The Criminal Procedure (Amendment) Rules 2009

Citation, commencement and interpretation

1.  These Rules may be cited as The Criminal Procedure (Amendment) Rules 2009 and shall come into force on 5th October 2009.

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.  After rule 2.1(15) (When the Rules apply), insert—

“(16) The rules in Part 6 apply in cases in which an application to which that Part applies is made on or after 5th October, 2009, and in other cases if the court so orders. Otherwise, the rules in Part 62 (Proceeds of Crime Act 2002 - rules applicable to investigations) apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.

(17) The rules in Part 22 apply in cases in which a step or an application to which that Part applies is taken or made on or after 5th October, 2009, and in other cases if the court so orders. Otherwise, the rules in Parts 25 (Applications for public interest immunity and specific disclosure) and 26 (Confidential material) apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.

(18) The rules in Part 62 apply in cases in which an application to which that Part applies is made on or after 5th October, 2009, and in other cases if the court so orders. Otherwise, the rules replaced by those rules apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.

(19) The rules in Part 76 apply in cases in which the court makes an order about costs on or after 5th October, 2009, and in other cases if the court so orders. Otherwise, the rules in Part 78 (Costs orders against the parties) apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.”.

4.  After rule 3.8 (3) (Case preparation and progression), insert—

“(4) In order to prepare for the trial, the court must take every reasonable step to encourage and to facilitate the attendance of witnesses when they are needed.”.

5.  In rule 4.7 (Documents that must be served only by handing them over, leaving or posting them)—

(a) for paragraph (1), substitute—

“(1) The documents listed in paragraph (2) may be served—

(a) on an individual, only under rule 4.3(1)(a) (handing over) or rule 4.4(1) and (2)(a) (leaving or posting); and

(b) on a corporation, only under rule 4.3(1)(b) (handing over) or rule 4.4(1) and (2)(b) (leaving or posting).”; and

(b) after paragraph (2), insert—

“(3) An application under rule 62.3 for the court to punish for contempt of court may be served—

(a) on an individual, only under rule 4.3(1)(a) (by handing it to him or her);

(b) on a corporation, only under rule 4.3(1)(b) (by handing it to a person holding a senior position in that corporation).”.

6.  For Part 5 (Forms), substitute the Part as set out in Schedule 1 to these Rules.

7.  For Part 6 (Court records), substitute the Part as set out in Schedule 2 to these Rules.

8.  In Part 14 (The indictment), in the Table of Contents,in the first column, for “Signature and service of indictment”, substitute “Service and signature of indictment”.

9.  In rule 14.1 (Signature and service of indictment)—

(a) in the heading, for “Signature and service of indictment”, substitute “Service and signature of indictment”; and

(b) in paragraph (3)(a), for “sign and date the draft, which then becomes an indictment;”, substitute “sign, and add the date of receipt on, the indictment;”.

10.  In rule 16.11(2)(d) (Crown Court hearings in chambers), for “63.2(5)”, substitute “63.9(a)”.

11.  In rule 17.2(4) (Notice of waiver), for “Under Secretary of State, Home Office, London SW1H 9AT”, substitute “Secretary of State for the Home Department, c/o Extradition Section, Home Office, 5th Floor, Fry Building, 2 Marsham Street, London SW1P 4DF”.

12.  In Part 19 (Bail in magistrates' courts and the Crown Court), in the Table of Contents—

(a) at the end of the first column, insert—

(i) “Grant of bail subject to electronic monitoring requirements”, and

(ii) “Grant of bail subject to accommodation or support requirements”; and

(b) at the end of the second column, insert—

(i) “rule 19.26”, and

(ii) “rule 19.27”.

13.  In Part 19 (Bail in magistrates' courts and the Crown Court)—

(a) in rule 19.2(6) (Application to a magistrates' court to reconsider grant of police bail), for “rule 4.2(1)”, substitute “rule 4.11”; and

(b) after rule 19.25, insert—

“Grant of bail subject to electronic monitoring requirements

19.26.— (1) This rule applies where the court imposes electronic monitoring requirements (where available) as a condition of bail.

(2) The court officer must—

(a) inform the person responsible for the monitoring (“the monitor”) of—

(i) the defendant’s name, and telephone number (if available),

(ii) the offence or offences with which the defendant is charged,

(iii) details of the place at which the defendant’s presence must be monitored,

(iv) the period or periods during which the defendant’s presence at that place must be monitored, and

(v) if fixed, the date on which the defendant must surrender to custody;

(b) inform the defendant and, where the defendant is under 16, an appropriate adult, of the monitor’s name, and the means by which the monitor may be contacted; and

(c) notify the monitor of any subsequent—

(i) variation or termination of the electronic monitoring requirements, or

(ii) fixing or variation of the date on which the defendant must surrender to custody.

[Note. Under section 3(6ZAA) of the Bail Act 1976(2), the conditions of bail that the court may impose include requirements for the electronic monitoring of a defendant’s compliance with other bail conditions, for example a curfew. Sections 3AA(3) and 3AB(4) of the Act set out conditions for imposing such requirements. Under section 3AC(5) of the Act, where the court imposes electronic monitoring requirements they must provide for the appointment of a monitor.]

Grant of bail subject to accommodation or support requirements

19.27.— (1) This rule applies where the court imposes as a condition of bail a requirement (where available) that the defendant must—

(a) reside in accommodation provided for that purpose by, or on behalf of, a public authority;

(b) receive bail support provided by, or on behalf of, a public authority.

(2) The court officer must—

(a) inform the person responsible for the provision of any such accommodation or support (“the service provider”) of—

(i) the defendant’s name, and telephone number (if available),

(ii) the offence or offences with which the defendant is charged,

(iii) details of the requirement,

(iv) any other bail condition, and

(v) if fixed, the date on which the defendant must surrender to custody;

(b) inform the defendant and, where the defendant is under 16, an appropriate adult, of—

(i) the service provider’s name, and the means by which the service provider may be contacted, and

(ii) the address of any accommodation in which the defendant must reside; and

(c) notify the service provider of any subsequent—

(i) variation or termination of the requirement,

(ii) variation or termination of any other bail condition, and

(iii) fixing or variation of the date on which the defendant must surrender to custody.”.

14.  For Part 22 (Disclosure by the prosecution), substitute the Part as set out in Schedule 3 to these Rules.

15.  Omit Parts 23 to 26 (Disclosure by the defence; Disclosure of expert evidence; Applications for Public Interest Immunity and specific disclosure; and Confidential material).

16.  For Part 27 (Witness statements), substitute the Part as set out in Schedule 4 to these Rules.

17.  In Part 32 (International co-operation)—

(a) in the Table of Contents—

(i) at the end of the first column, insert “Overseas freezing orders”; and

(ii) at the end of the second column, insert “rule 32.10”;

(b) in rule 32.9(1) (Overseas record), omit “and shall be kept in a separate book”; and

(c) after the note after rule 32.9 (Overseas record), insert—

“Overseas freezing orders

32.10.— (1) This rule applies where a court is nominated under section 21(1) of the Crime (International Co-operation) Act 2003(6) to give effect to an overseas freezing order.

(2) Where the Secretary of State serves a copy of such an order on the court officer—

(a) the general rule is that the court will consider the order no later than the next business day;

(b) exceptionally, the court may consider the order later than that, but not more than 5 business days after service.

(3) The court must not consider the order unless—

(a) it is satisfied that the chief officer of police for the area in which the evidence is situated has had notice of the order; and

(b) that chief officer of police has had an opportunity to make representations, at a hearing if that officer wants.

(4) The court may consider the order—

(a) without a hearing; or

(b) at a hearing, in public or in private.”.

18.  For Part 33 (Expert evidence), substitute the Part as set out in Schedule 5 to these Rules.

19.  In rule 39(1) (Time limits for beginning of trials), for “Supreme Court”, substitute “Senior Courts”.

20.  In Part 59 (Proceeds of Crime Act 2002 150 rules applicable only to restraint proceedings), in the Table of Contents—

(a) at the end of the first column, insert “Application to punish for contempt of court”; and

(b) at the end of the second column, insert “rule 59.6”.

21.  After rule 59.5 (Application for discharge of a restraint order by the person who applied for the order), insert—

“Application to punish for contempt of court

59.6— (1) This rule applies where a person is accused of disobeying a restraint order.

(2) An applicant who wants the Crown Court to exercise its power to punish that person for contempt of court must comply with the rules in Part 62 (Contempt of court).

[Note. The Crown Court has inherent power to punish for contempt of court a person who disobeys its order: see section 45 of the Senior Courts Act 1981(7).]”.

22.  In Part 61 (Proceeds of Crime Act 2002 150 150 rules applicable to restraint and receivership proceedings)—

(a) in rule 61.19 (Order for costs)—

(i) in paragraph (1), omit “under rule 78.1”,

(ii) in paragraph (5), omit “under rule 78.1”;

(b) at the end of the note after rule 61.19, insert “See section 52 of the Senior Courts Act 1981(8).”;

(c) in rules 61.20 and 61.21, for “taxing” wherever it occurs, substitute “assessing”;

(d) in rule 61.20(1)(b), for “rule 78.3”, substitute “rule 76.11”; and

(e) in rule 61.21(1)(b), for “rule 78.3”, substitute “rule 76.11”.

23.  For Part 62 (Proceeds of Crime Act 2002 150 150 150 rules applicable to investigations), substitute the Part as set out in Schedule 6 to these Rules.

24.  In Part 63 (Appeal to the Crown Court)—

(a) in rule 63.1(1)(a)(iii) (When this Part applies), after “2000”, insert “, or paragraphs 9(8) or 13(5) of Schedule 8 to the Criminal Justice Act 2003(9)”;

(b) in the note after rule 63.1 (When this Part applies)—

(i) for “Supreme Court”, substitute “Senior Courts”,

(ii) in sub-paragraph (c) of the second paragraph, after “2000”, insert “, or under paragraphs 9(8) or 13(5) of Schedule 8 to the Criminal Justice Act 2003”;

(c) in the note after rule 63.8 (Abandoning an appeal), for “Supreme Court”, substitute “Senior Courts”; and

(d) in the note after 63.10 (Constitution of the Crown Court), for “Supreme Court”, substitute “Senior Courts”.

25.  In rule 64.7(1) (Application to the Crown Court to state a case), for “Supreme Court”, substitute “Senior Courts”.

26.  In Part 65 (Appeal to the Court of Appeal: general rules)—

(a) in the note after rule 65.1(1) (When this Part applies), for “Supreme Court”, substitute “Senior Courts”;

(b) in the last paragraph of the note after rule 65.3 (Power to vary requirements), for “House of Lords”, substitute “Supreme Court”; and

(c) in rule 65.6 (Hearings)—

(i) for paragraph (3), substitute—

“(3) Where the appellant wants to appeal against an order restricting public access to a trial, the court—

(a) may decide without a hearing—

(i) an application, including an application for permission to appeal,

and

(ii) an appeal; but

(b) must announce its decision on such an appeal at a hearing in public.”;

(ii) in paragraph (4), for “House of Lords”, substitute “Supreme Court”.

27.  In the note after rule 68.3 (Form of appeal notice), for “Supreme Court”, substitute “Senior Courts”.

28.  In the note after rule 68.4 (Crown Court judge’s certificate that case is fit for appeal), for “Supreme Court”, substitute “Senior Courts”.

29.  In the note after rule 68.8 (Application for bail pending appeal or retrial), for “Supreme Court”, substitute “Senior Courts”.

30.  In Part 71 (Appeal to the Court of Appeal under the Proceeds of Crime Act 2002 150 150 150 150 general rules)—

(a) in the Table of Contents, at the end of the first column, for “House of Lords”, substitute “Supreme Court”; and

(b) in rule 71.10 (Appeal to House of Lords), for “House of Lords”, in each place it occurs, substitute “Supreme Court”.

31.  In Part 74—

(a) for “House of Lords”, in each place it occurs, substitute “Supreme Court”; and

(b) in the note after rule 74.1, omit the eighth paragraph, which provides—

• “When section 40 of the Constitutional Reform Act 2005 and Schedule 9, paragraphs 16, 23 and 48 of that Act come into force the Supreme Court will take over the jurisdiction of the House of Lords under the provisions listed above. When that happens, references in this Part to the House of Lords must be read as references to the Supreme Court.”.

32.  For Part 76 (Representation Orders), substitute the Part as set out in Schedule 7 to these Rules.

33.  Omit Part 77 (Recovery of defence costs orders) and Part 78 (Costs orders against the parties).

34.  In the Arrangement of Rules contained in the Criminal Procedure Rules 2005—

(a) in the entry for Part 5, for “Forms”, substitute “Forms and court records”;

(b) before the entry for Part 6 “Court records”, insert a new division heading “Preliminary proceedings”;

(c) in the entry for Part 6, for “Court records”, substitute “Investigation orders”;

(d) before the entry for Part 7 “Starting a prosecution in a magistrates' court”, omit the division heading “Preliminary proceedings”;

(e) in the entry for Part 22, for “Disclosure by the prosecution”, substitute “Disclosure”;

(f) omit the entries for Parts 23 to 26 (Disclosure by the defence; Disclosure of expert evidence; Applications for public interest immunity and specific disclosure; and Confidential material).

(g) before the entry for Part 62 (Proceeds of Crime Act 2002 150 150 150 150 150 rules applicable to investigations), insert a new division heading “Contempt of court”;

(h) in the entry for Part 62, for “Proceeds of Crime Act 2003 150 150 150 150 150 150 rules applicable to investigations”, substitute “Contempt of court”;

(i) in the entry for Part 74, for “House of Lords”, substitute “Supreme Court”;

(j) in the entry for Part 76, for “Representation Orders”, substitute “Costs”; and

(k) omit the entries for Part 77 (Recovery of Defence Costs Orders) and Part 78 (Costs orders against the parties).

Judge, C.J.

Hooper, L.J.

Thomas, L.J.

Openshaw, J.

Charles Wide

Roderick Denyer

Stephen Dawson

Nicholas Moss

Tessa Szagun

Keir Starmer

Patrick Gibbs

Tom Little

Michael Caplan

Derek French

Martin Baker

James Riches

Jeremy Corbett

I allow these Rules which shall come into force on 5th October 2009.

Jack Straw, Lord Chancellor

19th July 2009