PART 2UNDERSTANDING AND APPLYING THE RULES

When the Rules apply

2.1.—(1) In general, the Criminal Procedure Rules apply―

(a)in all criminal cases in magistrates’ courts and in the Crown Court; and

(b)in all cases in the criminal division of the Court of Appeal.

(2) If a rule applies only in one or two of those courts, the rule makes that clear.

(3) The Rules apply on and after 1st October, 2012, but unless the court otherwise directs they do not affect a right or duty existing under The Criminal Procedure Rules 2011(1).

(4) Rule 9.6, and the rules in Section 3 of Part 9 (Allocation and sending for trial), apply only where there have come into force the amendments made by Schedule 3 to the Criminal Justice Act 2003(2) (Allocation of cases triable either way, and sending cases to the Crown Court, etc.) which confer the powers to which those rules apply.

[Note. The rules replaced by the first Criminal Procedure Rules (The Criminal Procedure Rules 2005 (3)) were revoked when those Rules came into force by provisions of the Courts Act 2003, The Courts Act 2003 (Consequential Amendments) Order 2004 (4) and The Courts Act 2003 (Commencement No. 6 and Savings) Order 2004 (5). The first Criminal Procedure Rules reproduced the substance of all the rules they replaced.]

(2)

2003 c. 44; Schedule 3 was amended by sections 53 and 149 of, and paragraphs 1 to 10 of Schedule 13 and Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4) and section 378 of, and Schedule 17 to, the Armed Forces Act 2006 (c. 52). It is further amended by section 149 of, and Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4) and Schedule 23 to the Coroners and Justice Act 2009 (c. 25), with effect from a date to be appointed.