where (a) it is in the interests of justice for it to be admissible (see section 114(1)(d)), (b) the witness is unavailable to attend (see section 116), (c) the evidence is contained in a business, or other, document (see section 117) or (d) the evidence is multiple hearsay (see section 121).”.

23.  In rule 68.22(1) (abandonment of proceedings), after “the Criminal Appeal Act 1968”, insert “or under paragraph 14 of Schedule 22 to the Criminal Justice Act 2003”.

24.  In rule 68.29(1) (notice of determination of court), after “the Criminal Appeal Act 1968”, insert “or under article 8 of the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005”.

25.  In rule 74.1 (application for leave to appeal from the Criminal Division of the Court of Appeal to the House of Lords)—

(a) in paragraph (1)—

(i) in sub-paragraph (a), after “the Administration of Justice Act 1960”(21), insert “or Part 3 of the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005”(22), and

(ii) in sub-paragraph (b), after “the 1960 Act”, insert “or article 13(2) of the 2005 Order”;

(b) in paragraph (4), after “the 1960 Act” insert, “, or Part 3 of the 2005 Order”; and

(c) in paragraph (8), after “the 1960 Act” insert, “or under the 2005 Order”.

Phillips of Worth Matravers, C.J.

Sir Igor Judge

Hooper, L.J.

Openshaw, J.

Charles Wide

Roderick Denyer

Anthony Evans

Brenda Large

Andrew Mimmack

David Fisher

Tom Little

Graham White

Derek French

Martin Baker

Mark Harris

James Riches

I allow these Rules, which shall come into force on 3rd April 2006.

Falconer of Thoroton,C.

Date 16th January 2006

I concur.

Charles Clarke

One of Her Majesty’s Principal Secretaries of State

Date 9th February 2006