The Criminal Procedure (Amendment No. 2) Rules 2007

Explanatory Note

(This note is not part of the Rules)

These Rules add the following new provisions to the Criminal Procedure Rules 2005

• In Part 37 (Summary trial) a new rule 37.6 prescribes the procedure for making an application to change a plea of guilty in summary proceedings.

• In Part 39 (Trial on indictment) a new rule 39.3 prescribes the procedure for making an application to change a plea of guilty in a trial on indictment.

• A new Part 65 (Appeal to the Court of Appeal: general rules), in substitution for the existing Part 65 (Appeal to the Court of Appeal against ruling in preparatory hearing). The rules that relate to an appeal against a ruling in a preparatory hearing are found in the new Part 66. The new Part 65 provides rules of general application to appeals.

• A new Part 66 (Appeal to the Court of Appeal against ruling at preparatory hearing), in substitution for the existing Part 66 (Appeal to the Court of Appeal against ruling adverse to prosecution). The rules that relate to an appeal against a ruling adverse to the prosecution are found in the new Part 67 (Appeal to the Court of Appeal against ruling adverse to prosecution).

• A new Part 67 (Appeal to the Court of Appeal against ruling adverse to prosecution), in substitution for the existing Part 67 (Appeal to the Court of Appeal against order restricting reporting or public access). The rules that relate to an appeal against an order restricting reporting or public access are found in the new Part 69 (Appeal to the Court of Appeal regarding reporting or public access restriction).

• A new Part 68 (Appeal to the Court of Appeal about conviction or sentence), in substitution for the existing Part 68 (Appeal to the Court of Appeal against conviction, sentence or sentence review decision).

• A new Part 69 (Appeal to the Court of Appeal regarding reporting or public access restriction), in substitution for the existing Part 69 (Reference to the Court of Appeal of point of law). The rules that relate to a reference to the Court of Appeal of a point of law are found in the new Part 70 (Reference to the Court of Appeal of point of law or unduly lenient sentencing).

• A new Part 70 (Reference to the Court of Appeal of point of law or unduly lenient sentencing), in substitution for the existing Part 70 (Reference to the Court of Appeal of unduly lenient sentence).

In addition the following amendments are made:

• Rule 2.2 (Definitions) is amended to provide definitions of “business day”, “live link” and “public interest ruling”.

• Part 63 (Appeal to the Crown Court against conviction or sentence) is amended to extend the ambit of those rules to an appeal by a prosecutor under section 14A(5A) of the Football Spectators Act 1989 (failure to make a football banning order). It is also amended to reproduce rule 4(1)(e) of the Crown Court Rules 1982, so that the Crown Court may, in certain circumstances, enter on an appeal with the judge sitting with a single justice, when hearing an appeal from a magistrates' court.

• Part 74 (Appeal to the House of Lords) is amended so that there are included in that Part provisions corresponding to those in existing rules 66.16 (Appeal to the House of Lords) and 69.5 (Reference to House of Lords) that are not reproduced in the new Parts 67 (Appeal to the Court of Appeal against ruling adverse to prosecution) and 70 (Reference to the Court of Appeal of point of law or unduly lenient sentencing).

The opportunity has been taken to correct some errors in those tables of contents relating to the service of documents.

The changes made by these Rules come into force on 1st October, 2007.