The Criminal Procedure Rules 2020

Recording and transcription of proceedings in the Crown Court E+W

5.5.—(1) Where someone may appeal to the Court of Appeal, [F1 paragraphs (2) to (4) apply and] the court officer must—

(a) arrange for the recording of the proceedings in the Crown Court, unless the court otherwise directs; and

(b) arrange for the transcription of such a recording if—

(i) the Registrar wants such a transcript, or

(ii) anyone else wants such a transcript (but that is subject to the restrictions in paragraph (2)).

(2) Unless the court otherwise directs, a person who transcribes a recording of proceedings under such arrangements—

(a) may only supply a transcript of a recording of a hearing in private to—

(i) the Registrar, or

(ii) an individual who was present at that hearing;

(b) if the recording of a hearing in public contains information to which reporting restrictions apply, may only supply a transcript containing that information to—

(i) the Registrar, or

(ii) a recipient to whom that supply will not contravene those reporting restrictions; but

(c) subject to paragraph (2)(a) and (b), must supply any person with any transcript for which that person asks—

(i) in accordance with the transcription arrangements made by the court officer, and

(ii) on payment by that person of any fee prescribed.

(3) A party who wants to hear a recording of proceedings must—

(a) apply—

(i) in writing to the Registrar, if an appeal notice has been served where Part 36 applies (Appeal to the Court of Appeal: general rules), or

(ii) orally or in writing to the Crown Court officer;

(b) explain the reasons for the request; and

(c) pay any fee prescribed.

(4) If the Crown Court or the Registrar so directs, the Crown Court officer must allow that party to hear a recording of—

(a) a hearing in public; and

(b) a hearing in private, if the applicant was present at that hearing.

[F2 (5) Where the court exercises at a hearing a power to which Part 47 applies (Investigation orders and warrants)—

(a) the court officer must arrange for the recording of that hearing unless the court otherwise directs; and

(b) paragraphs (6) to (9) apply.

(6) A party or person affected by the exercise of that power who wants to hear such a recording or who wants a transcript of such a recording must—

(a) apply in writing to the court officer;

(b) explain the reasons for the request; and

(c) pay any fee prescribed.

(7) On an application under paragraph (6) to hear a recording the court officer may allow the applicant to do so—

(a) where the hearing was in public;

(b) where the hearing was in private only if the applicant was present at that hearing; and

(c) subject to any direction by the court.

(8) On an application under paragraph (6) for a transcript of a recording the court officer may arrange for transcription—

(a) where the hearing was in public;

(b) where the hearing was in private only if the applicant was present at that hearing; and

(c) subject to any direction by the court.

(9) A person who transcribes such a recording—

(a) must supply a transcript of a hearing in public to any applicant under paragraph (6), subject to paragraph (9)(b);

(b) if the recording of a hearing in public contains information to which reporting restrictions apply, may only supply a transcript containing that information to a recipient to whom that supply will not contravene those restrictions;

(c) may only supply a transcript of a hearing in private to a recipient who was present at that hearing; and

(d) must supply any such transcript—

(i) in accordance with the transcription arrangements made by the court officer, and

(ii) on payment of any fee prescribed.]

[F3 [Note. Under section 32 of the Criminal Appeal Act 1968Criminal Procedure Rules may provide for the making of a record of any proceedings in respect of which an appeal lies to the Court of Appeal and for the making and supply of a transcript of such a record.]

For the circumstances in which reporting restrictions may apply, see the provisions listed in the note to rule 6.1. In summary, reporting restrictions prohibit the publication of the information to which they apply where that publication is likely to lead members of the public to acquire the information concerned.]

Textual Amendments

F1 Words in rule 5.5(1) inserted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(c)(i)

F2 Rule 5.5(5)-(9) inserted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(c)(ii)

F3 Words in rule 5.5 Note substituted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 5(c)(iii)

Commencement Information

I1 Rule 5.5 in force at 5.10.2020, see Preamble