EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules amend the Criminal Procedure Rules 2020, S.I. 2020/759, as follows:
| Rule | Amendment |
|---|---|
| Part 1 | Rule 1.1 is amended to include the treatment of participants with politeness and respect as part of the overriding objective of the Rules. |
| Part 3 | Rule 3.3 is amended to require the parties to alert the court (i) to any impediment to the defendant’s effective participation, and (ii) to any family proceedings related to the criminal case. Rule 3.5 is amended to refer to the criminal court’s powers to seek information from, and to supply information to, a court dealing with family proceedings. Rules 3.16 and 3.21 are amended to remove the obligations to require the defendant’s nationality at the beginning of cases in a magistrates’ court and in the Crown Court: see also the amendments to rules 24.15 and 25.18. |
| Part 18 | A new rule 18.3 and new rules 18.27 to 18.32 are added to govern the procedure where the court approves or appoints an intermediary for a witness or a defendant. The heading to Part 18, rules 18.1 to 18.7 as they are now, and the note at the end of Part 18, all are amended in consequence. Under rule 2.1(4)(e), rule 18.1 and rule 18.4, as they are now, already are temporarily amended and those temporary amendments also are adjusted in consequence. |
| Part 24 | Rule 24.15 is amended to require the custodian of a defendant who, in a magistrates’ court, receives a custodial sentence to obtain and record that defendant’s nationality. See also the amendment to rule 3.16. |
| Part 25 | Rule 25.18 is amended to require the custodian of a defendant who, in the Crown Court, receives a custodial sentence to obtain and record that defendant’s nationality. See also the amendment to rule 3.21. |
| Part 36 | Rule 36.8 is amended to require the Crown Court officer to make available to the Registrar of Criminal Appeals information and documents that have been received and stored electronically. |
| Part 37 | Rule 37.3 is amended to require the appellant to include in the appeal notice electronic links to relevant documents. Rule 37.5 is amended to require the respondent to include such links in the respondent’s notice. |
| Part 38 | Rule 38.4 is amended to require the appellant to include in the appeal notice electronic links to relevant documents. Rule 38.7 is amended to require the respondent to include such links in the respondent’s notice. |
| Part 39 | Rule 39.3 is amended to require the appellant to include in the appeal notice electronic links to relevant documents. Rule 39.6 is amended to require the respondent to include such links in the respondent’s notice. |
| Part 40 | Rule 40.3 is amended to require the appellant to include in the appeal notice electronic links to relevant documents. Rule 40.6 is amended to require the respondent to include such links in the respondent’s notice. |
| Part 41 | Rule 41.3 is amended to require the appellant to include in the appeal notice electronic links to relevant documents. Rule 41.4 is amended to require the respondent to include such links in the respondent’s notice. |
| Part 47 | Rules 47.5, 47.6, 47.7, 47.8, 47.11, 47.13, 47.17 and 47.20 are amended more clearly to allow for the possibility of there being no respondent to an application for a disclosure order. |
| Part 50 | Rules 50.3, 50.11, 50.12 and 50.16 are amended to provide for the amendments to the Extradition Act 2003 made by the Extradition (Provisional Arrest) Act 2020. |
Amendments consequent on the Sentencing Act 2020. The following rules and notes to rules (‘n’) are amended to substitute references to provisions of the Sentencing Act 2020 for references to provisions that that Act supersedes: 9.8(n), 9.11(n), 9.13(n), 24.1(n), 24.11(n), 25.2, 25.2(n), 25.16(n), 28.1(n), 28.2(n), 28.4(n), 28.5(n), 28.7(n), 28.8(n), 28.10(n), 28.11(n), 29.3(n), 30.5, 30.5(n), 31.1(n), 31.2(n), 31.3(n), 32.1, 32.1(n), 39.1 and 39.1(n).
Amendments consequent on the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 and the Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019. The following rules and notes to rules (‘n’) are omitted or amended to remove provisions that supplement or refer to legislation repealed or revoked by those Regulations: 14.1, 14.2(n), 14.7(n), 14.16, 14.17, Part 14(n), 18.24, 18.25, Part 18(n), 21.2(n), 30.10, 31.1, 31.2, 31.9, 31.10, 39.8, 47.1, 47.59 to 47.61, 49.12 to 49.17, 50.1. Those Regulations include transitional and saving provisions the effect of which is that in some circumstances legislation which the Criminal Procedure Rules 2020 supplement is preserved. Therefore rule 3 of these Amendment Rules includes a corresponding transitional and saving provision.
Correction of errors, etc. Rules 33.59 and 44.2 are amended to correct errors that they contain. The note to rule 47.24 is amended to include a reference to the powers of different judges under the Proceeds of Crime Act 2002.
Amendments consequent on other amendments. The following other rules and notes to rules (‘n’) are amended in consequence of the other amendments listed above: 2.2, 3.8(n), 22.7.
The following come into force on 8th February 2021—
(a)the amendment in Part 1 to the overriding objective;
(b)the amendments in Parts 3, 24 and 25 to the rules about obtaining a defendant’s nationality;
(c)the amendments in Part 47 that apply to applications for disclosure orders;
(d)the amendments in Part 50 that supplement the Extradition (Provisional Arrest) Act 2020;
(e)the amendments consequent on the Sentencing Act 2020;
(f)the amendments consequent on the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 and the Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019; and
(g)the amendments that correct errors.
The following come into force on 5th April 2021—
(a)the amendments in Part 3 about (i) the parties’ duties and (ii) the exchange of information with courts dealing with related family proceedings;
(b)the amendments in Part 18 about intermediaries; and
(c)the amendments in Parts 36, 37, 38, 39, 40 and 41 about electronic links to documents for the Court of Appeal.