The Criminal Procedure Rules 2012

EXPLANATORY NOTE

(This note is not part of the Rules)

The Criminal Procedure Rules 2012 consolidate the Criminal Procedure Rules 2011, S.I. 2011/1709, with the amendments made by S.I. 2011/3075. The new Rules incorporate the further amendments listed beneath. Otherwise, they reproduce the rules that they supersede.

Rule	Amendment
Part 2	Rule 2.1(3) is amended, to provide for the transition to these new rules. The rule that provided for the glossary is omitted and replaced by a note to rule 2.2. What was rule 2.5 (Representatives) is renumbered rule 2.4. The table of contents is amended correspondingly.
Part 4	Rules 4.4(1), 4.5, 4.6, 4.7(2)(f) and 4.10(2)(c) are amended to clarify the requirements for service to be effective and to make consequential amendments. The table of contents is amended correspondingly.
Part 6	Rule 6.1 is amended to describe more comprehensively the applications to which Part 6 applies. Rule 6.3 is amended to allow the court to determine an application without a hearing, subject to exceptions; and to require of the applicant a declaration of truth. Rule 6.5 is amended to require service on the court officer of documents used in an application made when the court office is closed. Rules 6.27 and 6.28 are added, to provide for local authority applications to magistrates’ courts for orders approving the authorisation of certain investigatory measures. Rules 6.2, 6.14(2)(c) and 6.16 are amended consequentially. The table of contents is amended correspondingly.
Part 9	Rule 9.3 is amended to clarify the details a court must specify when sending a defendant for Crown Court trial. Rule 9.7 is amended to clarify the effect of a defendant’s indication of intended plea on being sent for Crown Court trial under that rule.
Part 10	Rule 10.5(1) is amended to incorporate a reference to business days as defined in rule 2.2.
Part 16	Rule 16.5 is amended to provide for appeals to the Crown Court about restrictions on reporting allegations against teachers. Rules 16.2(2) and 16.7(1) are amended consequentially.
Part 18	Rules 18.2, 18.3(1)(a) and 18.4(1)(a) are amended to improve the consistency of expression within those rules. Rule 18.4(2)(a) is amended to bring up to date the cross-references it contains.
Part 19	The Part is replaced.
Part 20	The Part is omitted.
Part 27	Rule 27.4(1) is amended to allow for the service of an authenticated copy witness statement.
Part 34	Rule 34.2(1) is amended to require notice of an intention to introduce hearsay evidence under section 117(1)(c) of the Criminal Justice Act 2003 (evidence in a statement prepared for the purposes of criminal proceedings). Rule 34.3(2)(d) is amended to clarify the requirement to explain an objection to hearsay evidence.
Part 37	Rules 37.4 and 37.5 are amended to provide separately for the introduction of oral evidence and all types of written hearsay evidence, respectively. The table of contents is amended correspondingly.
Part 41	Rule 41.5(1), (2) is amended in consequence of the new rules in Part 19. Rules 41.11(4) and 41.12(1) are amended to omit the requirement for applications under those rules to be in a prescribed form.
Part 42	Rule 42.2 is amended to provide for suspended sentence orders under which no additional requirements are imposed; to provide for notification of the person concerned where the court imposes a requirement for the protection of that person; and to make consequential amendments. The table of contents is amended correspondingly.
Part 50	Rule 50.2(3)(b) is amended to clarify the circumstances in which a court is required to explain why a parenting order has not been made.
Part 52	Rule 52.7(1)(a) is amended to improve the consistency of expression within that rule.
Part 57	Rule 57.9 is amended to correct the paragraphing and improve the consistency of expression within that rule. What was rule 57.11(4) is renumbered rule 57.11(2) in consequence of the omission by S.I. 2011/3075 of what was rule 57.11(2), (3), and what were rules 57.13, 57.14 and 57.15 are renumbered 57.12, 57.13 and 57.14 respectively, in consequence of the omission by S.I. 2011/3075 of what was rule 57.12. The table of contents is amended correspondingly.
Part 58	What was rule 58.12(4) is renumbered 58.12(2) in consequence of the omission by S.I. 2011/3075 of what was rule 58.12(2), (3).
Part 63	Rule 63.1(d) is amended to provide for appeals to the Crown Court against parenting orders. Rules 63.2 and 63.4 are amended to provide for applications to suspend disqualifications pending appeal.
Part 64	The Part is replaced.

Amendments to notes to rules. The notes at the end of Part 3 and at the beginning of Part 10, and the notes to rules 2.4, 5.8, 6.1, 6.6, 6.14, 6.15, 6.16, 6.17, 6.18, 6.19, 8.1, 16.1, 16.5, 18.3, 18.4, 27.4, 33.6, 34.2, 36.2, 37.5, 42.2, 50.2, 55.2, 63.1 and 63.2, all are amended to bring up to date the cross-references they contain.

These Rules come into force on 1st October 2012.