The Criminal Procedure (Amendment No. 2) Rules 2010

Made: 20th December 2010

Laid before Parliament: 23rd December 2010

Coming into force: 4th April 2011

The Criminal Procedure Rule Committee makes the following Rules under section 69 of the Courts Act 2003[^f00001], after consulting in accordance with section 72(1)(a) of that Act, and under section 19 of the Criminal Procedure and Investigations Act 1996[^f00002].

Citation, commencement and interpretation

1

These Rules may be cited as The Criminal Procedure (Amendment No. 2) Rules 2010 and shall come into force on 4th April 2011.

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 2010[^f00003].

Amendments to the Criminal Procedure Rules 2010

3

In Part 4 (Service of documents)—

• (a) in the table of contents, for the title to rule 4.7, substitute ‘Documents that must be served by specified methods’;

• (b) for rule 4.7 (Documents that must be served only by handing them over, leaving or posting them), and the heading to that rule, substitute—

(4.7) (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); (2) Those documents are— (a) a summons, requisition or witness summons; (b) notice of an order under section 25 of the Road Traffic Offenders Act 1988[^f00004]; (c) a notice of registration under section 71(6) of that Act[^f00005]; (d) notice of a hearing to review the postponement of the issue of a warrant of detention or imprisonment under section 77(6) of the Magistrates’ Courts Act 1980[^f00006]; (e) notice under section 86 of that Act[^f00007] of a revised date to attend a means inquiry; (f) any notice or document served under Part 19 (Bail in magistrates’ courts and the Crown Court); (g) notice under rule 37.15(a) of when and where an adjourned hearing will resume; (h) notice under rule 42.5(3) of an application to vary or discharge a compensation order; (i) notice under rule 42.10(2)(c) of the location of the sentencing or enforcing court; (j) a collection order, or notice requiring payment, served under rule 52.2(a). (3) An application or written statement, and notice, under rule 62.9 alleging 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).

; and

• (c) for rule 4.9(1) (Service by another method), substitute—

(4.9) (1) The court may allow service of a document by a method— (a) other than those described in rules 4.3 to 4.6 and in rule 4.8; (b) other than one specified by rule 4.7, where that rule applies.

4

For Part 8 (Objecting to the discontinuance of proceedings in a magistrates’ court), substitute the Part as set out in Schedule 1 to these Rules.

5

In the note to rule 15.1 (Application for a preparatory hearing), omit the last sentence.

6

In Part 22 (Disclosure)—

• (a) for rule 22.4 (Defence disclosure), and the note to that rule, substitute—

(22.4) [Note. The Practice Direction sets out forms of— (1) This rule applies where— (a) under section 5[^f00008] or 6 of the Criminal Procedure and Investigations Act 1996[^f00009], the defendant gives a defence statement; (b) under section 6C of the 1996 Act[^f00010], the defendant gives a defence witness notice. (2) The defendant must serve such a statement or notice on— (a) the court officer; and (b) the prosecutor. (a) defence statement; and (b) defence witness notice. Under section 5 of the 1996 Act, in the Crown Court the defendant must give a defence statement. Under section 6 of the Act, in a magistrates’ court the defendant may give such a statement but need not do so. - Under section 6C of the 1996 Act, in the Crown Court and in magistrates’ courts the defendant must give a defence witness notice indicating whether he or she intends to call any witnesses (other than him or herself) and, if so, identifying them.]

• (b) for rule 22.8 (Unauthorised use of disclosed material), substitute—

(22.8) (1) This rule applies where a person is accused of using disclosed prosecution material in contravention of section 17 of the Criminal Procedure and Investigations Act 1996[^f00011]. (2) A party who wants the court to exercise its power to punish that person for contempt of court must comply with the rules in Part 62 (Contempt of court). (3) The court must not exercise its power to forfeit material used in contempt of court unless— (a) the prosecutor; and (b) any other person directly affected by the disclosure of the material, is present, or has had at least 14 days in which to make representations.

• (c) in the note to rule 22.8 (Unauthorised use of disclosed material), omit the final paragraph;

• (d) in rule 22.9 (Court’s power to vary requirements under this Part), in paragraph (b), after ‘defence statement’, insert ‘, or a defence witness notice,’; and

• (e) in the ‘Summary of disclosure requirements of Criminal Procedure and Investigations Act 1996’ at the end of Part 22 (Disclosure), in the section headed ‘Defence disclosure’—

• (i) for the first paragraph substitute—

Under section 5 of the 1996 Act, in the Crown Court the defendant must give a defence statement. Under section 6 of the Act, in a magistrates’ court the defendant may give such a statement but need not do so. Under section 6C of the 1996 Act, in the Crown Court and in magistrates’ courts the defendant must give a defence witness notice indicating whether he or she intends to call any witnesses (other than him or herself) and, if so, identifying them.

• (ii) for the last two paragraphs, beginning ‘Under section 11 of the 1996 Act[^f00012],’ substitute—

The time for service of a defence witness notice is prescribed by section 12 of the 1996 Act[^f00013]and by the Criminal Procedure and Investigations Act 1996 (Notification of Intention to Call Defence Witnesses) (Time Limits) Regulations 2010[^f00014]. It is not more than 14 days after the prosecutor discloses material under section 3 of the 1996 Act[^f00015], or serves notice that there is no such material to disclose. A defence witness notice that identifies any proposed defence witness (other than the defendant) must— (a) give the name, address and date of birth of each such witness, or as many of those details as are known to the defendant when the notice is given; (b) provide any information in the defendant’s possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned in paragraph (a) are not known to the defendant when the notice is given; and (c) amend any earlier such notice, if the defendant— (i) decides to call a person not included in an earlier notice as a proposed witness, (ii) decides not to call a person so included, or (iii) discovers any information which the defendant would have had to include in an earlier notice, if then aware of it. Under section 11 of the 1996 Act, if a defendant— (a) fails to disclose what the Act requires; (b) fails to do so within the time prescribed; (c) at trial, relies on a defence, or facts, not mentioned in the defence statement; (d) at trial, introduces alibi evidence without having given in the defence statement— (i) particulars of the alibi, or (ii) the details of the alibi witness, or witnesses, required by the Act; or (e) at trial, calls a witness not identified in a defence witness notice, then the court or another party at trial may comment on that, and the court may draw such inferences as appear proper in deciding whether the defendant is guilty. Under section 6E(2) of the 1996 Act[^f00016], if before trial in the Crown Court it seems to the court that section 11 may apply, then the court must warn the defendant.

7

In rule 35.2(1)(b) (Content of application or notice), for ‘; and’, substitute ‘.’.

8

In Part 42 (Sentencing procedures in special cases)—

• (a) in the table of contents, for the title to rule 42.3, substitute ‘Notification requirements’;

• (b) for rule 42.3 (Defendant’s duty to notify information to police), and the heading and note to that rule, substitute—

(42.3) [Note. For the circumstances in which a defendant is required to notify information to the police, see— (1) This rule applies where, on a conviction, sentence or order, legislation requires the defendant— (a) to notify information to the police; or (b) to be included in a barred list. (2) The court must tell the defendant that such requirements apply, and under what legislation. (a) Part 2 of, and Schedule 3 to, the Sexual Offences Act 2003[^f00017](notification after conviction of a specified sexual offence for which a specified sentence is imposed); (b) Part 4 of the Counter Terrorism Act 2008[^f00018](notification after conviction of a specified offence of, or connected with, terrorism, for which a specified sentence is imposed). For the circumstances in which a defendant will be included in a barred list, see paragraphs 1, 2, 7, 8 and 24 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006[^f00019]. See also paragraph 25 of that Schedule[^f00020]. - These requirements are not part of the court’s sentence.]

; and

• (c) in the note to rule 42.8 (Requests for medical reports, etc)—

• (i) for paragraph (f), substitute—

(f) section 157 of the Criminal Justice Act 2003[^f00021], under which the court must usually obtain and consider a medical report before passing a custodial sentence if the defendant is, or appears to be, mentally disordered; (g) section 207 of the 2003 Act[^f00022](in the case of a defendant aged 18 or over), or section 1(1)(k) of the Criminal Justice and Immigration Act 2008[^f00023](in the case of a defendant who is under 18), under which the court may impose a mental health treatment requirement.

• (ii) in the fourth paragraph from the end of the note, after ‘the purposes of (f)’, insert ‘and (g)’.

9

For Part 62 (Contempt of court), substitute the Part as set out in Schedule 2 to these Rules.

10

In rule 68.7(1) (Adaptation of rules about introducing evidence)—

• (a) in paragraph (a), for ‘(special measures directions)’, substitute ‘(measures to assist a witness or defendant to give evidence)’;

• (b) omit paragraph (b); and

• (c) re-number paragraphs (c) to (e), as paragraphs (b) to (d).

11

In the note to rule 76.7 (Costs on an application)—

• (a) at the end of paragraph (c), omit ‘and’;

• (b) at the end of paragraph (d), after ‘1965’, insert ‘; and’; and

• (c) insert at the appropriate place—

(e) section 4(7) of the Dangerous Dogs Act 1991[^f00024].

12

In the preamble to The Criminal Procedure Rules 2010—

• (a) in the first column, headed ‘Rule’, insert, in the appropriate place, ‘62.16’; and

• (b) in the second column, headed ‘Power’, insert, beside ‘62.16’, ‘Section 19 of the Criminal Procedure and Investigations Act 1996[^f00025]’.

13

In the Arrangement of Rules contained in The Criminal Procedure Rules 2010, for the entry for Part 8 (Objecting to the discontinuance of proceedings in a magistrates’ court), substitute ‘Discontinuing a prosecution’.

SCHEDULE 1

SCHEDULE 2

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 — James Barker-McCardle — Jeremy Corbett — James Riches

I allow these Rules, which shall come into force on

Kenneth Clarke — Lord Chancellor — 20th December 2010

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules make the following amendments to The Criminal Procedure Rules 2010, S.I. 2010/60:

Amendments to other rules, and notes to rules. Corrections are made to rules 35.2(1) and 68.7(1). The notes to rules 15.1 and 76.7 are amended to bring up to date and to correct the legislative and cross-references that they contain.

Amendments to the preamble. The preamble that lists the powers exercised by the Criminal Procedure Rule Committee is amended to include a reference to the power now exercised by the Committee to make rule 62.16 of the Criminal Procedure Rules.

Amendments to the Arrangement of Rules. The Arrangement of Rules is amended in consequence of the substitution of Part 8 of the Criminal Procedure Rules.

These Rules come into force on 4th April 2011.

Footnotes

[^f00001]: 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).

[^f00002]: 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).

[^f00003]: S.I. 2010/60, amended by S.I. 2010/1921.

[^f00004]: 1988 c. 53; section 25 was amended by section 90 of, and paragraphs 140 and 142 of Schedule 13 to, the Access to Justice Act 1999 (c. 22), section 165 of, and paragraph 118 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) and section 109 of, and paragraph 311 of Schedule 8 to, the Courts Act 2003 (c. 39).

[^f00005]: 1988 c. 53; section 71(6) was amended by section 109 of, and paragraph 317 of Schedule 8 to, the Courts Act 2003 (c. 39).

[^f00006]: 1980 c. 43; section 77(6) was substituted by section 109 of, and paragraph 218 of Schedule 8 to, the Courts Act 2003 (c.39).

[^f00007]: 1980 c. 43; section 86 was amended by section 51(2) of the Criminal Justice Act 1982 (c. 48) and section 97(3) of the Access to Justice Act 1999 (c. 22).

[^f00008]: 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 3 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) in respect of certain proceedings only. It is further amended by sections 33, 41, and 332 of, and paragraph 66 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.

[^f00009]: 1996 c. 25; section 6(3) was repealed by paragraphs 20 and 24 of Schedule 36 and Part 3 of Schedule 37 to the Criminal Justice Act 2003 (c. 44).) For transitional provisions and savings, see paragraph (2) of Schedule 2 to S.I. 2005/950.

[^f00010]: 1996 c. 25; section 6C was inserted by section 34 of the Criminal Justice Act 2003 (c. 44).

[^f00011]: 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).

[^f00012]: 1996 c. 25; section 11 was substituted by section 39 of the Criminal Justice Act 2003 (c. 44) and amended by section 60(2) of the Criminal Justice and Immigration Act 2008 (c. 4).

[^f00013]: 1996 c. 25; section 12 was amended by sections 331 of, and paragraphs 20 and 28 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).

[^f00014]: S.I. 2010/214.

[^f00015]: 1996 c. 25; section 3 was 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).

[^f00016]: 1996 c. 25; section 6E was inserted by section 36 of the Criminal Justice Act 2003 (c. 44).

[^f00017]: 2003 c. 42; Schedule 3 was amended by article 2 of S.I. 2007/296, section 63(2) of, and paragraph 63 of Schedule 6 to, the Serious Crimes Act 2007 (c. 27), section 148(1) of, and paragraphs 53 and 58 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c. 4) and section 177(1) of, and paragraph 62 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25). Other amendments to Schedule 3 are not relevant to these Rules.

[^f00018]: 2008 c. 28.

[^f00019]: 2006 c. 47; paragraphs 1, 2, 7 and 8 of Schedule 3 were amended by section 89 of the Policing and Crime Act 2009 (c. 26), paragraph 2 was also amended by section 81 of the 2009 Act. Paragraph 24 was amended by article 2 of S.I. 2008/3050.

[^f00020]: 2006 c. 47; paragraph 25 of Schedule 3 was amended by article 3 of S.I. 2008/3050 and section 81 of the Policing and Crime Act 2009 (c. 26).

[^f00021]: 2003 c. 44.

[^f00022]: 2003 c. 44; section 207 was amended by article 4(2) of, and paragraph 7 of Schedule 5 to, S.I. 2009/1182 and article 14(a) and (b) of, and Part 1 of Schedule 5 to, S.I. 2010/813.

[^f00023]: 2008 c. 4.

[^f00024]: 1991 c. 65.

[^f00025]: 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).

[^f00026]: 1985 c. 23; section 23 was amended by section 119 of, and paragraph 63 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), paragraph 290 of Schedule 8 to the Courts Act 2003 (c. 39) and section 41 of, and paragraph 57 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). The amendment made by section 41 of the Criminal Justice Act 2003 is in force for certain purposes, for remaining purposes it has effect from a date to be appointed. The amendment made by the Crime and Disorder Act 1998 is also in force only for certain purposes.

[^f00027]: 1985 c. 23; section 23A was inserted by section 119 of, and paragraph 64 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37) and amended by sections 41 and 332 of, and paragraph 57(1) and 57(7)(a) and (7)(b) of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44). The amendment made by section 41 of, and paragraph 57(1) and 57(7)(b) of Schedule 3 to the Criminal Justice Act 2003, is in force for certain purposes, for remaining purposes it has effect from a date to be appointed. The amendment made by the Crime and Disorder Act 1998 is also in force only for certain purposes.

[^f00028]: 2005 c. 11.

[^f00029]: 2005 c. 15.

[^f00030]: 1985 c. 23; section 17 was amended by section 40 of, and paragraph 41 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4).

[^f00031]: 1998 c. 37; section 51 is substituted by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44). The amendment is in force for certain purposes (see S.I. 2005/950) and for remaining purposes, it is in force from a date to be appointed. It was amended by paragraph 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4).

[^f00032]: 1981 c. 54.

[^f00033]: 1980 c. 43; section 97(4) was amended by sections 13 and 14 of, and paragraph 7 of Schedule 2 to, the Contempt of Court Act 1981 (c. 47) and section 17 of, and paragraph 6 of Schedule 3 and Part I of Schedule 4 to, the Criminal Justice Act 1991 (c. 53).

[^f00034]: 1981 c. 49.

[^f00035]: 1965 c. 69; section 3 was amended by section 56 of, and Part IV of Schedule 11 to, the Courts Act 1971 (c. 23) and sections 65 and 66 of the Criminal Procedure and Investigations Act 1996 (c. 25).

[^f00036]: 1974 c. 23; section 20 was amended by sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48), section 170(1) of, and paragraph 46 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), paragraph 28 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33) and paragraphs 1 and 14 of Schedule 33 to, the Criminal Justice Act 2003 (c. 44).

[^f00037]: 1981 c. 49.

[^f00038]: 1981 c. 49; section 12 was amended by section 78 of, and Schedule 16 to, the Criminal Justice Act 1982 (c. 48), section 17(3) of, and Part I of Schedule 4 to, the Criminal Justice Act 1991 (c. 53); section 65(3) and (4) of, and paragraph 6(4) of Schedule 3 to, the Criminal Justice Act 1993 (c. 36) and section 165 of, and paragraph 83 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

[^f00039]: 1981 c. 49.

[^f00040]: 1976 c. 63; section 6 was amended by sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48), section 109 of, and paragraph 184 of Schedule 8 to, the Courts Act 2003 (c. 39) and sections 15 and 41 of, and paragraphs 48(1) and 48(4) of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). The amendments made by Schedule 3 of the 2003 Act are in force in relation to certain cases only, and for remaining purposes will take effect from a date to be appointed.

[^f00041]: 1981 c. 49; section 14 was amended by section 65(1) of, and paragraphs 59 and 60 of Schedule 3 to, the Mental Health (Amendment) Act 1982 (c. 51), section 148 of, and paragraph 57 of Schedule 4 to, the Mental Health Act 1983 (c. 20), section 17(3) of, and Parts 1 and V of Schedule 4 to, the Criminal Justice Act 1991 (c. 53), section 65(3) and (4) of, and paragraph 6(5) of Schedule 3 to, the Criminal Justice Act 1993 (c. 36), section 165(1) of, and paragraph 84 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 1(4) of, and paragraph 19 of Schedule 1 to, the Mental Health Act 2007 (c. 12) and it is amended by sections 6(2) and 149 of, and paragraph 25 of Schedule 4 and Part 1 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4), with effect from a date to be appointed.

[^f00042]: 1981 c. 49.

[^f00043]: 2000 c. 6; section 89 is amended by section 74 of, and paragraphs 160 and 180 of Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c. 43), with effect from a date to be appointed. It was amended by paragraph 74(3)(b) of Schedule 3 of, the Criminal Justice Act 2003 (c. 44) with effect from 9 May, 2005, in relation to cases sent for trial under section 51A(3) of the Crime and Disorder Act 1998 (c. 37). It is also amended by paragraph 74(3)(a) of the 2003 Act, with effect from a date to be appointed.

[^f00044]: 2000 c. 6; section 108 is repealed by sections 74 and 74 of, and paragraphs 160 and 188 of Schedule 8 to, the Criminal Justice and Court Services Act 2000 (c. 43), with effect from a date to be appointed.

[^f00045]: 1981 c. 49. There are two sub-section (2A)s. The first is relevant. It was inserted by section 77 of, and paragraph 60 of Schedule 14 to, the Criminal Justice Act 1982 (c. 48) and amended by section 165(1) of, and paragraph 84 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6). It is repealed by sections 6(2) and 149 of, and paragraph 25 of Schedule 4 and Part 1 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4), with effect from a date to be appointed.

[^f00046]: 2003 c. 44; section 258 was amended by article 3(1) and (12) of S.I. 2005/643 and is amended by section 34(1) and (5) of the Police and Justice Act 2006 (c. 4), with effect from a date to be appointed.

[^f00047]: 1999 c. 22; section 12 was amended by section 182 of the Extradition Act 2003 (c. 41) and article 8 of, and paragraph 4 of the Schedule to, S.I. 2005/3429.

[^f00048]: 1981 c. 49; section 12(2) was amended by Part 1 of Schedule 4 to the Criminal Justice Act 1991 (c. 53).

[^f00049]: 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).

[^f00050]: 1981 c. 54.

[^f00051]: 1996 c. 25.

[^f00052]: 1995 c. 38.

[^f00053]: 1995 c. 38.

[^f00054]: 1995 c. 38.

[^f00055]: 1981 c. 54.

[^f00056]: 1981 c. 49; section 14 was amended by section 65(1) of, and paragraphs 59 and 60 of Schedule 3 to, the Mental Health (Amendment) Act 1982 (c. 51), section 148 of, and paragraph 57 of Schedule 4 to, the Mental Health Act 1983 (c. 20), section 17(3) of, and Parts 1 and V of Schedule 4 to, the Criminal Justice Act 1991 (c. 53), section 65(3) and (4) of, and paragraph 6(5) of Schedule 3 to, the Criminal Justice Act 1993 (c. 36), section 165(1) of, and paragraph 84 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 1(4) of, and paragraph 19 of Schedule 1 to, the Mental Health Act 2007 (c. 12) and it is amended by sections 6(2) and 149 of, and paragraph 25 of Schedule 4 and Part 1 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4), with effect from a date to be appointed.

[^f00057]: 1995 c. 38.

[^f00058]: 1995 c. 38.

[^f00059]: 1995 c. 38.

[^f00060]: 1865 c. 18; section 6 was amended by section 10 of the Decimal Currency Act 1969 (c. 19), 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). It is further amended by section 119 of, and Schedule 7 to, the Police and Criminal Evidence Act 1984 (c. 60) and article 90 of, and Schedule 7 to, S.I. 1989/1342, with effect from a date to be appointed.

[^f00061]: 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).

[^f00062]: 1980 c. 43; section 51 was substituted by section 47(1) of the Courts Act 2003 (c. 39).

[^f00063]: 1980 c. 43.

[^f00064]: 1980 c. 43.

[^f00065]: 1980 c. 43; section 97(1) was substituted by section 169(2) of the Serious Organised Crime and Police Act 2005 (c. 15).

[^f00066]: 1980 c. 43.

[^f00067]: 1980 c. 43.

[^f00068]: 1980 c. 43.

[^f00069]: 1996 c. 25; section 19(3) was amended by section 109 of, and paragraph 377 of Schedule 8 to, the Courts Act 2003 (c. 39) and section 15 of, and paragraph 251 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4).

[^f00070]: 1981 c. 49; Schedule 3 has been amended but the amendment is not relevant to this rule.