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The Criminal Procedure (Amendment No. 2) Rules 2019
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- UK Statutory Instruments
- 2019 No. 1119 (L. 9)
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules amend the Criminal Procedure Rules 2015, S.I. 2015/1490, as follows:
| Rule | Amendment |
|---|---|
| Part 3 | Rule 3.24 is amended to require confirmation that the defendant understands the allegations against him or her at arraignment in the Crown Court, which usually will occur during preparation for trial. |
| Part 24 | Rule 24.17 is amended to allow a justices’ legal adviser to take a statutory declaration to which that rule refers. |
| Part 25 | Rule 25.2 is amended to require confirmation that the parties are content with the terms of the indictment, and that the defendant understands the allegations against him or her, immediately before trial in the Crown Court begins. |
| Part 28 | Rule 28.4 is amended to require the announcement in public of a decision to vary a sentence, or of a refusal to do so. |
| Part 29 | Rule 29.4 is amended to allow a justices’ legal adviser to take a statutory declaration to which that rule refers. |
| Part 34 | Rules 34.2 and 34.4 are amended the more clearly to accommodate an application to suspend an order made under the Licensing Act 2003 pending an appeal to the Crown Court. |
| Part 39 | Rules 39.3 and 39.8 are amended the more clearly to accommodate an application to suspend a disqualification from driving or an order made under the Licensing Act 2003 pending an appeal to the Court of Appeal. |
| Part 47 | Rule 47.1 is amended in consequence of the addition of new rules 47.66 to 47.71. The new rules are added to provide for applications to a Crown Court judge under the Crime (Overseas Production Orders) Act 2019. |
Amendments to cross-references. Rule 3.13(2)(b), the note to rule 3.24 and rule 10.2(5)(b) are amended to make consequential and other corrections to the cross-references that they contain.
These Rules come into force on 7th October 2019. If the amendments to Part 47 of the Criminal Procedure Rules 2015 made by the Criminal Procedure (Amendment) (EU Exit) Regulations 2019, S.I. 2019/908, come into force before that date then the amendments to that Part made by rule 12 of these Rules are adapted in accordance with rule 13.
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