Search Legislation

The Criminal Procedure Rules 2020

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Section 2.6

 Help about opening options

Alternative versions:

Status:

Point in time view as at 05/10/2020.

Changes to legislation:

The Criminal Procedure Rules 2020, Section 2.6 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Exercise of functions of the High CourtE+W

This section has no associated Explanatory Memorandum

2.6.—(1) This rule provides for the exercise by an authorised court officer of relevant judicialfunctions of the High Court in relation to its jurisdiction under the Extradition Act 2003(1).

(2) An authorised court officer may exercise any such function of the High Court to which the rules in Section 3 of Part 50 apply (Extradition; Appeal to the High Court), subject to—

(a)rule 2.4; and

(b)paragraph (3) of this rule.

(3) No court officer may—

(a)grant or withhold bail;

(b)impose or vary a condition of bail; or

(c)reopen a decision which determines an appeal or an application for permission to appeal,

unless paragraph (4) applies.

(4) If making a decision to which the parties have agreed in writing, an authorised court officer may—

(a)give or refuse permission to appeal;

(b)determine an appeal;

(c)grant or withhold bail; or

(d)impose or vary a condition of bail.

(5) Paragraph (6) of this rule—

(a)applies where a party wants a judge to reconsider a decision made by an authorised court officer; but

(b)does not apply where such an officer agrees to postpone the date on which the required period for extradition begins under section 36(3) of the Extradition Act 2003(2).

(6) Such a party must—

(a)apply for such a reconsideration as soon as reasonably practicable, and in any event no later than the earlier of—

(i)the next hearing before a judge, or

(ii)the fifth business day after the date on which notice of the decision is served on the applicant;

(b)unless the application is made at a hearing, serve the application on—

(i)the court officer, and

(ii)each other party (if any) affected by the decision; and

(c)in the application—

(i)specify the decision in issue,

(ii)explain why it is appropriate for the decision to be reconsidered and what decision the applicant thinks would be appropriate, and

(iii)ask for a hearing, if one is wanted, and explain why it is needed.

(7) The judge may determine the application—

(a)at a hearing (which may be in public or private), or without a hearing; and

(b)in the absence of—

(i)the applicant,

(ii)each other party (if any) affected by the decision.

(8) But the judge must not determine the application in the absence of an affected party unless that party has had—

(a)such notice as the nature and urgency of the application permits; and

(b)a reasonable opportunity to make written representations.

[Note. See also

(a)rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers;

(b)rule 2.10, which provides for extension of the time limit under this rule;

(c)rule 3.6 (Application to vary a direction); and

(d)rule 50.18 (Case management in the High Court).

For the functions of the High Court for which this rule provides, see the introductory note to Section 3 of Part 50. See also rule 50.30 for the constitution of the High Court when exercising the powers to which that Section of that Part applies.

Under section 36 of the Extradition Act 2003, where an extradition order has been made under Part 1 of the Act and the outcome of an appeal by the defendant is that he or she is to be extradited, then unless the requesting authority and the High Court agree to postpone that starting date the defendant must be removed to the requesting territory within 10 days starting with the day on which the decision of the relevant court on the appeal becomes final or proceedings on the appeal are discontinued.]

Commencement Information

I1Rule 2.6 in force at 5.10.2020, see Preamble

(2)

2003 c. 41; section 36 was amended by section 40 of, and paragraph 81 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules as a PDF

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources