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The Criminal Procedure (Amendment) Rules 2009

Type Statutory-Instrument

Publication 2009-07-19

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 19th July 2009

Laid before Parliament: 29th July 2009

Coming into force: 5th October 2009

The Criminal Procedure Rule Committee makes the following Rules under section 69 of the Courts Act 2003¹ after consulting in accordance with section 72(1)(a) of the Courts Act 2003.

Citation, commencement and interpretation

1

These Rules may be cited as The Criminal Procedure (Amendment) Rules 2009 and shall come into force on 5th October 2009.

2

In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in The Criminal Procedure Rules 2005².

Amendments to the Criminal Procedure Rules 2005

3

After rule 2.1(15) (When the Rules apply), insert—

(16) The rules in Part 6 apply in cases in which an application to which that Part applies is made on or after 5th October, 2009, and in other cases if the court so orders. Otherwise, the rules in Part 62 (Proceeds of Crime Act 2002 - rules applicable to investigations) apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made. (17) The rules in Part 22 apply in cases in which a step or an application to which that Part applies is taken or made on or after 5th October, 2009, and in other cases if the court so orders. Otherwise, the rules in Parts 25 (Applications for public interest immunity and specific disclosure) and 26 (Confidential material) apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made. (18) The rules in Part 62 apply in cases in which an application to which that Part applies is made on or after 5th October, 2009, and in other cases if the court so orders. Otherwise, the rules replaced by those rules apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made. (19) The rules in Part 76 apply in cases in which the court makes an order about costs on or after 5th October, 2009, and in other cases if the court so orders. Otherwise, the rules in Part 78 (Costs orders against the parties) apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.

4

After rule 3.8 (3) (Case preparation and progression), insert—

(4) In order to prepare for the trial, the court must take every reasonable step to encourage and to facilitate the attendance of witnesses when they are needed.

5

In rule 4.7 (Documents that must be served only by handing them over, leaving or posting them)—

(a) for paragraph (1), substitute—

(1) The documents listed in paragraph (2) may be served— (a) on an individual, only under rule 4.3(1)(a) (handing over) or rule 4.4(1) and (2)(a) (leaving or posting); and (b) on a corporation, only under rule 4.3(1)(b) (handing over) or rule 4.4(1) and (2)(b) (leaving or posting).

; and

(b) after paragraph (2), insert—

(3) An application under rule 62.3 for the court to punish for contempt of court may be served— (a) on an individual, only under rule 4.3(1)(a) (by handing it to him or her); (b) on a corporation, only under rule 4.3(1)(b) (by handing it to a person holding a senior position in that corporation).

6

For Part 5 (Forms), substitute the Part as set out in Schedule 1 to these Rules.

7

For Part 6 (Court records), substitute the Part as set out in Schedule 2 to these Rules.

8

In Part 14 (The indictment), in the Table of Contents,in the first column, for “Signature and service of indictment”, substitute “Service and signature of indictment”.

9

In rule 14.1 (Signature and service of indictment)—

(a) in the heading, for “Signature and service of indictment”, substitute “Service and signature of indictment”; and

(b) in paragraph (3)(a), for “sign and date the draft, which then becomes an indictment;”, substitute “sign, and add the date of receipt on, the indictment;”.

10

In rule 16.11(2)(d) (Crown Court hearings in chambers), for “63.2(5)”, substitute “63.9(a)”.

11

In rule 17.2(4) (Notice of waiver), for “Under Secretary of State, Home Office, London SW1H 9AT”, substitute “Secretary of State for the Home Department, c/o Extradition Section, Home Office, 5th Floor, Fry Building, 2 Marsham Street, London SW1P 4DF”.

12

In Part 19 (Bail in magistrates' courts and the Crown Court), in the Table of Contents—

(a) at the end of the first column, insert—

(i) “Grant of bail subject to electronic monitoring requirements”, and

(ii) “Grant of bail subject to accommodation or support requirements”; and

(b) at the end of the second column, insert—

(i) “rule 19.26”, and

(ii) “rule 19.27”.

13

In Part 19 (Bail in magistrates' courts and the Crown Court)—

(a) in rule 19.2(6) (Application to a magistrates' court to reconsider grant of police bail), for “rule 4.2(1)”, substitute “rule 4.11”; and

(b) after rule 19.25, insert—

(19.26) (1) This rule applies where the court imposes electronic monitoring requirements (where available) as a condition of bail. (2) The court officer must— (a) inform the person responsible for the monitoring (“the monitor”) of— (i) the defendant’s name, and telephone number (if available), (ii) the offence or offences with which the defendant is charged, (iii) details of the place at which the defendant’s presence must be monitored, (iv) the period or periods during which the defendant’s presence at that place must be monitored, and (v) if fixed, the date on which the defendant must surrender to custody; (b) inform the defendant and, where the defendant is under 16, an appropriate adult, of the monitor’s name, and the means by which the monitor may be contacted; and (c) notify the monitor of any subsequent— (i) variation or termination of the electronic monitoring requirements, or (ii) fixing or variation of the date on which the defendant must surrender to custody. [Note. Under section 3(6ZAA) of the Bail Act 1976³, the conditions of bail that the court may impose include requirements for the electronic monitoring of a defendant’s compliance with other bail conditions, for example a curfew. Sections 3AA⁴and 3AB⁵of the Act set out conditions for imposing such requirements. Under section 3AC⁶of the Act, where the court imposes electronic monitoring requirements they must provide for the appointment of a monitor.] (19.27) (1) This rule applies where the court imposes as a condition of bail a requirement (where available) that the defendant must— (a) reside in accommodation provided for that purpose by, or on behalf of, a public authority; (b) receive bail support provided by, or on behalf of, a public authority. (2) The court officer must— (a) inform the person responsible for the provision of any such accommodation or support (“the service provider”) of— (i) the defendant’s name, and telephone number (if available), (ii) the offence or offences with which the defendant is charged, (iii) details of the requirement, (iv) any other bail condition, and (v) if fixed, the date on which the defendant must surrender to custody; (b) inform the defendant and, where the defendant is under 16, an appropriate adult, of— (i) the service provider’s name, and the means by which the service provider may be contacted, and (ii) the address of any accommodation in which the defendant must reside; and (c) notify the service provider of any subsequent— (i) variation or termination of the requirement, (ii) variation or termination of any other bail condition, and (iii) fixing or variation of the date on which the defendant must surrender to custody.

14

For Part 22 (Disclosure by the prosecution), substitute the Part as set out in Schedule 3 to these Rules.

15

Omit Parts 23 to 26 (Disclosure by the defence; Disclosure of expert evidence; Applications for Public Interest Immunity and specific disclosure; and Confidential material).

16

For Part 27 (Witness statements), substitute the Part as set out in Schedule 4 to these Rules.

17

In Part 32 (International co-operation)—

(a) in the Table of Contents—

(i) at the end of the first column, insert “Overseas freezing orders”; and

(ii) at the end of the second column, insert “rule 32.10”;

(b) in rule 32.9(1) (Overseas record), omit “and shall be kept in a separate book”; and

(32.10) (1) This rule applies where a court is nominated under section 21(1) of the Crime (International Co-operation) Act 2003⁷ to give effect to an overseas freezing order. (2) Where the Secretary of State serves a copy of such an order on the court officer— (a) the general rule is that the court will consider the order no later than the next business day; (b) exceptionally, the court may consider the order later than that, but not more than 5 business days after service. (3) The court must not consider the order unless— (a) it is satisfied that the chief officer of police for the area in which the evidence is situated has had notice of the order; and (b) that chief officer of police has had an opportunity to make representations, at a hearing if that officer wants. (4) The court may consider the order— (a) without a hearing; or (b) at a hearing, in public or in private.

18

For Part 33 (Expert evidence), substitute the Part as set out in Schedule 5 to these Rules.

19

In rule 39(1) (Time limits for beginning of trials), for “Supreme Court”, substitute “Senior Courts”.

20

In Part 59 (Proceeds of Crime Act 2002 150 rules applicable only to restraint proceedings), in the Table of Contents—

(a) at the end of the first column, insert “Application to punish for contempt of court”; and

(b) at the end of the second column, insert “rule 59.6”.

21

After rule 59.5 (Application for discharge of a restraint order by the person who applied for the order), insert—

(59.6) (1) This rule applies where a person is accused of disobeying a restraint order. (2) An applicant who wants the Crown Court to exercise its power to punish that person for contempt of court must comply with the rules in Part 62 (Contempt of court). [Note. The Crown Court has inherent power to punish for contempt of court a person who disobeys its order: see section 45 of the Senior Courts Act 1981⁸.]

22

In Part 61 (Proceeds of Crime Act 2002 150 150 rules applicable to restraint and receivership proceedings)—

(a) in rule 61.19 (Order for costs)—

(i) in paragraph (1), omit “under rule 78.1”,

(ii) in paragraph (5), omit “under rule 78.1”;

(b) at the end of the note after rule 61.19, insert “See section 52 of the Senior Courts Act 1981⁹.”;

(d) in rule 61.20(1)(b), for “rule 78.3”, substitute “rule 76.11”; and

(e) in rule 61.21(1)(b), for “rule 78.3”, substitute “rule 76.11”.

23

For Part 62 (Proceeds of Crime Act 2002 150 150 150 rules applicable to investigations), substitute the Part as set out in Schedule 6 to these Rules.

24

In Part 63 (Appeal to the Crown Court)—

(a) in rule 63.1(1)(a)(iii) (When this Part applies), after “2000”, insert “, or paragraphs 9(8) or 13(5) of Schedule 8 to the Criminal Justice Act 2003¹⁰”;

(b) in the note after rule 63.1 (When this Part applies)—

(i) for “Supreme Court”, substitute “Senior Courts”,

(ii) in sub-paragraph (c) of the second paragraph, after “2000”, insert “, or under paragraphs 9(8) or 13(5) of Schedule 8 to the Criminal Justice Act 2003”;

(d) in the note after 63.10 (Constitution of the Crown Court), for “Supreme Court”, substitute “Senior Courts”.

25

In rule 64.7(1) (Application to the Crown Court to state a case), for “Supreme Court”, substitute “Senior Courts”.

26

In Part 65 (Appeal to the Court of Appeal: general rules)—

(a) in the note after rule 65.1(1) (When this Part applies), for “Supreme Court”, substitute “Senior Courts”;

(b) in the last paragraph of the note after rule 65.3 (Power to vary requirements), for “House of Lords”, substitute “Supreme Court”; and

(i) for paragraph (3), substitute—

(3) Where the appellant wants to appeal against an order restricting public access to a trial, the court— (a) may decide without a hearing— (i) an application, including an application for permission to appeal, and (ii) an appeal; but (b) must announce its decision on such an appeal at a hearing in public.

(ii) in paragraph (4), for “House of Lords”, substitute “Supreme Court”.

27

In the note after rule 68.3 (Form of appeal notice), for “Supreme Court”, substitute “Senior Courts”.

28

In the note after rule 68.4 (Crown Court judge’s certificate that case is fit for appeal), for “Supreme Court”, substitute “Senior Courts”.

29

In the note after rule 68.8 (Application for bail pending appeal or retrial), for “Supreme Court”, substitute “Senior Courts”.

30

In Part 71 (Appeal to the Court of Appeal under the Proceeds of Crime Act 2002 150 150 150 150 general rules)—

(a) in the Table of Contents, at the end of the first column, for “House of Lords”, substitute “Supreme Court”; and

(b) in rule 71.10 (Appeal to House of Lords), for “House of Lords”, in each place it occurs, substitute “Supreme Court”.

31

In Part 74—

(a) for “House of Lords”, in each place it occurs, substitute “Supreme Court”; and

(b) in the note after rule 74.1, omit the eighth paragraph, which provides—

When section 40 of the Constitutional Reform Act 2005 and Schedule 9, paragraphs 16, 23 and 48 of that Act come into force the Supreme Court will take over the jurisdiction of the House of Lords under the provisions listed above. When that happens, references in this Part to the House of Lords must be read as references to the Supreme Court.

32

For Part 76 (Representation Orders), substitute the Part as set out in Schedule 7 to these Rules.

33

Omit Part 77 (Recovery of defence costs orders) and Part 78 (Costs orders against the parties).

34

In the Arrangement of Rules contained in the Criminal Procedure Rules 2005—

(a) in the entry for Part 5, for “Forms”, substitute “Forms and court records”;

(b) before the entry for Part 6 “Court records”, insert a new division heading “Preliminary proceedings”;

(d) before the entry for Part 7 “Starting a prosecution in a magistrates' court”, omit the division heading “Preliminary proceedings”;

(e) in the entry for Part 22, for “Disclosure by the prosecution”, substitute “Disclosure”;

(f) omit the entries for Parts 23 to 26 (Disclosure by the defence; Disclosure of expert evidence; Applications for public interest immunity and specific disclosure; and Confidential material).

(g) before the entry for Part 62 (Proceeds of Crime Act 2002 150 150 150 150 150 rules applicable to investigations), insert a new division heading “Contempt of court”;

(h) in the entry for Part 62, for “Proceeds of Crime Act 2003 150 150 150 150 150 150 rules applicable to investigations”, substitute “Contempt of court”;

(i) in the entry for Part 74, for “House of Lords”, substitute “Supreme Court”;

(j) in the entry for Part 76, for “Representation Orders”, substitute “Costs”; and

(k) omit the entries for Part 77 (Recovery of Defence Costs Orders) and Part 78 (Costs orders against the parties).

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

Signed

Judge, C.J. — Hooper, L.J. — Thomas, L.J. — Openshaw, J. — Charles Wide — Roderick Denyer — Stephen Dawson — Nicholas Moss — Tessa Szagun — Keir Starmer — Patrick Gibbs — Tom Little — Michael Caplan — Derek French — Martin Baker — James Riches — Jeremy Corbett

I allow these Rules which shall come into force on 5th October 2009.

Jack Straw, Lord Chancellor — 19th July 2009

Explanatory note

(This note is not part of the Rules)

These Rules add the following new provisions to The Criminal Procedure Rules 2005:

a new Part 6 (Investigation orders) that deals with applications for production and other orders under the Terrorism Act 2000 and the Proceeds of Crime Act 2002. These new rules supersede the existing rules in Part 62, which apply only to some applications under the 2002 Act.

a new Part 22 (Disclosure) that consolidates, revises and simplifies the content of existing Parts 22, 23, 25 and 26.

a new Part 27 (Witness statements), in substitution for the existing Part 27, that revises and simplifies the rules about the content and service of written witness statements.

a new Part 62 (Contempt of court) that deals with applications for the punishment for contempt of court of those who disobey court orders, or who disclose prosecution material without authority.

a new Part 76 (Costs) that revises and simplifies the rules about applications for costs orders. These new rules supersede the existing rules in Part 78, and deal with applications for all the costs orders that the criminal courts can make.

new rules in Part 2 (Understanding and applying the Rules) make transitional provision and explain when the new rules in Parts 6, 22, 62 and 76 will apply.

In addition, these Rules make the following amendments to The Criminal Procedure Rules 2005:

Part 3 (Case management) is amended to require specifically that steps are taken to facilitate the attendance of witnesses.

Part 4 (Service of documents) is amended to require the personal service of an application to punish for contempt of court.

Part 5 (Forms) is amended to incorporate the rules about court records contained in the existing Part 6 (Court records), leaving Part 6 available for the new rules about investigation orders.

Part 14 (The indictment) is amended so as no longer to imply that the signature of a draft indictment is required for it to become an indictment.

Part 19 (Bail in magistrates' courts and the Crown Court) is amended to require specifically that the providers of electronic monitoring and other bail services are notified of relevant bail conditions, and variations of them.

Part 32 (International co-operation) is amended to provide for the court’s consideration of an “overseas freezing order” (an order to secure evidence sought in another state), and to remove the current requirement that magistrates' courts' records of overseas orders must be kept in a separate book.

Part 33 (Expert evidence) is amended to incorporate and revise the rules about serving expert evidence contained in the existing Part 24 (Disclosure of expert evidence).

Part 59 (Proceeds of Crime Act 2002 150 150 150 150 150 150 150 150 150 150 150 rules for restraint proceedings) is amended to provide for an application to punish for contempt of court a person who disobeys a restraint order.

Part 65 (Appeal to the Court of Appeal: general rules) is amended to give the Court of Appeal a discretion whether or not to hear oral representations on an appeal against an order restricting public access to proceedings in the Crown Court.

Parts 23, 24, 25, 26, 77 and 78 are omitted, in consequence of the consolidation of rules made by the other changes.

other amendments bring up to date references to the new Supreme Court and other cross-references in The Criminal Procedure Rules 2005.

the Arrangement of Rules is amended to accommodate all these changes.

The changes made by these Rules come into force on 5th October 2009.

Footnotes

2003 c. 39; section 69 was amended by sections 15(1) and 146 of, and paragraphs 308 and 332 of Schedule 4 and Part 2 of Schedule 18 to, the Constitutional Reform Act 2005 (c. 4).

S.I. 2005/384; amended by S.I. 2006/353, 2006/2636, 2007/699, 2007/2317, 2007/3662, 2008/2076 and 2008/3269.

1976 c. 63; section 3(6ZAA) was inserted by section 131 of the Criminal Justice and Police Act 2001 (c. 16) and amended by section 51 of, and paragraphs 1 and 2 of Schedule 11 to, the Criminal Justice and Immigration Act 1998 (c. 4).

1976 c. 63; section 3AA was inserted by section 131 of the Criminal Justice and Police Act 2001 (c. 16) and amended by sections 51 and 149 of, and paragraphs 1 and 3 of Schedule 11 to, and Part 4 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4).

1976 c. 63; section 3AB was inserted by section 51 of, and paragraphs 1 and 4 of Schedule 11 to, the Criminal Justice and Immigration Act 2008 (c. 4).

1976 c. 63; section 3AC was inserted by section 51 of, and paragraphs 1 and 4 of Schedule 11 to, the Criminal Justice and Immigration Act 2008 (c. 4).

2003 c. 32; section 21 will take effect from a date to be appointed.

1981 c. 54; the words “Senior Courts” are to be substituted for “Supreme Court” in the title of this Act by section 59(5) of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4), with effect from 1 October 2009.

1981 c. 54; section 52 was amended by section 31 of, and Part II of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23), article 3 and paragraphs 11 and 12(a) of the Schedule to The Courts Act (Consequential Amendments) Order 2004 (S.I. 2004/2035), and it is to be amended by section 59 of, and paragraph 26 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4) from 1 October 2009.

2003 c. 44.

S.I. 1986/1079, modified by sections 43 and 44 of the Criminal Justice and Court Services Act 2000 (c. 43).

S.I. 1981/552, amended by S.I. 2003/1236.

1976 c. 63; section 5(6A) was inserted by section 60 of the Criminal Justice Act 1982 (c. 48) and amended by section 165 of, and paragraph 53 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6); and, in relation to certain cases, by section 41 of, and paragraph 48 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). It is further amended by sections 41 and 331 of, and paragraph 48 of Schedule 3, paragraphs 1 and 2 of Schedule 36, and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

1980 c. 43; section 128(3A) was inserted by section 59 of, and paragraph 4 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48) and amended by section 170(1) of, and paragraphs 65 and 69 of Schedule 15 to, the Criminal Justice Act 1988 and sections 49, 52 and 80 of, and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25); and is further amended by section 41 of, and paragraph 51 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

1980 c. 43; section 5 was amended by section 59 of, and paragraph 1(a) of Schedule 9 to, the Criminal Justice Act 1982 (c. 48) and is repealed by paragraph 51 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed; section 18(4) was amended by section 59 of, and paragraph 1 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48).

1980 c. 43; section 23(1) was amended by section 125(3) of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 2000 (c. 41).

1980 c. 43; section 22 was amended by sections 38 and 170(2) of, and Schedule 16 to, the Criminal Justice Act 1988 (c. 33), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53), section 2(2) of the Aggravated Vehicle Taking Act 1992 (c. 11) and sections 46 and 168(3) of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994 (c. 33).

2000 c. 6.

S.I. 1981/552; amending instruments relevant to this Part are S.I. 1983/523, 1986/1332, 1988/2132, 1992/709, 1992/2072, 1993/1183, 2001/610 and 2003/1236.

S.I. 1992/2071, amended by S.I. 2003/1236.

1988 c. 53; section 69(4) was amended by section 48 of, and paragraph 105 of Schedule 4 to, the Road Traffic Act 1991 (c. 40), section 109 of, and paragraph 315 of Schedule 8 to, the Courts Act 2003 (c. 39), and section 9 of, and paragraphs 2 and 20 of Schedule 2 to, the Road Safety Act 2006 (c. 49).

1988 c. 53; section 57(3) and (4) was amended by regulations 2(2) and (3) of, and paragraph 17 of Schedule 2 to, S.I. 1990/144 and section 5 of, and paragraphs (1) and (5) of Schedule 1 to, the Road Safety Act 2006 (c. 49).

1988 c. 53; section 70 was amended by section 109 of, and paragraph 316 of Schedule 8 to, the Courts Act 2003 (c. 39) and section 5 of, and paragraphs 1 and 12 of Schedule 1 to, the Road Safety Act 2006 (c. 49).

2000 c. 11; paragraph 5 of Schedule 5 is to be amended by section 65 of, and paragraph 9 of Schedule 4 to, the Courts Act 2003 (c. 39) from a date to be appointed; paragraph 10 of Schedule 5 was amended by sections 65 and 109 of, and paragraph 9 of Schedule 4 and paragraph 389 of Schedule 8 to, the Courts Act 2003 (c. 39).

2000 c. 11; paragraph 13 is to be amended by section 65 of, and paragraph 9 of Schedule 4 to, the Courts Act 2003 (c. 39), from a date to be appointed.

2000 c. 11; paragraph 1 of Schedule 6 was amended by section 3 of, and paragraph 6 of Schedule 2 to, the Anti-terrorism, Crime and Security Act 2001 (c. 24).

2000 c. 11.

2002 c. 29; section 345 was amended by section 75 of the Serious Crime Act 2007 (c. 27) and section 351 was amended by sections 74 and 77 of, and paragraphs 103 and 104 of Schedule 8 and paragraphs 1 and 6 of Schedule 10 to, the Serious Crime Act 2007 (c. 27).

2002 c. 29.

2002 c. 29; section 357 was amended by sections 74 and 77 of, and paragraphs 103 and 108 of Schedule 8 and paragraphs 1 and 10 of Schedule 10 to, the Serious Crime Act 2007 (c. 27) and section 362 was amended by section 74 of, and paragraphs 103 and 110 of Schedule 8 to, the Serious Crime Act 2007 (c. 27).

2002 c. 29; section 363 was amended by section 77 of, and paragraphs 1 and 11 of Schedule 10 to, the Serious Crime Act 2007 (c. 27) and section 369 was amended by section 74 of, and paragraphs 103 and 111 of Schedule 8 to, the Serious Crime Act 2007 (c. 27).

2002 c. 29; section 370 was amended by section 77 of, and paragraphs 1 and 12 of Schedule 10 to, the Serious Crime Act 2007 (c. 27) and section 375 was amended by section 74 of, and paragraphs 103 and 112 of Schedule 8 to, the Serious Crime Act 2007 (c. 27).

1981 c. 54; section 8 was amended by sections 65 and 109 of, and paragraph 259 of Schedule 8 to, the Courts Act 2003 (c. 39) and, the words “Senior Courts” are to be substituted for “Supreme Court” in the title of this Act by section 59(5) of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4), with effect from 1 October 2009.

2000 c. 11.

2002 c. 29; section 377A was inserted by section 74 of, and paragraphs 103 and 115 of Schedule 8 to, the Serious Crime Act 2007 (c. 27).

2002 c. 29; sections 345 and 346 were amended by section 75 of the Serious Crime Act 2007 (c. 27), and section 350 was amended by section 77 of, and paragraphs 1 and 5 of Schedule 10 to, the Serious Crime Act 2007 (c. 27).

2002 c. 29; section 378 was amended by section 59 of, and paragraphs 168 and 175 of Schedule 4 to, the Serious Organised Crime and Police Act 2005 (c. 15) and sections 74, 77 and 80 of, and paragraphs 103 and 116 of Schedule 8, and paragraphs 1 and 13 of Schedule 10 to, the Serious Crime Act 2007 (c. 27).

2002 c. 29; section 357 was amended by section 74 and 77 of, and paragraphs 103 and 108 of Schedule 8 and paragraphs 1 and 10 of Schedule 10 to, the Serious Crime Act 2007 (c. 27) and section 361 was amended by section 74 of, and paragraphs 103 and 109 of Schedule 8 to, the Serious Crime Act 2007 (c. 27).

2002 c. 29; section 363 was amended by section 77 of, and paragraphs 1 and 11 of Schedule 10 to, the Serious Crime Act 2007 (c. 27); section 364 was amended by section 107 of the Serious Crime Act 2007 (c. 27). There are other amendments to section 364 that are not relevant to these Rules.

2002 c. 29; section 370 was amended by section 77 of, and paragraphs 1 and 12 of Schedule 10 to, the Serious Crime Act 2007 (c. 27).

2002 c. 29; section 345 was amended by section 75 of the Serious Crime Act 2007 (c. 27).

2002 c. 29; section 370 was amended by section 77 of, and paragraphs 1 and 12 of Schedule 10 to, the Serious Crime Act 2007 (c. 27).

1996 c. 25.

1996 c. 25; section 3 has been amended by section 82 of, and paragraph 7 of Schedule 4 to, the Regulation of Investigatory Powers Act 2000 (c. 23) and section 32 and section 331 of, and paragraphs 20 and 21 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).

1996 c. 25; section 7 was repealed by sections 331 and 332 of, and paragraphs 20 and 25 of Schedule 36 and Part 3 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) with transitional provisions for certain offences in article 2 of S.I. 2005/1817.

1996 c. 25; section 7A was inserted by section 37 of the Criminal Justice Act 2003 (c. 44).

1996 c. 25; section 16 was amended by section 331 of, and paragraphs 20 and 32 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).

1996 c. 25; section 19 was amended by section 109 of, and paragraph 377 of Schedule 8 to, the Courts Act 2003 (c. 39), section 331 of, and paragraphs 20 and 34 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44) and section 15 of, and paragraph 251 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4).

1996 c. 25; section 8 was amended by section 82 of, and paragraph 7 of Schedule 4 to, the Regulation of Investigatory Powers Act 2000 (c. 23) and section 38 of the Criminal Justice Act 2003 (c. 44).

1996 c. 25; section 14 was amended by section 331 of, and paragraphs 20 and 30 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44) and section 15 was amended by section 331 of, and paragraphs 20 and 31 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).

1996 c. 25; section 17 was amended by section 331 of, and paragraphs 20 and 33 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).

1981 c. 49; Schedule 3 has been amended, but the amendment is not relevant to these rules.

1996 c. 25; section 1 was amended by section 119 of, and paragraph 125(b) of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37) and sections 41 and 332 of, and paragraph 66(1) and (2)(b) of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44). It is to be amended by section 9 of the Sexual Offences (Protected Material) Act 1997 (c. 39) and sections 41 and 332 of, and paragraph 66(1) and (2)(a) of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), from a date to be appointed. It has been further amended in respect of certain proceedings only, by section 119 of, and paragraph 125(a) of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37).

1996 c. 25; section 21 was amended by section 41 of, and paragraph 66 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44).

S.I. 1997/1033; this Order was revoked by S.I. 2005/985.

S.I. 2005/985.

1996 c. 25; section 7A was inserted by section 37 of the Criminal Justice Act 2003 (c. 44).

1996 c. 25; section 5 was amended by sections 331 and 332 of, and paragraphs 20 and 23 of Schedule 36 and Part 3 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44). It was further amended by section 119 of, and paragraph 126 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37) and sections 33 and 41 of, and paragraph 66 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) in respect of certain proceedings only. It is to be further amended by sections 33, 41, 331 and 332 of, and paragraph 66 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), from a date to be appointed.

S.I. 1997/2680.

1996 c. 25; section 6A was inserted by section 33 of the Criminal Justice Act 2003 (c. 44) and amended by section 60 of the Criminal Justice and Immigration Act 2008 (c. 4).

1996 c. 25; section 66 was inserted by section 36 of the Criminal Justice Act 2003 (c. 44).

1967 c. 80; section 9 was amended by section 56 of, and paragraph 49 of Schedule 8 to, the Courts Act 1971 (c. 23), section 168 of, and paragraph 6 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 69 of the Criminal Procedure and Investigations Act 1996 (c. 25), and regulation 9 of, and paragraph 4 of Schedule 5 to, The Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090). It is to be amended by section 72 of, and paragraph 55 of Schedule 5 to, the Children and Young Persons Act 1969 (c. 41) and sections 41, 65 and 332 of, and paragraph 43 of Schedule 3, paragraph 1 of Schedule 4 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), from a date to be appointed.

1988 c. 33; section 30(4A) was inserted by section 47 of, and paragraph 32 of Schedule 1 to, the Criminal Procedure and Investigations Act 1996 (c. 25) and is to be repealed by section 41 to, and paragraph 60(1) and (6) of Schedule 3 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

1964 c. 84; section 4 was substituted, together with section 4A, for section 4 as originally enacted, by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and amended by section 22 of the Domestic Violence, Crime and Victims Act 2004 (c. 28).

2000 c. 6.

1983 c. 20.

2003 c. 44.

1980 c. 43; section 5B was inserted by section 47 of, and paragraph 3 of Schedule 1 to, the Criminal Procedure and Investigations Act 1996 (c. 25), and is amended by section 72(3) of, and paragraph 55 of Schedule 5 to, the Children and Young Persons Act 1969 (c. 54), with effect from a date to be appointed. It is repealed by sections 41 and 332 of, and paragraph 51(1) and (3) of Schedule 3 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

1967 c. 80.

2003 c. 44; section 127 was amended by article 3 of, and paragraphs 45 and 50 of the Schedule to, S.I. 2004/2035.

1984 c. 60; section 81 was amended by section 109 of, and paragraph 286 of Schedule 8 to, the Courts Act 2003 (c. 39).

1996 c. 25; section 20(3) was amended by section 109 of, and paragraph 378 of Schedule 8 to, the Courts Act 2003 (c. 39).

1987 c. 38; section 7 was amended by section 168(1) of, and paragraph 30 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), and sections 310(1) and 331 of, and paragraphs 52 and 53 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44) and is further amended by section 45 of the Criminal Justice Act 2003 (c. 44), with effect from dates to be appointed. Section 7(3), (4) and (5) was repealed by sections 72 and 80 of, and paragraph 2 of Schedule 3 and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25).

1996 c. 25; section 31 is amended by sections 310(5), 331 and 332 of, and paragraphs 20, 36, 65 and 67 of Schedule 36 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from dates to be appointed.

2003 c. 39.

1996 c. 25.

1996 c. 25; section 17 was amended by section 331 of, and paragraphs 20 and 33 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).

1995 c. 38.

1865 c. 18; section 6 was amended by section 10 of the Decimal Currency Act 1969 (c. 19), section 119 of, and Schedule 7 to, the Police and Criminal Evidence Act 1984 (c. 60), section 90 of, and paragraph 3 of Schedule 13 to, the Access to Justice Act 1999 (c. 22), section 109 of, and paragraph 47 of Schedule 8 to, the Courts Act 2003 (c. 39) and sections 331 and 332 of, and paragraph 79 of Schedule 36 to, and Schedule 37 to, the Criminal Justice Act 2003 (c. 44).

1980 c. 43; section 109 was amended by section 109 of, and paragraph 234 of Schedule 8 to, the Courts Act 2003 (c. 39).

1879 c. 11.

1965 c. 69.

1972 c. 71; section 36(5) is to be amended by section 40 of, and paragraph 23 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4) from 1 October 2009.

1988 c. 33.

1989 c. 37; section 14H was substituted, together with sections 14, 14A-14G and 14J, for existing sections 14-17, by section 1 of, and paragraphs 1 and 2 of Schedule 1 to, the Football (Disorder) Act 2000 (c. 25).

S.I. 2008/1863.

1985 c. 23; section 16 was amended by section 15 of, and paragraphs 14 and 15 of Schedule 2 to, the Criminal Justice Act 1987 (c. 38), section 150 of, and paragraph 103 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), section 7 of, and paragraph 7 of Schedule 3 to, the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), section 312 of the Criminal Justice Act 2003 (c. 44), and section 58 of, and Schedule 11 to the Domestic Violence, Crime and Victims Act 2004 (c. 28). It is to be amended by section 40 of, and paragraph 23 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4) from 1 October 2009 and to be further amended by sections 41 and 332 of, and paragraph 57 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), from a date to be appointed; the amendment under section 41 and paragraph 57(1)(3)(b)(i) of Schedule 3 having come into force on 9 May 2005 in relation to certain cases only.

1985 c. 23; section 17 is to be amended by section 40 of, and paragraph 41 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4), from 1 October 2009.

1985 c. 23; section 18 was amended by section 15 of, and paragraph 16 of Schedule 2 to, the Criminal Justice Act 1987 (c. 38), section 168 of, and paragraph 26 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), and sections 69 and 312 of the Criminal Justice Act 2003 (c. 44). It is to be amended by section 40 of, and paragraph 41 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4), from 1 October 2009.

1985 c. 23.

1985 c. 23; section 19A was inserted by section 111 of the Courts and Legal Services Act 1990 (c. 41).

100

1985 c. 23; section 19B was inserted by section 93 of the Courts Act 2003 (c. 39).

101

S.I. 2008/1863.

102

S.I. 2008/1863.

103

S.I. 2008/1863.

104

S.I. 2008/1863.

105

S.I. 2008/1863.

106

2002 c. 29.

107

1970 c. 31; section 40(3) is to be amended by section 62 of, and paragraph 35 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15), from a date to be appointed.

108

S.I. 1986/1335; regulation 3D was inserted by article 2 of S.I. 1991/789 and amended by regulation 6 of S.I. 2004/2408.

109

S.I. 1986/1335; regulation 3I was inserted by regulation 7 of S.I. 2004/2408.

110

S.I. 2008/1863.

111

1980 c. 43; section 58 was amended by section 33 of, and paragraph 80 of Schedule 2 to, the Family Law Reform Act 1987 (c. 42).

112

2003 c. 39.

113

2000 c. 6.

114

1980 c. 43.

115

S.I. 1986/1335; relevant amending instruments are S.I. 1999/2096 and S.I. 2008/2448.

116

S.I. 2008/1863.

117

S.I. 1986/1335; regulation 14 was amended by regulations 2 and 11 of S.I. 2008/2448.

118

1980 c. 43; section 108 was amended by sections 66(2) and 78 of, and Schedule 16 to, the Criminal Justice Act 1982 (c. 48), section 23(3) of the Football Spectators Act 1989 (c. 37), section 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991 (c. 53), sections 119 and 120(2) of, and paragraph 43 of Schedule 8 and Schedule 10 to, the Crime and Disorder Act 1998 (c. 37), section 7(2) of the Football (Offences and Disorder) Act 1999 (c. 21), section 165(1) of, and paragraph 71 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 1 of, and Schedule 3 to, the Football (Disorder) Act 2000 (c. 25), section 58(1) of, and paragraph 10 of Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004 (c. 28), section 52(2) of, and paragraph 14 of Schedule 3 to, the Violent Crime Reduction Act 2006 (c. 38) and section 64 of, and paragraph 10 of Schedule 3 to, the Animal Welfare Act 2006 (c. 45).

119

1983 c. 20.

120

1965 c. 69.

121

1986/1335; regulation 3 was amended by regulations 2 and 3 of S.I. 2008/2448.

122

S.I. 2007/1174; article 27 was amended by articles 6 and 22 of The Criminal Defence Service (Funding) (Amendment) Order S.I. 2007/3552 except in relation to proceedings classified as “Very High Cost” cases.

123

S.I. 1986/1335; regulation 3F was inserted by regulation 7 of S.I. 2004/2408 and amended by regulations 2 and 5 of S.I. 2008/2448.

124

S.I. 1998/3132.

125

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