The Criminal Procedure (Amendment) (EU Exit) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) to amend legislation in consequence of the withdrawal of the UK from the European Union.

The procedure rules amended by these Regulations supplement and apply provisions which are repealed, revoked or disapplied by the 2018 Act, by the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019, S.I. 2019/742 or by the Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019, S.I. 2019/747. Those other Regulations include transitional and saving provisions the effect of which is that in some circumstances legislation which the rules supplement is preserved. Therefore these Regulations include a transitional and saving provision to preserve those rules for those purposes.

These Regulations amend the Crown Court Rules (Northern Ireland) 1979 as follows:

Rule	Amendment
Rules 58A, 58B, 60A, 60B and 62A	There are omitted rules that supplement the Crime (International Co-operation) Act 2003.
Rules 61 and 62B	There are consequentially amended rules that supplement the Crime (International Co-operation) Act 2003.
Rules 62C to 62M	There are omitted rules that supplement the Criminal Justice (European Investigation Order) Regulations 2017, which gave effect in the United Kingdom to Directive 2014/41/EU of the European Parliament and of the Council regarding the European Investigation Order in criminal matters.

These Regulations amend the Magistrates’ Courts Rules (Northern Ireland) 1984 as follows:

Rule	Amendment
Rules 52GA, 52GB, 52IA, 52IB and 52L 3	There are omitted rules that supplement the Crime (International Co-operation) Act 2003.
Rules 52D, 52J and 52M	There are consequentially amended rules that supplement the Crime (International Co-operation) Act 2003.
Rules 52O to 52Q	There are omitted rules that supplement the Criminal Justice (European Investigation Order) Regulations 2017, which gave effect in the United Kingdom to Directive 2014/41/EU of the European Parliament and of the Council regarding the European Investigation Order in criminal matters.

These Regulations amend the Criminal Procedure Rules 2015 as follows:

Rule	Amendment
Part 3	There is omitted a reference to Directive 2010/64/EU of the European Parliament and of the Council of 20th October, 2010, on the right to interpretation and translation in criminal proceedings.
Part 14	There are omitted rules that supplement the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, which gave effect to Council Framework Decision 2009/829/JHA of 23rd October, 2009, on the application, between member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (bail conditions pending trial).
Part 18	There are omitted rules that supplement the Criminal Justice (European Investigation Order) Regulations 2017, which gave effect in the United Kingdom to Directive 2014/41/EU of the European Parliament and of the Council regarding the European Investigation Order in criminal matters.
Part 21	There is omitted a reference to the admissibility in criminal proceedings in England and Wales of a criminal conviction imposed in a European Union member State.
Part 30	There is omitted a rule that supplements section 84 of the Criminal Justice and Immigration Act 2008 which concerns enforcement of a financial penalty to which applies the Framework Decision of the Council of the European Union 2005/214/JHA, as amended by Council Framework Decision 2009/299/JHA, on the application of the principle of mutual recognition to financial penalties.
Part 31	There are omitted rules that supplement the Criminal Justice (European Protection Order) Regulations 2014, which gave effect to Directive 2011/99/EU of the European Parliament and of the Council of 13th December, 2011, on the European protection order.
Part 39	There is omitted a rule that supplements the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (and see the note above about Part 14).
Part 44	There are omitted the rules governing procedure in England and Wales on a request to the Court of Justice of the European Union to give a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union.
Part 47	There are omitted rules that supplement the Criminal Justice (European Investigation Order) Regulations 2017 (and see the note above about Part 18).
Part 49	There are omitted rules that supplement the Crime (International Co-operation) Act 2003, the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 and the Criminal Justice (European Investigation Order) Regulations 2017 (and see the notes above about Parts 14 and 18).
Part 50	There is omitted a reference to the European arrest warrant.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen in consequence of this instrument itself.