The Criminal Procedure Rules 2020

[F1 ACCESS TO INFORMATION IN COURT RECORDS E+W

Textual Amendments

F1 Rules 5.7-5.11 and cross-heading substituted for rules 5.7, 5.8 (4.10.2021) by The Criminal Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/849), rules 1, 5(c)

The open justice principle E+W

5.7.— (1) Where rules 5.8, 5.9, 5.10 and 5.11 apply, as well as furthering the overriding objective in accordance with rules 1.2 and 1.3 the court officer and the court must have regard to the importance of—

(a) dealing with criminal cases in public;

(b) allowing a public hearing to be reported to the public; and

(c) the rights of a person affected by a direction or order made, or warrant issued, by the court to understand why that decision was made.

(2) In rules 5.10 and 5.11 this requirement is called ‘the open justice principle’.

Request for information about a case E+W

5.8.— [F2 (1) This rule—

(a) applies where anyone, including a member of the public or a reporter, requests information about a case including information contained in materials kept by the court officer for the purposes of the case; but

(b) does not apply if rule 5.12 applies [F3 (Request for certificate, extract or information under other legislation)].]

(2) A person requesting information must—

(a) ask the court officer;

(b) specify the information requested; and

(c) pay any fee prescribed.

(3) The request—

(a) may be made orally or in writing, and need not explain why the information is requested, if this rule requires the court officer to supply that information; but

(b) must be in writing, unless the court otherwise permits, and must explain why the information is requested, if this rule does not so require.

(4) Subject to paragraph (5), the court officer must supply to the person making the request—

(a) the date of a hearing in public;

(b) each alleged offence and any plea entered;

(c) the court’s decision—

(i) at a hearing in public,

(ii) [F4 to grant or withhold bail, or to impose or vary a bail condition], or

(iii) about the committal, sending or transfer of the case to another court;

(d) whether the case is under appeal;

(e) the outcome of the case;

(f) the identity of—

(i) the prosecutor,

(ii) the defendant, including the defendant’s date of birth,

(iii) the parties’ representatives, including their addresses, and

(iv) the judge, magistrate or magistrates, or justices’ legal adviser by whom a decision at a hearing in public was made;

(g) such other information about the case as is required by arrangements to which paragraph (6)(c) refers; F5 ...

(h) details of any reporting or access restriction ordered by the court [F6 ; and]

[F7 (i) notice that reporting restrictions may apply to the publication of information supplied under this rule.]

(5) The court officer must not supply the information requested if—

(a) the supply of that information is prohibited by a reporting restriction;

(b) that information is—

(i) the date of a hearing in public of which a party has yet to be notified, or

(ii) a recording arranged under rule 5.5 (Recording and transcription of proceedings in the Crown Court), or a copy or transcript of such a recording;

(c) that information concerns a trial in which the verdict was more than 6 months ago; or

(d) that information is not readily available to the court officer (for example, because of the location or conditions of its storage).

(6) Where the court officer must supply the information requested the supply may be—

(a) by word of mouth;

(b) in writing, including by written certificate or extract from a court record; or

(c) by such other arrangements as the Lord Chancellor directs, including supply by electronic means.

(7) Where this rule does not require the court officer to supply the information requested then unless that information can be supplied under rule 5.9—

(a) the court officer must refer the request to the court; and

(b) rule 5.10 applies.

[Note. See also rule 5.7 (The open justice principle).]

Textual Amendments

F2 Rule 5.8(1) substituted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 5(a)(i)

F3 Words in rule 5.8(1)(b) substituted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(d)

F4 Words in rule 5.8(4)(c)(ii) substituted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 5(a)(ii)

F5 Word in rule 5.8(4)(g) omitted (3.4.2023) by virtue of The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 5(a)(iii)

F6 Word in rule 5.8(4)(h) inserted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 5(a)(iv)

F7 Rule 5.8(4)(i) inserted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 5(a)(v)

Request for information by a party or person directly affected by a case E+W

5.9.— (1) This rule applies where a party, or a person directly affected by a direction or order made or warrant issued by the court, wants information about their case [F8 including information contained in materials kept by the court officer for the purposes of that case].

(2)  Such a party or person must—

(a) ask the court officer;

(b) specify the information requested; and

(c) pay any fee prescribed.

(3) The request—

(a) may be made orally or in writing, and need not explain why the information is requested, if this rule requires the court officer to supply that information; but

(b) must be in writing, unless the court otherwise permits, and must explain why the information is requested, if this rule does not so require.

(4) Subject to paragraph (5), the court officer must supply to the party or person making the request—

(a) information about the terms of any direction or order made, or warrant issued, which was—

(i) served on, or addressed or directed to, that party or person, or

(ii) made on an application by that party or person; and

(b) information received from that party or person (which might be, for example, to establish what information the court holds, or in case of a loss of that information by the party or person making the request).

(5) The court officer must not supply the information requested if that information—

(a) concerns the grounds on which a direction or order was made, or a warrant issued, in the absence of the party or person making the request;

(b) is a recording arranged under rule 5.5 (Recording and transcription of proceedings in the Crown Court), or a copy or transcript of such a recording; or

(c) is not readily available to the court officer (for example, because of the location or conditions of its storage).

(6) Where the court officer must supply the information requested the supply may be, at the choice of the party or person making the request—

(a) by word of mouth;

(b) in writing, including by written certificate or extract from a court record; or

(c) by a copy of a document served by, or on, that party or person (but not of a document not so served).

(7) Where this rule does not require the court officer to supply the information requested—

(a) the court officer must refer the request to the court; and

(b) rule 5.10 applies.

[Note. See also rule 5.7 (The open justice principle).]

Textual Amendments

F8 Words in rule 5.9 inserted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 7(d)

Request for information determined by the court E+W

5.10.— (1) This rule applies where the court officer refers to the court a request for information under rule 5.8 (Request for information about a case) or rule 5.9 (Request for information by a party or person directly affected by a case).

(2) The court officer must—

(a) serve the request on—

(i) the applicant for any direction, order or warrant that the request concerns which was made or issued in the absence of the party or person making the request, and

(ii) anyone else, and to such extent, as the court directs; and

(b) notify the party or person making the request of—

(i) the date of its service under this rule, and

(ii) the identity of each person served with it, if the court so directs.

(3) If a party or person served with the request objects to the supply of information requested the objector must—

(a) give notice of the objection not more than 20 business days after service of the request, or within any longer period allowed by the court;

(b) serve that notice on the court officer and on the party or person making the request; and

(c) if the objector wants a hearing, explain why one is needed.

(4) A notice of objection must explain—

(a) whether the objection is to the supply of the whole of the information requested, or only to the supply of a specified part or specified parts;

(b) whether the objection applies without limit of time, or only for a specified period (for example, until a date or event specified by the objector); and

(c) the grounds of the objection.

(5) Where a notice of objection includes material that the objector thinks ought not be revealed to the party or person making the request, the objector must—

(a) omit that material from the notice served on that party or person;

(b) mark the material to show that it is only for the court; and

(c) with that material include an explanation of why it has been withheld.

(6) The court must not determine the request, and information requested must not be supplied, until—

(a) each party or person served with the request has had at least 20 business days, or any longer period allowed by the court, in which to object or make other representations; and

(b) the court is satisfied that in all the circumstances every such party or person has had a reasonable opportunity to do so.

(7) The court may determine the request—

(a) without a hearing; or

(b) at a hearing, which—

(i) may be in public or private, but

(ii) must be in private, unless the court otherwise directs, where the request concerns a direction, order or warrant made or issued in the absence of the party or person making the request.

(8) Where a notice of objection includes material that the objector thinks ought not be revealed to the party or person making the request—

(a) any hearing of the request may take place, wholly or in part, in the absence of the party or person making it; and

(b) at any such hearing the general rule is that the court must consider, in the following sequence—

(i) representations first by the party or person making the request and then by the objector, in the presence of both, and then

(ii) further representations by the objector, in the absence of the party or person making the request

but the court may direct other arrangements for the hearing.

(9) In deciding whether to order the supply of the information requested the court must have regard to—

(a) the open justice principle;

(b) any reporting restriction;

(c) rights and obligations under other legislation;

(d) the importance of any public interest in the withholding of that information, or in its supply only in part or subject to conditions (which public interest might be, for example, in preventing injustice, protecting others’ rights, protecting the confidentiality of a criminal investigation or protecting national security); and

(e) the extent to which that information is otherwise available to the party or person making the request.

(10) Where the court orders the supply of the information requested the supply may be, at the court’s direction [F9 and on such terms as the court directs]—

(a) by word of mouth;

(b) in writing, including by written certificate or extract from a court record; F10 ...

(c) by a copy of a document. [F11 or]

[F12 (d) by allowing access to a document, including a recording (other than a recording to which rule 5.5 applies (Recording and transcription of proceedings in the Crown Court)).]

[Note. See also rule 5.7 (The open justice principle).

The court’s decision under this rule may be affected by—

(a) a reporting restriction imposed by legislation or by the court (Part 6 lists the reporting restrictions that might apply);

(b) Articles 6, 8 and 10 of the European Convention on Human Rights;

(c) the Rehabilitation of Offenders Act 1974 (section 5 of the Act lists sentences and rehabilitation periods);

(d) section 18 of the Criminal Procedure and Investigations Act 1996, which affects the supply of information about material, other than evidence, disclosed by the prosecutor;

(e) Part 3 of the Data Protection Act 2018 (sections 43(3) and 117 of which make exceptions for criminal proceedings from some other provisions of that Act); and

(f) sections 33, 34 and 35 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which affect the supply of information about applications for legal aid.]

Textual Amendments

F9 Words in rule 5.10(10) inserted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 7(e)(i)

F10 Word in rule 5.10(10)(b) omitted (3.10.2022) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 7(e)(ii)

F11 Word in rule 5.10(10)(c) inserted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 7(e)(iii)

F12 Rule 5.10(10)(d) inserted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 7(e)(iv)

[F13 Publication of information about court hearings, etc.] E+W

5.11.— (1) Where a case is due to be heard in public, the court officer must—

(a) publish the information listed in paragraph (2)—

(i) if that information is available to the court officer, and

(ii) unless the publication of that information is prohibited by a reporting restriction; and

(b) publish that information for no longer than 5 business days—

(i) by notice displayed somewhere prominent in the vicinity of a court room in which the hearing is due to take place, and

(ii) by such arrangements as the Lord Chancellor directs, including arrangements for publication by electronic means, but only to the extent needed to comply with the open justice principle.

(2) The information that paragraph (1) requires the court officer to publish is—

(a) the date, time and place of the hearing;

(b) the identity of the defendant; F14 ...

[F15 (c) by notice under paragraph (1)(b)(i), such other information as it may be practicable to publish concerning—

(i) the type of hearing,

(ii) the identity of the prosecutor,

(iii) the identity of the court, and

(iv) any reporting or access restriction that applies; and

(d) by arrangements under paragraph (1)(b)(ii), such other information as it may be practicable to publish concerning—

(i) the details listed in paragraph (2)(c), and

(ii) the offence or offences alleged.]

(3) [F16 Where 15 business days have expired after service on the defendant of a written charge and other documents] under rule 24.9 (Single justice procedure: special rules), the court officer must—

(a) publish the information listed in paragraph (4) if—

(i) the information is available to the court officer, and

(ii) the publication of the information is not prohibited by a reporting restriction; and

(b) publish that information for no longer than 5 business days by such arrangements as the Lord Chancellor directs, including arrangements for publication by electronic means, but only to the extent needed to comply with the open justice principle.

(4) The information that paragraph (3) requires the court officer to publish is—

(a) the identity of the defendant;

(b) the identity of the prosecutor;

(c) the offence or offences alleged; and

[F17 (d) such other information as it may be practicable to publish about any reporting restriction that applies.]

[F18 (5) If it is not practicable to publish the information about reporting or access restrictions that this rule requires then the court officer must publish a notice or notices by such arrangements as the Lord Chancellor directs—

(a) warning that such restrictions may apply to a case information about which is published under this rule;

(b) explaining the general effect of such restrictions; and

(c) explaining how further information about such restrictions may be obtained, generally and in relation to an individual case.]

[Note. See also rule 5.7 (The open justice principle).]]

Textual Amendments

F13 Rule 5.11 heading substituted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(e)(i)

F14 Word in rule 5.11(2)(b) omitted (2.10.2023) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(e)(ii)

F15 Rule 5.11(2)(c)(d) substituted for rule 5.11(2)(c) (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(e)(iii)

F16 Words in rule 5.11(3) substituted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(e)(iv)

F17 Rule 5.11(4)(d) substituted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 7(f)(ii)

F18 Rule 5.11(5) inserted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 7(f)(iii)

[F19 Request for certificate, extract or information under other legislation] E+W

[F20 5.12.]—(1) This rule applies where legislation [F21 other than these Rules]—

(a) allows a certificate of conviction or acquittal, or an extract from records kept by the court officer, to be introduced in evidence in criminal proceedings; or

(b) [F22 requires or permits] [F23 information about a case, including information contained in materials kept by the court officer for the purposes of the case,] to be supplied by the court officer to a specified person for a specified purpose.

(2) A person who wants such a certificate or extract [F24 , or such information,] must—

(a) apply in writing to the court officer;

(b) specify the certificate [F25 , extract or information] required;

(c) explain under what legislation and for what purpose it is required; and

(d) pay any fee prescribed.

(3) If the application satisfies the requirements of that legislation, the court officer must supply the certificate [F26 , extract or information] requested—

(a) to a party; and

(b) unless the court otherwise directs, to any other applicant.

[Note. Under sections 73 to 75 of the Police and Criminal Evidence Act 1984, a certificate of conviction or acquittal, and certain other details from records to which this Part applies, may be admitted in evidence in criminal proceedings.

[F27 Examples of legislation to which paragraph (1)(b) of this rule applies include (this is not a complete list)—

(a) section 17 of the Criminal Appeal Act 1995, under which information may be required by the Criminal Cases Review Commission;

(b) section 115 of the Crime and Disorder Act 1998, under which information may be supplied to specified authorities for the purposes of that Act; F28 ...

[F29 (c) section 14 of the Offender Management Act 2007, under which information may be supplied to specified persons for offender management purposes; and]

[F30 (d)] article 7 of the Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021, under which information may be required to assist in a review of Scottish criminal records concerning a time at which the subject of those records was under 12 years old.]

Under section 92 of the Sexual Offences Act 2003, a certificate which records a conviction for an offence and a statement by the convicting court that that offence is listed in Schedule 3 to the Act is evidence of those facts for certain purposes of that Act.

A certificate of conviction or acquittal, and certain other information, required for other purposes, may be obtained from the Secretary of State under sections 112, 113A and 113B of the Police Act 1997.

This rule applies where certificates or extracts from court records are required for use in evidence or for some other purpose specified in legislation. Where this rule does not apply, information about a case may be obtained under rule 5.8.]

Textual Amendments

F19 Rule 5.12 heading substituted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(f)(i)

F20 Rule 5.9 renumbered as rule 5.12 (4.10.2021) by The Criminal Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/849), rules 1, 5(b)(ii)

F21 Words in rule 5.12(1) inserted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 5(b)(i)

F22 Words in rule 5.12(1)(b) substituted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(f)(ii)

F23 Words in rule 5.12(1)(b) substituted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 5(b)(ii)

F24 Words in rule 5.12(2) inserted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 5(b)(iii)

F25 Words in rule 5.12(2)(b) substituted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 5(b)(iv)

F26 Words in rule 5.12(3) substituted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 5(b)(iv)

F27 Words in rule 5.12 Note substituted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 5(b)(v)

F28 Word in rule 5.12 Note omitted (2.10.2023) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(g)(i)

F29 Words in rule 5.12 Note inserted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(g)(iii)

F30 Words in rule 5.12 Note renumbered (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(g)(ii)