The Criminal Procedure (Amendment No. 2) Rules 2010

Amendments to the Criminal Procedure Rules 2010

8.  In Part 42 (Sentencing procedures in special cases)—

(a) in the table of contents, for the title to rule 42.3, substitute ‘Notification requirements’;

(b) for rule 42.3 (Defendant’s duty to notify information to police), and the heading and note to that rule, substitute—

“Notification requirements

42.3.— (1) This rule applies where, on a conviction, sentence or order, legislation requires the defendant—

(a) to notify information to the police; or

(b) to be included in a barred list.

(2) The court must tell the defendant that such requirements apply, and under what legislation.

[Note. For the circumstances in which a defendant is required to notify information to the police, see—

(a) Part 2 of, and Schedule 3 to, the Sexual Offences Act 2003(1) (notification after conviction of a specified sexual offence for which a specified sentence is imposed);

(b) Part 4 of the Counter Terrorism Act 2008(2) (notification after conviction of a specified offence of, or connected with, terrorism, for which a specified sentence is imposed).

For the circumstances in which a defendant will be included in a barred list, see paragraphs 1, 2, 7, 8 and 24 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006(3). See also paragraph 25 of that Schedule(4).

• These requirements are not part of the court’s sentence.]”; and

(c) in the note to rule 42.8 (Requests for medical reports, etc)—

(i) for paragraph (f), substitute—

“(f) section 157 of the Criminal Justice Act 2003(5), under which the court must usually obtain and consider a medical report before passing a custodial sentence if the defendant is, or appears to be, mentally disordered;

(g) section 207 of the 2003 Act(6) (in the case of a defendant aged 18 or over), or section 1(1)(k) of the Criminal Justice and Immigration Act 2008(7) (in the case of a defendant who is under 18), under which the court may impose a mental health treatment requirement.”,

(ii) in the fourth paragraph from the end of the note, after ‘the purposes of (f)’, insert ‘and (g)’.

(1)

2003 c. 42; Schedule 3 was amended by article 2 of S.I. 2007/296, section 63(2) of, and paragraph 63 of Schedule 6 to, the Serious Crimes Act 2007 (c. 27), section 148(1) of, and paragraphs 53 and 58 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c. 4) and section 177(1) of, and paragraph 62 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25). Other amendments to Schedule 3 are not relevant to these Rules.

(2)

2008 c. 28.

(3)

2006 c. 47; paragraphs 1, 2, 7 and 8 of Schedule 3 were amended by section 89 of the Policing and Crime Act 2009 (c. 26), paragraph 2 was also amended by section 81 of the 2009 Act. Paragraph 24 was amended by article 2 of S.I. 2008/3050.

(4)

2006 c. 47; paragraph 25 of Schedule 3 was amended by article 3 of S.I. 2008/3050 and section 81 of the Policing and Crime Act 2009 (c. 26).

(5)

2003 c. 44.

(6)

2003 c. 44; section 207 was amended by article 4(2) of, and paragraph 7 of Schedule 5 to, S.I. 2009/1182 and article 14(a) and (b) of, and Part 1 of Schedule 5 to, S.I. 2010/813.

(7)

2008 c. 4.