The Criminal Procedure Amendment No Rules by alicejenny

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									             The Criminal Procedure (Amendment No. 2) Rules 2010
                         SI number 3026 of 2010 (L.19)

                     Guide for Court Users, Staff and Practitioners

                                             December 2010


Summary

On 4th April 2011, The Criminal Procedure (Amendment No. 2) Rules 2010 will come
into force, affecting procedures used in magistrates’ courts, the Crown Court and the
Court of Appeal, Criminal Division. This Guide explains the types of change and is
intended for court users, staff and practitioners.

The following additions and revisions are included:

         New procedure rules about
                  discontinuing a prosecution; and
                  contempt of court.

         Amended rules about
            service of documents;
                  defence disclosure; and
                  sentencing procedures in special cases.

         The rules include cross-references to relevant legislation: in particular
         measures recently, or likely soon to be, brought into force.


Background

Since 2005, the Criminal Procedure Rule Committee has made rules for the criminal
courts in England and Wales. The rules govern the practice and procedure to be
followed in the criminal courts - i.e. the criminal division of the Court of Appeal and
(when dealing with any criminal cause or matter) the Crown Court and magistrates’
courts. The Criminal Procedure Rules 2010 (SI no. 60 of 2010) came into force in
April and this is the second amendment of them. They were first amended by The
Criminal Procedure (Amendment) Rules 2010, with effect from 4 October. The latest
changes, made by The Criminal Procedure (Amendment No. 2) Rules 2010 will come
into force on 4 April 2011.


1. New Provisions in The Criminal Procedure (Amendment No. 2) Rules
2010

Part 8 Discontinuing a prosecution

A new Part 8 introduces rules about a prosecutor’s statutory power to discontinue
proceedings in the Crown Court and updates the rules about discontinuance in


This guide was prepared by the Secretariat to the Criminal Procedure Rule Committee
e-mail: ‘CriminalProcedureRuleEnquiries@justice.gsi.gov.uk’                                       1
Contact number: 0203 334 4032                                                         December 2010
magistrates’ courts. Until now, the rules in Part 8 dealt only with the discontinuance
of proceedings in magistrates’ courts.

         Sections 23 and 23A of the Prosecution of Offences Act 1985 allow a
         prosecuting authority in certain circumstances to discontinue a case, in a
         magistrates’ court or in the Crown Court, without preventing a subsequent
         prosecution for the same offence.

         It was reported to the Criminal Procedure Rule Committee that the absence of
         rules for the Crown Court was confusing and so the new rules apply the
         existing procedures to both the Crown Court and magistrates’ courts.


         Rule 4 of the statutory instrument introduces the replacement Part 8, set
         out in Schedule 1.


Part 62 Contempt of court

Part 62 has been replaced, to introduce revised and expanded rules about contempt
of court. The new rules deal with contempt by obstructive, disruptive, insulting or
intimidating conduct, in the courtroom or in the vicinity or otherwise immediately
affecting the proceedings. The new rules also deal with contempt by failure to
comply with a court order. The rules codify procedures hitherto laid down by
common law, or followed in practice.

         The existing rules in Part 62 of the Criminal Procedure Rules deal with the
         procedure on an application for someone to be dealt with for contempt of
         court for disobeying a court order. Those rules were introduced in October
         2009, in response to a judgment of the Court of Appeal which had remarked
         on the lack of such rules. At the time, the Criminal Procedure Rule
         Committee announced that further rules would be added as soon as possible
         to deal with other types of contempt of court. The Committee now has made
         those additional rules, having consulted widely on proposals, beforehand.

         Note that the existing rules governing the procedure on dealing with
         disobedience of a court order are retained.


         Rule 9 of the statutory instrument introduces the replacement Part 62,
         set out in Schedule 2.


2. Amendments of The Criminal Procedure Rules 2010

Some current rules in The Criminal Procedure Rules 2010 have been revised. The
following amendments are made:

Part 4 Service of documents

Rule 4.7 (Documents that must be served only by handing then over, leaving or
posting them) is substituted, with a new rule 4.7 (Documents that must be served by
specified methods), to bring up to date the cross-references to other rules.

This guide was prepared by the Secretariat to the Criminal Procedure Rule Committee
e-mail: ‘CriminalProcedureRuleEnquiries@justice.gsi.gov.uk’                                       2
Contact number: 0203 334 4032                                                         December 2010
Rule 4.9(1), Service by another method, is substituted, to allow the court to allow
service by methods other than those described in rules 4.3 to 4.6 and rule 4.8, or
specified by rule 4.7. This clarifies the extent of the court’s power to allow service of
documents by methods other than those prescribed by Part 4.


         Rule 3 of the statutory instrument introduces these amendments.


Part 15 Preparatory hearings in cases of serious fraud and other
complex, serious or lengthy cases in the Crown Court

The note to Rule 15.1 (application for a preparatory hearing) has been corrected,
having been shortened by the removal of the last sentence about jury tampering.


         Rule 5 of the statutory instrument introduces this amendment.


Part 22 Disclosure

Rule 22.4, which deals with Defence disclosure, is replaced.

         The current rule refers to the existing defence obligation to disclose, in a
         defence statement, the main elements of the defence.

         On 1st May, 2010, section 34 of the Criminal Justice Act 2003 came into
         force, adding to the Criminal Procedure and Investigations Act 1996 a new
         obligation on a defendant to indicate whether he or she intends to call at trial
         any witnesses (other than him or herself) and to identify them. The
         replacement rule 22.4 is amended to apply that procedure to the new
         obligation, too; and notes are added to describe the new requirement.

Rule 22.8 (Unauthorised use of disclosed material) has been revised in consequence
of the new Part 62 rules about contempt of court.

         Part of the existing rule allows magistrates’ courts to exercise procedural
         powers that would not otherwise be available to them. That part is moved into
         the new Part 62 rules, where it now better belongs.

         The note to the rule has been shortened.

Rule 22.9 (Court’s power to vary requirements under this Part) has been revised, to
include a defence witness notice.

         The rule already allows a defence statement to be in a different written form
         to one set out in the Practice Direction, provided it contains what the Criminal
         Procedure and Investigations Act 1996 requires. From April 2011, a defence
         witness notice can also be provided in that way.

The ‘Summary of disclosure requirements of Criminal Procedure and Investigations
Act 1996’ in Part 22 is amended.



This guide was prepared by the Secretariat to the Criminal Procedure Rule Committee
e-mail: ‘CriminalProcedureRuleEnquiries@justice.gsi.gov.uk’                                       3
Contact number: 0203 334 4032                                                         December 2010
         The notes about Defence Disclosure have been updated, to take account of
         the changes to rules 22.4 and 22.8.


         Rule 6 of the statutory instrument introduces these amendments.


Part 35 Evidence of bad character

Rule 35.2 deals with the content of an application or notice. A small correction has
been made at the end of rule 35.2(1)(b), to correct a minor typographical point.


         Rule 7 of the statutory instrument introduces this amendment.


Part 42 Sentencing procedures in special cases

Rule 42.3 (Defendant’s duty to notify information to police) is replaced. The revised
rule (Notification requirements) provides for informing a defendant about inclusion in
a barred list under the Safeguarding Vulnerable Groups Act 2006.

The note has been expanded, to direct users to the related legislation setting out the
circumstances in which a defendant will be included in a barred list.

Rule 42.8 (Requests for medical reports, etc). The note is amended, to refer to
requests for medical reports under section 157 of the Criminal Justice Act 2003.


         Rule 8 of the statutory instrument introduces this amendment.


Part 68 Appeal to the Court of Appeal about conviction or sentence

Rule 68.7 Adaptation of rules about introducing evidence

Rule 68.7(1) is amended in three places.

         Rule 68.7(1)(a) is amended, to refer to the new name for Part 29 (Measures
         to assist a witness or defendant to give evidence), which came into force on 4
         October 2010.

         Rule 67.1(1)(b) is amended, to take account of the removal of Part 30 (Use of
         live tv link other than for vulnerable witnesses) also from 4 October 2010.

         Finally, paragraphs (c) to (e) of the rule are re-numbered (b) to (d).


         Rule 10 of the statutory instrument introduces this amendment.


Part 76 Costs

Section 3 Payment of costs by one party to another
This guide was prepared by the Secretariat to the Criminal Procedure Rule Committee
e-mail: ‘CriminalProcedureRuleEnquiries@justice.gsi.gov.uk’                                       4
Contact number: 0203 334 4032                                                         December 2010
Rule 76.7 Costs on an application

The note to rule 76.7 is amended, to include reference to section 4(7) of the
Dangerous Dogs Act 1991.


         Rule 11 of the statutory instrument introduces this amendment.


3. Housekeeping

The pre-amble and the Arrangement of Rules

These are adjusted to reflect the changes made elsewhere in the statutory
instrument.
Preamble

The Preamble has been updated to include powers exercised by the Criminal
Procedure Rule Committee in the making of the new Rule 62.16. The power is
specified in section 19 of the Criminal Procedure and Investigations Act 1996.
         Rule 12 of the statutory instrument introduces this amendment.


Arrangement of rules
The arrangement is amended to provide for the name of the new Part 8, which is
‘Discontinuing a prosecution’.
         Rule 13 introduces this amendment.


4. Other useful information – looking ahead

The Criminal Procedure Rules 2010 continue to show a number of empty Parts. At
present there are no plans to re-order the numbering sequence, as the major
exercise of reviewing and restating the entire body of rules continues. When the
codification of the rules is completed, the Criminal Procedure Rules will be re-
numbered, reducing the overall number of Parts. This may be brought about in 2015.

In the meantime, the Criminal Procedure Rule Committee is pressing on with its
stated intention of producing a regular, consolidated text. The Criminal Procedure
Rules 2010 as amended by The Criminal Procedure (Amendment) Rules 2010 and
The Criminal Procedure (Amendment No. 2) Rules 2010 are likely to be replaced in
October 2011 by The Criminal Procedure Rules 2011. The statutory instrument
introducing them would be published during July 2011.


5. Useful Web Addresses

The Ministry of Justice website contains the complete Criminal Procedure Rules,
the Consolidated Criminal Practice Direction and Forms. The ‘What’s New?’
page is the best place to start when you are looking for information:-
This guide was prepared by the Secretariat to the Criminal Procedure Rule Committee
e-mail: ‘CriminalProcedureRuleEnquiries@justice.gsi.gov.uk’                                       5
Contact number: 0203 334 4032                                                         December 2010
     http://www.justice.gov.uk/criminal/procrules_fin/index.htm

        The complete Criminal Procedure Rules can be viewed at:-
         http://www.justice.gov.uk/criminal/procrules_fin/rulesmenu.htm

         Please note that the Criminal Procedure Rules pages are not updated with
         amendments until they have actually come into force. This means that the
         fully revised text of The Criminal Procedure Rules 2010, as amended by The
         Criminal Procedure (Amendment No. 2) Rules 2010, will not appear on the
         website until 4th April, 2011.

        The related forms are available as Acrobat PDF files at:-
         http://www.justice.gov.uk/criminal/procrules_fin/contents/formssection/formspage.htm


 The Statutory Instrument which brought these new rules in to existence, The
  Criminal Procedure (Amendment No. 2) Rules 2010, can be viewed on the
  official UK legislation website, at:-
     http://www.legislation.gov.uk/uksi/2010/3026/made

 The Ministry of Justice home page for the Criminal Procedure Rule
  Committee is:-
     http://www.justice.gov.uk/about/criminal-proc-rule-committee.htm

     The Committee's statutory duty is to make Criminal Procedure Rules that are
      simple and simply expressed – wherever possible, having consulted
      beforehand. The statutory arrangements are set out in Part 7 of the Courts
      Act 2003, in sections 69-74. See:-

         http://www.legislation.gov.uk/ukpga/2003/39/contents

    The Ministry of Justice home page for policy background about the
     Criminal Procedure Rules is:-
     http://www.justice.gov.uk/whatwedo/criminal-procedure-rules.htm

Any questions about this document may be sent to the Secretariat to the Criminal
Procedure Rule Committee, using the e-mail address set out in the footer, below.




This guide was prepared by the Secretariat to the Criminal Procedure Rule Committee
e-mail: ‘CriminalProcedureRuleEnquiries@justice.gsi.gov.uk’                                       6
Contact number: 0203 334 4032                                                         December 2010

								
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