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The Criminal Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-01-11

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 11th January 2010

Laid before Parliament: 29th January 2010

Coming into force: 5th April 2010

These rules may be cited as the Criminal Procedure Rules 2010 and shall come into force on 5th April 2010.

PART 1 — THE OVERRIDING OBJECTIVE

Contents of this Part

The overriding objective	rule 1.1
The duty of the participants in a criminal case	rule 1.2
The application by the court of the overriding objective	rule 1.3

The overriding objective

1.1

(1) The overriding objective of this new code is that criminal cases be dealt with justly.

(2) Dealing with a criminal case justly includes―

(a) acquitting the innocent and convicting the guilty;

(b) dealing with the prosecution and the defence fairly;

(c) recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights;

(d) respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case;

(e) dealing with the case efficiently and expeditiously;

(f) ensuring that appropriate information is available to the court when bail and sentence are considered; and

(g) dealing with the case in ways that take into account―

(i) the gravity of the offence alleged,

(ii) the complexity of what is in issue,

(iii) the severity of the consequences for the defendant and others affected, and

(iv) the needs of other cases.

The duty of the participants in a criminal case

1.2

(1) Each participant, in the conduct of each case, must―

(a) prepare and conduct the case in accordance with the overriding objective;

(b) comply with these Rules, practice directions and directions made by the court; and

(c) at once inform the court and all parties of any significant failure (whether or not that participant is responsible for that failure) to take any procedural step required by these Rules, any practice direction or any direction of the court. A failure is significant if it might hinder the court in furthering the overriding objective.

(2) Anyone involved in any way with a criminal case is a participant in its conduct for the purposes of this rule.

The application by the court of the overriding objective

1.3

The court must further the overriding objective in particular when―

(a) exercising any power given to it by legislation (including these Rules);

(b) applying any practice direction; or

PART 2 — UNDERSTANDING AND APPLYING THE RULES

Contents of this Part

When the Rules apply	rule 2.1
Definitions	rule 2.2
References to Acts of Parliament and to Statutory Instruments	rule 2.3
The glossary	rule 2.4
Representatives	rule 2.5

When the Rules apply

2.1

(1) In general, the Criminal Procedure Rules apply―

(a) in all criminal cases in magistrates’ courts and in the Crown Court; and

(b) in all cases in the criminal division of the Court of Appeal.

(2) If a rule applies only in one or two of those courts, the rule makes that clear.

(3) The Rules apply on and after 5th April, 2010, but unless the court otherwise directs they do not affect―

(a) a right or duty existing under The Criminal Procedure Rules 2005; or

(b) the application of Part 29, Part 34 or Part 35 of The Criminal Procedure Rules 2005 in a case in which an application or notice under the Part concerned has been served before that date.

[Note. The rules replaced by the first Criminal Procedure Rules (The Criminal Procedure Rules 2005) were revoked when those Rules came into force by provisions of the Courts Act 2003, The Courts Act 2003 (Consequential Amendments) Order 2004[^f00014]and The Courts Act 2003 (Commencement No. 6 and Savings) Order 2004[^f00015]. The first Criminal Procedure Rules reproduced the substance of all the rules they replaced.]

Definitions

2.2

(1) In these Rules, unless the context makes it clear that something different is meant:

‘business day’ means any day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday, Easter Monday or a bank holiday;

‘court’ means a tribunal with jurisdiction over criminal cases. It includes a judge, recorder, District Judge (Magistrates’ Court), lay justice and, when exercising their judicial powers, the Registrar of Criminal Appeals, a justices’ clerk or assistant clerk;

‘court officer means the appropriate member of the staff of a court;

‘justices’ legal adviser’ means a justices’ clerk or an assistant to a justices’ clerk;

‘live link’ means an arrangement by which a person can see and hear, and be seen and heard by, the court when that person is not in court;

‘Practice Direction’ means the Lord Chief Justice’s Consolidated Criminal Practice Direction, as amended; and

‘public interest ruling’ means a ruling about whether it is in the public interest to disclose prosecution material under sections 3(6), 7A(8) or 8(5) of the Criminal Procedure and Investigations Act 1996[^f00016].

(2) Definitions of some other expressions are in the rules in which they apply.

References to Acts of Parliament and to Statutory Instruments

2.3

In these Rules, where a rule refers to an Act of Parliament or to subordinate legislation by title and year, subsequent references to that Act or to that legislation in the rule are shortened: so, for example, after a reference to the Criminal Procedure and Investigations Act 1996[^f00017] that Act is called ‘the 1996 Act’; and after a reference to The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997[^f00018] those Regulations are called ‘the 1997 Regulations’.

The glossary

2.4

The glossary at the end of the Rules is a guide to the meaning of certain legal expressions used in them.

Representatives

2.5

(1) Under these Rules, unless the context makes it clear that something different is meant, anything that a party may or must do may be done—

(a) by a legal representative on that party’s behalf;

(b) by a person with the corporation’s written authority, where that party is a corporation;

(i) who is under 18, or

(ii) whose understanding of what the case involves is limited.

(2) Anyone with a prosecutor’s authority to do so may, on that prosecutor’s behalf—

(a) serve on the magistrates’ court officer, or present to a magistrates’ court, an information under section 1 of the Magistrates’ Courts Act 1980[^f00019]; or

(b) issue a written charge and requisition under section 29 of the Criminal Justice Act 2003[^f00020].

[Note. See also section 122 of the Magistrates’ Courts Act 1980[^f00021]. A party’s legal representative must be entitled to act as such under section 27 or 28 of the Courts and Legal Services Act 1990[^f00022].

PART 3 — CASE MANAGEMENT

Contents of this Part

The scope of this Part	rule 3.1
The duty of the court	rule 3.2
The duty of the parties	rule 3.3
Case progression officers and their duties	rule 3.4
The court’s case management powers	rule 3.5
Application to vary a direction	rule 3.6
Agreement to vary a time limit fixed by a direction	rule 3.7
Case preparation and progression	rule 3.8
Readiness for trial or appeal	rule 3.9
Conduct of a trial or an appeal	rule 3.10
Case management forms and records	rule 3.11

The scope of this Part

3.1

This Part applies to the management of each case in a magistrates’ court and in the Crown Court (including an appeal to the Crown Court) until the conclusion of that case.

[Note. Rules that apply to procedure in the Court of Appeal are in Parts 65 to 73 of these Rules.]

The duty of the court

3.2

(1) The court must further the overriding objective by actively managing the case.

(2) Active case management includes―

(a) the early identification of the real issues;

(b) the early identification of the needs of witnesses;

(c) achieving certainty as to what must be done, by whom, and when, in particular by the early setting of a timetable for the progress of the case;

(d) monitoring the progress of the case and compliance with directions;

(e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;

(f) discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and avoiding unnecessary hearings;

(g) encouraging the participants to co-operate in the progression of the case; and

(h) making use of technology.

(3) The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible.

The duty of the parties

3.3

Each party must―

(a) actively assist the court in fulfilling its duty under rule 3.2, without or if necessary with a direction; and

(b) apply for a direction if needed to further the overriding objective.

Case progression officers and their duties

3.4

(1) At the beginning of the case each party must, unless the court otherwise directs―

(a) nominate an individual responsible for progressing that case; and

(b) tell other parties and the court who he is and how to contact him.

(2) In fulfilling its duty under rule 3.2, the court must where appropriate―

(a) nominate a court officer responsible for progressing the case; and

(b) make sure the parties know who he is and how to contact him.

(3) In this Part a person nominated under this rule is called a case progression officer.

(4) A case progression officer must―

(a) monitor compliance with directions;

(b) make sure that the court is kept informed of events that may affect the progress of that case;

(d) act promptly and reasonably in response to communications about the case; and

(e) if he will be unavailable, appoint a substitute to fulfil his duties and inform the other case progression officers.

The court’s case management powers

3.5

(1) In fulfilling its duty under rule 3.2 the court may give any direction and take any step actively to manage a case unless that direction or step would be inconsistent with legislation, including these Rules.

(2) In particular, the court may―

(a) nominate a judge, magistrate or justices’ legal adviser to manage the case;

(b) give a direction on its own initiative or on application by a party;

(d) for the purpose of giving directions, receive applications and representations by letter, by telephone or by any other means of electronic communication, and conduct a hearing by such means;

(e) give a direction without a hearing;

(f) fix, postpone, bring forward, extend or cancel a hearing;

(g) shorten or extend (even after it has expired) a time limit fixed by a direction;

(h) require that issues in the case should be determined separately, and decide in what order they will be determined; and

(i) specify the consequences of failing to comply with a direction.

(3) A magistrates’ court may give a direction that will apply in the Crown Court if the case is to continue there.

(4) The Crown Court may give a direction that will apply in a magistrates’ court if the case is to continue there.

(5) Any power to give a direction under this Part includes a power to vary or revoke that direction.

(6) If a party fails to comply with a rule or a direction, the court may—

(a) fix, postpone, bring forward, extend, cancel or adjourn a hearing;

(b) exercise its powers to make a costs order; and

[Note. Depending upon the nature of a case and the stage that it has reached, its progress may be affected by other Criminal Procedure Rules and by other legislation. The note at the end of this Part lists other rules and legislation that may apply.

Application to vary a direction

3.6

(1) A party may apply to vary a direction if―

(a) the court gave it without a hearing;

(b) the court gave it at a hearing in his absence; or

(2) A party who applies to vary a direction must―

(a) apply as soon as practicable after he becomes aware of the grounds for doing so; and

(b) give as much notice to the other parties as the nature and urgency of his application permits.

Agreement to vary a time limit fixed by a direction

3.7

(1) The parties may agree to vary a time limit fixed by a direction, but only if―

(a) the variation will not―

(i) affect the date of any hearing that has been fixed, or

(ii) significantly affect the progress of the case in any other way;

(b) the court has not prohibited variation by agreement; and

(2) The court’s case progression officer must refer the agreement to the court if he doubts the condition in paragraph (1)(a) is satisfied.

Case preparation and progression

3.8

(1) At every hearing, if a case cannot be concluded there and then the court must give directions so that it can be concluded at the next hearing or as soon as possible after that.

(2) At every hearing the court must, where relevant―

(a) if the defendant is absent, decide whether to proceed nonetheless;

(b) take the defendant’s plea (unless already done) or if no plea can be taken then find out whether the defendant is likely to plead guilty or not guilty;

(c) set, follow or revise a timetable for the progress of the case, which may include a timetable for any hearing including the trial or (in the Crown Court) the appeal;

(d) in giving directions, ensure continuity in relation to the court and to the parties’ representatives where that is appropriate and practicable; and

(e) where a direction has not been complied with, find out why, identify who was responsible, and take appropriate action.

(3) In order to prepare for a trial in the Crown Court, the court must conduct a plea and case management hearing unless the circumstances make that unnecessary.

(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.

Readiness for trial or appeal

3.9

(1) This rule applies to a party’s preparation for trial or appeal, and in this rule and rule 3.10 trial includes any hearing at which evidence will be introduced.

(2) In fulfilling his duty under rule 3.3, each party must―

(a) comply with directions given by the court;

(b) take every reasonable step to make sure his witnesses will attend when they are needed;

(d) promptly inform the court and the other parties of anything that may―

(i) affect the date or duration of the trial or appeal, or

(ii) significantly affect the progress of the case in any other way.

(3) The court may require a party to give a certificate of readiness.

Conduct of a trial or an appeal

3.10

In order to manage a trial or an appeal—

(a) the court must establish, with the active assistance of the parties, what disputed issues they intend to explore; and

(b) the court may require a party to identify—

(i) which witnesses that party wants to give oral evidence,

(ii) the order in which that party wants those witnesses to give their evidence,

(iii) whether that party requires an order compelling the attendance of a witness,

(iv) what arrangements are desirable to facilitate the giving of evidence by a witness,

(v) what arrangements are desirable to facilitate the participation of any other person, including the defendant,

(vi) what written evidence that party intends to introduce,

(vii) what other material, if any, that person intends to make available to the court in the presentation of the case,

(viii) whether that party intends to raise any point of law that could affect the conduct of the trial or appeal, and

(ix) what timetable that party proposes and expects to follow.

[Note. See also rule 3.5.]

Case management forms and records

3.11

(1) The case management forms set out in the Practice Direction must be used, and where there is no form then no specific formality is required.

(2) The court must make available to the parties a record of directions given.

[Note. Case management may be affected by the following other rules and legislation:

PART 4 — SERVICE OF DOCUMENTS

Contents of this Part

When this Part applies	rule 4.1
Methods of service	rule 4.2
Service by handing over a document	rule 4.3
Service by leaving or posting a document	rule 4.4
Service through a document exchange	rule 4.5
Service by fax, e-mail or other electronic means	rule 4.6
Documents that must be served only by handing them over,
leaving or posting them	rule 4.7
Service by person in custody	rule 4.8
Service by another method	rule 4.9
Date of service	rule 4.10
Proof of service	rule 4.11
Court’s power to give directions about service	rule 4.12

When this Part applies

4.1

The rules in this Part apply to the service of every document in a case to which these Rules apply, subject to any special rules in other legislation (including other Parts of these Rules) or in the Practice Direction.

Methods of service

4.2

A document may be served by any of the methods described in rules 4.3 to 4.6 (subject to rule 4.7), or in rule 4.8.

Service by handing over a document

4.3

(1) A document may be served on—

(a) an individual by handing it to him or her;

(b) a corporation by handing it to a person holding a senior position in that corporation;

(d) the prosecution by handing it to the prosecutor or to the prosecution representative;

(e) the court officer by handing it to a court officer with authority to accept it at the relevant court office; and

(f) the Registrar of Criminal Appeals by handing it to a court officer with authority to accept it at the Criminal Appeal Office.

(2) If an individual is 17 or under, a copy of a document served under paragraph (1)(a) must be handed to his or her parent, or another appropriate adult, unless no such person is readily available.

[Note. Certain legislation treats a body that is not a corporation as if it were one for the purposes of rules about service of documents. See for example section 143 of the Adoption and Children Act 2002[^f00049].]

Service by leaving or posting a document

4.4

(1) A document may be served by leaving it at the appropriate address for service under this rule or by sending it to that address by first class post or by the equivalent of first class post.

(2) The address for service under this rule on—

(a) an individual is an address where it is reasonably believed that he or she will receive it;

(b) a corporation is its principal office, and if there is no readily identifiable principal office then any place where it carries on its activities or business;

(d) the prosecution is the prosecutor’s office;

(e) the court officer is the relevant court office; and

(f) the Registrar of Criminal Appeals is the Criminal Appeal Office, Royal Courts of Justice, Strand, London, WC2A 2LL.

[Note. In addition to service in England and Wales for which these rules provide, service outside England and Wales may be allowed under other legislation. See—

(a) section 39 of the Criminal Law Act 1977[^f00050](service of summons, etc. in Scotland and Northern Ireland);

(b) section 1139(4) of the Companies Act 2006[^f00051](service of copy summons, etc. on company’s registered office in Scotland and Northern Ireland);

(c) sections 3, 4, 4A and 4B of the Crime (International Co-operation) Act 2003[^f00052](service of summons, etc. outside the United Kingdom) and rules 32.1 and 32.2; and

(d) section 1139(2) of the Companies Act 2006 (service on overseas company).]

Service through a document exchange

4.5

A document may be served by document exchange (DX) where—

(a) the writing paper of the person to be served gives a DX box number; and

(b) that person has not refused to accept service by DX.

Service by fax, e-mail or other electronic means

4.6

(1) A document may be served by fax, e-mail or other electronic means where—

(a) the person to be served has given a fax, e-mail or other electronic address; and

(b) that person has not refused to accept service by that means.

(2) Where a document is served under this rule the person serving it need not provide a paper copy as well.

Documents that must be served only by handing them over, leaving or posting them

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[^f00053];

(d) a notice of discontinuance under section 23(4) of the Prosecution of Offences Act 1985[^f00055];

(e) notice under rule 37.3(1) of the date, time and place to which the trial of an information has been adjourned, where it was adjourned in the defendant’s absence;

(f) a notice of fine or forfeited recognizance required by rule 52.1(1);

(g) notice under section 86 of the Magistrates’ Courts Act 1980[^f00056] of a revised date to attend a means inquiry;

(h) notice of a hearing to review the postponement of the issue of a warrant of commitment under section 77(6) of the Magistrates’ Courts Act 1980[^f00057];

(i) a copy of the minute of a magistrates’ court order required by rule 52.7(1);

(j) an invitation to make observations or attend a hearing under rule 53.1(2) on the review of a compensation order under section 133 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00058];

(k) any notice or document served under Part 19.

(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).

Service by person in custody

4.8

(1) A person in custody may serve a document by handing it to the custodian addressed to the person to be served.

(2) The custodian must—

(a) endorse it with the time and date of receipt;

(b) record its receipt; and

Service by another method

4.9

(1) The court may allow service of a document by a method other than those described in rules 4.3 to 4.6 and in rule 4.8.

(2) An order allowing service by another method must specify—

(a) the method to be used; and

(b) the date on which the document will be served.

Date of service

4.10

(1) A document served under rule 4.3 or rule 4.8 is served on the day it is handed over.

(2) Unless something different is shown, a document served on a person by any other method is served—

(a) in the case of a document left at an address, on the next business day after the day on which it was left;

(b) in the case of a document sent by first class post or by the equivalent of first class post, on the second business day after the day on which it was posted or despatched;

(c) in the case of a document served by document exchange, on the second business day after the day on which it was left at the addressee’s DX or at a correspondent DX;

(d) in the case of a document transmitted by fax, e-mail or other electronic means, on the next business day after it was transmitted; and

(e) in any case, on the day on which the addressee responds to it if that is earlier.

(3) Unless something different is shown, a document produced by a court computer system is to be taken as having been sent by first class post or by the equivalent of first class post to the addressee on the business day after the day on which it was produced.

(4) Where a document is served on or by the court officer, ‘business day’ does not include a day on which the court office is closed.

Proof of service

4.11

The person who serves a document may prove that by signing a certificate explaining how and when it was served.

Court’s power to give directions about service

4.12

(1) The court may specify the time as well as the date by which a document must be—

(a) served under rule 4.3 or rule 4.8; or

(b) transmitted by fax, e-mail or other electronic means if it is served under rule 4.6.

(2) The court may treat a document as served if the addressee responds to it even if it was not served in accordance with the rules in this Part.

PART 5 — FORMS AND COURT RECORDS

Contents of this Part

Section 1: forms
Forms	rule 5.1
Magistrates’ courts forms in Welsh	rule 5.2
Signature of magistrates’ courts forms by justices’ clerks	rule 5.3

Section 2: court records
Magistrates’ court register	rule 5.4
Registration of endorsement of licence under
section 57 of the Road Traffic Offenders Act 1988	rule 5.5
Registration of certificate issued under
section 70 of the Road Traffic Offenders Act 1988	rule 5.6
Proof of proceedings in magistrates’ courts	rule 5.7

SECTION 1: FORMS

Forms

5.1

The forms set out in the Practice Direction shall be used as appropriate in connection with the rules to which they apply.

Magistrates’ courts forms in Welsh

5.2

(1) Subject to the provisions of this rule, the Welsh language forms set out in the Practice Direction or forms to the like effect may be used in connection with proceedings in magistrates’ courts in Wales.

(2) Both a Welsh form and an English form may be used in the same document.

(3) When only a Welsh form set out in the Practice Direction accompanying this rule, or only the corresponding English form, is used in connection with proceedings in magistrates’ courts in Wales, there shall be added the following words in Welsh and English:

Darperir y ddogfen hon yn Gymraeg / Saesneg os bydd arnoch ei heisiau. Dylech wneud cais yn ddi-oed i (Glerc Llys yr Ynadon) (rhodder yma’r cyfeiriad) This document will be provided in Welsh / English if you require it. You should apply immediately to (the Justices’ Clerk to the Magistrates’ Court) (address)

(If a person other than a justices’ clerk is responsible for sending or giving the document, insert that person’s name instead.)

(4) The justices’ clerk or other person responsible for the service of a form bearing the additional words set out in paragraph (3) above shall, if any person upon whom the form is served so requests, provide him with the corresponding English or Welsh form.

(5) In this rule any reference to serving a document shall include the sending, giving or other delivery of it.

(6) In the case of a discrepancy between an English and Welsh text the English text shall prevail.

Signature of magistrates’ courts forms by justices’ clerk

5.3

(1) Subject to paragraph (2) below, where any form prescribed by these Rules contains provision for signature by a justice of the peace only, the form shall have effect as if it contained provision in the alternative for signature by the justices’ clerk.

(2) This rule shall not apply to any form of information, complaint, statutory declaration or warrant, other than a warrant of commitment or of distress.

(3) In this rule where a signature is required on a form or warrant other than an arrest, remand or commitment warrant, an electronic signature incorporated into the document will satisfy this requirement.

SECTION 2: COURT RECORDS

Magistrates’ court register

5.4

(1) A magistrates’ court officer shall keep a register in which there shall be entered—

(a) a minute or memorandum of every adjudication of the court; and

(b) a minute or memorandum of every other proceeding or thing required by these Rules or any other enactment to be so entered.

(2) The register may be stored in electronic form on the court computer system and entries in the register shall include, where relevant, the following particulars—

(a) the name of the informant, complainant or applicant;

(b) the name and date of birth (if known) of the defendant or respondent;

(d) the date of offence or matter of complaint;

(e) the plea or consent to order; and

(f) the minute of adjudication.

(3) Particulars of any entry relating to a decision about bail, or the reasons for any such decision, or the particulars of any certificate granted under section 5(6A) of the Bail Act 1976[^f00059], may be made in a record separate from that in which the entry recording the decision itself is made; but any such separate record shall be regarded as forming part of the register.

(4) Where, by virtue of section 128(3A) of the Magistrates’ Courts Act 1980[^f00060], an accused gives his consent to the hearing and determination in his absence of any application for his remand on an adjournment of the case under sections 5, 10(1) or 18(4)[^f00061] of that Act, the court shall cause the consent of the accused, and the date on which it was notified to the court, to be entered in the register.

(5) Where any consent mentioned in paragraph (4) is withdrawn, the court shall cause the withdrawal of the consent and the date on which it was notified to the court to be entered in the register.

(6) On the summary trial of an information, the accused’s plea shall be entered in the register.

(7) Where a court tries any person summarily in any case in which he may be tried summarily only with his consent, the court shall cause his consent to be entered in the register and, if the consent is signified by a person representing him in his absence, the court shall cause that fact also to be entered in the register.

(8) Where a person is charged before a magistrates’ court with an offence triable either way, the court shall cause the entry in the register to show whether he was present when the proceedings for determining the mode of trial were conducted; and, if they were conducted in his absence, whether they were so conducted by virtue of section 18(3) of the 1980 Act (disorderly conduct on his part) or by virtue of section 23(1) of that Act[^f00062] (consent signified by person representing him).

(9) In any case to which section 22 of the 1980 Act[^f00063] (certain offences triable either way to be tried summarily if value involved is small) applies, the court shall cause its decision as to the value involved or, as the case may be, the fact that it is unable to reach such a decision to be entered in the register.

(10) Where a court has power under section 53(3) of the 1980 Act to make an order with the consent of the defendant without hearing evidence, the court shall cause any consent of the defendant to the making of the order to be entered in the register.

(11) In the case of conviction or dismissal, the register shall clearly show the nature of the offence of which the accused is convicted or, as the case may be, the nature of the offence charged in the information that is dismissed.

(12) An entry of a conviction in the register shall state the date of the offence.

(13) Where a court is required under section 130(3) of the Powers of Criminal Courts (Sentencing) Act 2000[^f00064] to give reasons for not making a compensation order the court shall cause the reasons given to be entered in the register.

(14) Where a court passes a custodial sentence, the court shall cause a statement of whether it obtained and considered a pre-sentence report before passing sentence to be entered in the register.

(15) Every register shall be open to inspection during reasonable hours by any justice of the peace, or any person authorised in that behalf by a justice of the peace or the Lord Chancellor.

(16) A record of summary conviction or order made on complaint required for an appeal or other legal purpose may be in the form of certified extract from the court register.

(17) Such part of the register as relates to proceedings in a youth court may be recorded separately and stored in electronic form on the court computer system.

Registration of endorsement of licence under section 57 of the Road Traffic Offenders Act 1988

5.5

A magistrates’ court officer or justices’ clerk who, as a fixed penalty clerk within the meaning of section 69(4) of the Road Traffic Offenders Act 1988[^f00065], endorses a driving licence under section 57(3) or (4) of that Act[^f00066] (endorsement of licences without hearing) shall register the particulars of the endorsement in a record separate from the register kept under rule 5.4; but any such record shall be regarded as forming part of the register.

Registration of certificate issued under section 70 of the Road Traffic Offenders Act 1988

5.6

A magistrates’ court officer shall register receipt of a registration certificate issued under section 70 of the Road Traffic Offenders Act 1988[^f00067] (sum payable in default of fixed penalty to be enforced as a fine) in a record separate from the register kept under rule 5.4; but any such record shall be regarded as forming part of the register.

Proof of proceedings in magistrates’ courts

5.7

The register of a magistrates’ court, or an extract from the register certified by the magistrates’ court officer as a true extract, shall be admissible in any legal proceedings as evidence of the proceedings of the court entered in the register.

[Note. For the requirement to keep a register, see rule 5.4.]

PART 6 — INVESTIGATION ORDERS

Contents of this Part

Section 1: understanding and applying this Part
When this Part applies	rule 6.1
Meaning of ‘court’, ‘applicant’ and ‘respondent’	rule 6.2

Section 2: general rules
Exercise of court’s powers	rule 6.3
Court’s power to vary requirements under this Part	rule 6.4
Custody of documents	rule 6.5

Section 3: orders under the Terrorism Act 2000
Application for an order under the Terrorism Act 2000	rule 6.6
Content of application for a production etc. order	rule 6.7
Content of application for an explanation order	rule 6.8
Content of application for a customer information order	rule 6.9
Content of application for an account monitoring order	rule 6.10
Application to vary or discharge an order	rule 6.11
Application containing information withheld from
a respondent or other person	rule 6.12
Application to punish for contempt of court	rule 6.13

Section 4: orders under the Proceeds of Crime Act 2002
Application for an order under the Proceeds of Crime Act 2002	rule 6.14
Content of application for a production order	rule 6.15
Content of application for an order to grant entry	rule 6.16
Content of application for a disclosure order	rule 6.17
Content of application for a customer information order	rule 6.18
Content of application for an account monitoring order	rule 6.19
Application to vary or discharge an order	rule 6.20
Application containing information withheld from
a respondent or other person	rule 6.21
Application to punish for contempt of court	rule 6.22

Section 5: orders under the Coroners and Justice Act 2009
Exercise of court’s powers	rule 6.23
Application for an investigation anonymity order	rule 6.24
Application to discharge an investigation anonymity order	rule 6.25
Appeal	rule 6.26

SECTION 1: UNDERSTANDING AND APPLYING THIS PART

When this Part applies

6.1

(1) Sections 2 and 3 of this Part apply where, for the purposes of a terrorist investigation—

(a) a Circuit judge can make, vary or discharge—

(i) an order for the production of, or for giving access to, material, or for a statement of its location, under paragraphs 5 and 10 of Schedule 5 to the Terrorism Act 2000[^f00068],

(ii) an explanation order, under paragraphs 10 and 13 of Schedule 5 to the 2000 Act[^f00069],

(iii) a customer information order, under paragraphs 1 and 4 of Schedule 6 to the 2000 Act[^f00070];

(b) a Circuit judge can make, and the Crown Court can vary or discharge, an account monitoring order, under paragraphs 2 and 4 of Schedule 6A to the 2000 Act[^f00071].

(2) Sections 2 and 4 of this Part apply where, for the purposes of a confiscation investigation or a money laundering investigation, a Crown Court judge can make, and the Crown Court can vary or discharge—

(a) a production order, under sections 345 and 351 of the Proceeds of Crime Act 2002[^f00072];

(b) an order to grant entry, under sections 347 and 351 of the 2002 Act;

(d) a customer information order, under sections 363 and 369 of the 2002 Act[^f00074];

(e) an account monitoring order, under sections 370 and 375 of the 2002 Act[^f00075].

(3) Rule 6.5 and Section 5 of this Part apply where—

(a) a justice of the peace can make or discharge an investigation anonymity order, under sections 76 and 80(1) of the Coroners and Justice Act 2009[^f00076];

(b) a Crown Court judge can determine an appeal against—

(i) a refusal of such an order, under section 79 of the 2009 Act,

(ii) a decision on an application to discharge such an order, under section 80(6) of the 2009 Act.

[Note. In outline, the orders to which these rules apply are—

(a) under the Terrorism Act 2000—

(i) an order requiring a person to produce, give access to, or state the location of material sought in a terrorist investigation,

(ii) an explanation order, requiring a person to explain material obtained under a production, etc. order,

(iii) a customer information order, requiring a financial institution to provide information about an account holder,

(iv) an account monitoring order, requiring a financial institution to provide specified information, for a specified period, about an account held at that institution;

(b) under the Proceeds of Crime Act 2002—

(i) a production order, requiring a person to produce or give access to material sought in a confiscation or money laundering investigation,

(ii) an order to grant entry, requiring a person to allow entry to premises so that a production order can be enforced,

(iii) a disclosure order, requiring a person to provide information or documents, or to answer questions,

(iv) a customer information order, requiring a financial institution to provide information about an account holder,

(v) an account monitoring order, requiring a financial institution to provide specified information, for a specified period, about an account held at that institution.

(c) under the Coroners and Justice Act 2009, an investigation anonymity order, prohibiting the disclosure of information that identifies, or might identify, a specified person as someone who is, or was, willing to assist the investigation of an offence of murder or manslaughter caused by a gun or knife.

Meaning of ‘court’, ‘applicant’ and ‘respondent’

6.2

In this Part—

(a) a reference to the ‘court’ includes a reference to any justice of the peace or judge who can exercise a power to which this Part applies;

(b) ‘applicant’ means any person who can apply for an order to which this Part applies; and

SECTION 2: GENERAL RULES

Exercise of court’s powers

6.3

(1) The court must determine an application for an order—

(a) at a hearing (which will be in private unless the court otherwise directs); and

(b) in the applicant’s presence.

(2) The court must not determine such an application in the absence of the respondent or any other person affected, unless—

(a) the absentee has had at least 2 business days in which to make representations; or

(b) the court is satisfied that—

(i) the applicant cannot identify or contact the absentee,

(ii) it would prejudice the investigation if the absentee were present, or

(iii) it would prejudice the investigation to adjourn or postpone the application so as to allow the absentee to attend.

(3) The court may determine an application to vary or discharge an order—

(a) at a hearing (which will be in private unless the court otherwise directs), or without a hearing; and

(b) in the absence of—

(i) the applicant,

(ii) the respondent,

(iii) any other person affected by the order.

Court’s power to vary requirements under this Part

6.4

(1) The court may—

(a) shorten or extend (even after it has expired) a time limit under this Part;

(b) dispense with a requirement for service under this Part (even after service was required); and

(2) A person who wants an extension of time must—

(a) apply when serving the application for which it is needed; and

(b) explain the delay.

Custody of documents

6.5

Unless the court otherwise directs, the court officer may—

(a) keep a written application; or

(b) arrange for the whole or any part to be kept by some other appropriate person, subject to any conditions that the court may impose.

SECTION 3: ORDERS UNDER THE TERRORISM ACT 2000

[Note. The rules in Section 2 (general rules) also apply.]

Application for an order under the Terrorism Act 2000

6.6

(1) This rule applies where an applicant wants the court to make one of the orders listed in rule 6.1(1).

(2) The applicant must—

(a) apply in writing;

(b) serve the application on—

(i) the court officer, and

(ii) the respondent (unless the court otherwise directs);

(d) give the information required by whichever of rules 6.7 to 6.10 applies; and

(e) serve any order made on the respondent.

[Note. Under rules 6.3 and 6.4, the court may—

(a) exercise its powers in a respondent’s absence; and

(b) dispense with a requirement for service.

Content of application for a production etc. order

6.7

As well as complying with rule 6.6, an applicant who wants the court to make an order for the production of, or access to, material, or for a statement of its location, must—

(a) describe that material;

(b) explain why the applicant thinks the material is—

(i) in the respondent’s possession, custody or power, or

(ii) likely to be so within 28 days of the order;

(d) confirm that none of the material is expected to be subject to legal privilege;

(e) explain why the material is likely to be of substantial value to the investigation;

(f) explain why it is in the public interest for the material to be produced, or for the applicant to be given access to it, having regard to—

(i) the benefit likely to accrue to the investigation if it is obtained, and

(ii) the circumstances in which the respondent has the material, or is expected to have it; and

(g) propose—

(i) the terms of the order, and

(ii) the period within which it should take effect.

[Note. See paragraphs 5 to 9 of Schedule 5 to the Terrorism Act 2000. The applicant for a production, etc. order must be a constable.

Content of application for an explanation order

6.8

As well as complying with rule 6.6, an applicant who wants the court to make an explanation order must—

(a) identify the material that the applicant wants the respondent to explain;

(b) confirm that the explanation is not expected to infringe legal privilege; and

(i) the terms of the order, and

(ii) the period within which it should take effect, if 7 days from the date of the order would not be appropriate.

[Note. See paragraph 13 of Schedule 5 to the Terrorism Act 2000. The applicant for an explanation order must be a constable.

Content of application for a customer information order

6.9

As well as complying with rule 6.6, an applicant who wants the court to make a customer information order must—

(a) explain why it is desirable for the purposes of the investigation to trace property said to be terrorist property within the meaning of the Terrorism Act 2000;

(b) explain why the order will enhance the effectiveness of the investigation; and

[Note. See Schedule 6 to the Terrorism Act 2000. The applicant for a customer information order must be a police officer of at least the rank of superintendent.

‘Customer information’ is defined by paragraph 7 of Schedule 6 to the 2000 Act. ‘Terrorist property’ is defined by section 14 of the Act.]

Content of application for an account monitoring order

6.10

As well as complying with rule 6.6, an applicant who wants the court to make an account monitoring order must—

(a) specify—

(i) the information sought,

(ii) the period during which the applicant wants the respondent to provide that information (to a maximum of 90 days), and

(iii) where, when and in what manner the applicant wants the respondent to provide that information;

(b) explain why it is desirable for the purposes of the investigation to trace property said to be terrorist property within the meaning of the Terrorism Act 2000;

(d) propose the terms of the order.

[Note. See Schedule 6A to the Terrorism Act 2000. The applicant for an account monitoring order must be a police officer.

‘Terrorist property’ is defined by section 14 of the Act.]

Application to vary or discharge an order

6.11

(1) This rule applies where one of the following wants the court to vary or discharge an order listed in rule 6.1(1)—

(a) an applicant;

(b) the respondent; or

(2) That applicant, respondent or person affected must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on—

(i) the court officer, and

(ii) the respondent, applicant, or any person known to be affected, as applicable;

(d) propose the terms of any variation; and

(e) ask for a hearing, if one is wanted, and explain why it is needed.

Application containing information withheld from a respondent or other person

6.12

(1) This rule applies where—

(a) an applicant serves on a respondent or other person an application for one of the orders listed in rule 6.1(1), or for the variation or discharge of such an order; and

(b) the application includes information that the applicant thinks ought not be revealed to that recipient.

(2) The applicant must—

(a) omit that information from the part of the application that is served on the respondent or other person;

(b) mark the other part, to show that it is only for the court; and

(3) A hearing of an application to which this rule applies may take place, wholly or in part, in the absence of the respondent and any other person.

(4) At a hearing of an application to which this rule applies—

(a) the general rule is that the court will receive, in the following sequence—

(i) representations first by the applicant and then by the respondent and any other person, in the presence of them all, and then

(ii) further representations by the applicant, in the others’ absence; but

(b) the court may direct other arrangements for the hearing.

Application to punish for contempt of court

6.13

(1) This rule applies where a person is accused of disobeying—

(a) a production etc. order made under paragraph 5 of Schedule 5 to the Terrorism Act 2000;

(b) an explanation order made under paragraph 13 of that Schedule; or

(2) An applicant 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).

[Note. The Crown Court has power to punish for contempt of court a person who disobeys its order. See paragraphs 10(1) and 13(5) of Schedule 5, and paragraph 6(1) of Schedule 6A, to the Terrorism Act 2000, and section 45 of the Senior Courts Act 1981[^f00078].

SECTION 4: ORDERS UNDER THE PROCEEDS OF CRIME ACT 2002

[Note. The rules in Section 2 (general rules) also apply.]

Application for an order under the Proceeds of Crime Act 2002

6.14

(1) This rule applies where an applicant wants the court to make one of the orders listed in rule 6.1(2).

(2) The applicant must—

(a) apply in writing;

(b) serve the application on—

(i) the court officer, and

(ii) the respondent (unless the court otherwise directs);

(i) the respondent, and

(ii) the person the subject of the confiscation or money laundering investigation;

(d) explain why the applicant thinks the person under investigation has—

(i) benefited from criminal conduct, in the case of a confiscation investigation, or

(ii) committed a money laundering offence, in the case of a money laundering investigation;

(e) give the additional information required by whichever of rules 6.15 to 6.19 applies; and

(f) serve any order made on each respondent.

[Note. Under rules 6.3 and 6.4, the court may—

(a) exercise its powers in a respondent’s absence; and

(b) dispense with a requirement for service.

Content of application for a production order

6.15

As well as complying with rule 6.14, an applicant who wants the court to make an order for the production of, or access to, material, must—

(a) describe that material;

(b) explain why the applicant thinks the material is in the respondent’s possession or control;

(i) expected to be subject to legal privilege, or

(ii) excluded material;

(d) explain why the material is likely to be of substantial value to the investigation;

(e) explain why it is in the public interest for the material to be produced, or for the applicant to be given access to it, having regard to—

(i) the benefit likely to accrue to the investigation if it is obtained, and

(ii) the circumstances in which the respondent has the material; and

(f) propose—

(i) the terms of the order, and

(ii) the period within which it should take effect, if 7 days from the date of the order would not be appropriate.

[Note. See sections 345 to 350 of the Proceeds of Crime Act 2002[^f00081]. Under those provisions—

(a) ‘excluded material’ means the same as under section 11 of the Police and Criminal Evidence Act 1984; and

(b) ‘legal privilege’ is defined by section 348 of the 2002 Act.

Content of application for an order to grant entry

6.16

An applicant who wants the court to make an order to grant entry must—

(a) specify the premises to which entry is sought;

(b) explain why the order is needed; and

[Note. See section 347 of the Proceeds of Crime Act 2002. The applicant for an order to grant entry must be an ‘appropriate officer’ as defined by section 378(1), (4) and (5) of the Act.

Content of application for a disclosure order

6.17

As well as complying with rule 6.14, an applicant who wants the court to make a disclosure order must—

(a) describe in general terms the information that the applicant wants the respondent to provide;

(b) confirm that none of the information is—

(i) expected to be subject to legal privilege, or

(ii) excluded material;

(d) explain why it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if it is obtained; and

(e) propose the terms of the order.

[Note. See sections 357, 358 and 361 of the Proceeds of Crime Act 2002[^f00083]. The applicant for a disclosure order must be a ‘relevant authority’ as defined by section 357(7). In relation to a confiscation investigation, under section 357(2A) the applicant must have been asked to apply by an ‘appropriate officer’ as defined by section 378(1), (4) and (5) of the 2002 Act.

Content of application for a customer information order

6.18

As well as complying with rule 6.14, an applicant who wants the court to make a customer information order must—

(a) explain why customer information about the person under investigation is likely to be of substantial value to that investigation;

(b) explain why it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if it is obtained; and

[Note. See sections 363, 364, 365 and 368 of the Proceeds of Crime Act 2002[^f00084]. The applicant for a customer information order must be an ‘appropriate officer’ as defined by section 378(1), (4) and (5) of the Act.

‘Customer information’ is defined by section 364 of the 2002 Act.]

Content of application for an account monitoring order

6.19

As well as complying with rule 6.14, an applicant who wants the court to make an account monitoring order for the provision of account information must—

(a) specify—

(i) the information sought,

(ii) the period during which the applicant wants the respondent to provide that information (to a maximum of 90 days), and

(iii) when and in what manner the applicant wants the respondent to provide that information;

(b) explain why the information is likely to be of substantial value to the investigation;

(c) explain why it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if it is obtained; and

(d) propose the terms of the order.

[Note. See sections 370, 371 and 374 of the Proceeds of Crime Act 2002[^f00085]. The applicant for an account monitoring order must be an ‘appropriate officer’ as defined by section 378(1), (4) and (5) of the Act.

‘Account information’ is defined by section 370 of the 2002 Act.]

Application to vary or discharge an order

6.20

(1) This rule applies where one of the following wants the court to vary or discharge an order listed in rule 6.1(2)—

(a) an applicant;

(b) the respondent; or

(2) That applicant, respondent or person affected must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on—

(i) the court officer, and

(ii) the respondent, applicant, or any person known to be affected, as applicable;

(d) propose the terms of any variation; and

(e) ask for a hearing, if one is wanted, and explain why it is needed.

Application containing information withheld from a respondent or other person

6.21

(1) This rule applies where—

(a) an applicant serves on a respondent or other person an application for one of the orders listed in rule 6.1(2), or for the variation or discharge of such an order; and

(b) the application includes information that the applicant thinks ought not be revealed to that recipient.

(2) The applicant must—

(a) omit that information from the part of the application that is served on the respondent or other person;

(b) mark the other part, to show that it is only for the court; and

(3) A hearing of an application to which this rule applies may take place, wholly or in part, in the absence of the respondent and any other person.

(4) At a hearing of an application to which this rule applies—

(a) the general rule is that the court will receive, in the following sequence—

(i) representations first by the applicant and then by the respondent and any other person, in the presence of them all, and then

(ii) further representations by the applicant, in the others’ absence; but

(b) the court may direct other arrangements for the hearing.

Application to punish for contempt of court

6.22

(1) This rule applies where a person is accused of disobeying—

(a) a production order made under section 345 of the Proceeds of Crime Act 2002[^f00086]; or

(b) an account monitoring order made under section 370 of that Act.

(2) An applicant 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).

[Note. The Crown Court has power to punish for contempt of court a person who disobeys its order. See sections 351(7) and 375(6) of the Proceeds of Crime Act 2002, and section 45 of the Senior Courts Act 1981.

SECTION 5: ORDERS UNDER THE CORONERS AND JUSTICE ACT 2009

[Note. Rule 6.5 (custody of documents) also applies.]

Exercise of court’s powers

6.23

(1) The court may determine an application for an investigation anonymity order, and any appeal against the refusal of such an order—

(a) at a hearing (which will be in private unless the court otherwise directs); or

(b) without a hearing.

(2) The court must determine an application to discharge an investigation anonymity order, and any appeal against the decision on such an application—

(a) at a hearing (which will be in private unless the court otherwise directs); and

(b) in the presence of the person specified in the order, unless—

(i) that person applied for the discharge of the order,

(ii) that person has had an opportunity to make representations, or

(iii) the court is satisfied that it is not reasonably practicable to communicate with that person.

(3) The court may consider an application or an appeal made orally instead of in writing.

Application for an investigation anonymity order

6.24

(1) This rule applies where an applicant wants a magistrates’ court to make an investigation anonymity order.

(2) The applicant must—

(a) apply in writing;

(b) serve the application on the court officer;

(i) the applicant wants the court to determine the application at a hearing, or

(ii) the court otherwise directs;

(d) explain how the proposed order meets the conditions prescribed by section 78 of the Coroners and Justice Act 2009[^f00087];

(e) say if the applicant intends to appeal should the court refuse the order;

(f) attach any material on which the applicant relies; and

(g) propose the terms of the order.

(3) At any hearing of the application, the applicant must—

(a) identify to the court the person to be specified in the order, unless—

(i) the applicant has done so already, or

(ii) the court otherwise directs; and

(b) unless the applicant has done so already, inform the court if the applicant intends to appeal should the court refuse the order.

[Note. See section 77 of the Coroners and Justice Act 2009.]

Application to discharge an investigation anonymity order

6.25

(1) This rule applies where one of the following wants a magistrates’ court to discharge an investigation anonymity order—

(a) an applicant; or

(b) the person specified in the order.

(2) That applicant or the specified person must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on—

(i) the court officer, and as applicable

(ii) the applicant for the order, and

(iii) the specified person;

(i) what material circumstances have changed since the order was made, or since any previous application was made to discharge it, and

(ii) why it is appropriate for the order to be discharged; and

(d) attach—

(i) a copy of the order, and

(ii) any material on which the applicant relies.

(3) A party must inform the court if that party intends to appeal should the court discharge the order.

[Note. See section 80 of the Coroners and Justice Act 2009.]

Appeal

6.26

(1) This rule applies where one of the following (‘the appellant’) wants to appeal to the Crown Court—

(a) the applicant for an investigation anonymity order, where a magistrates’ court has refused to make the order;

(b) a party to an application to discharge such an order, where a magistrates’ court has decided that application.

(2) The appellant must—

(a) serve on the Crown Court officer a copy of the application to the magistrates’ court; and

(b) where the appeal concerns a discharge decision, notify each other party,

not more that 21 days after the decision against which the appellant wants to appeal.

(3) The Crown Court must hear the appeal without justices of the peace.

[Note. See sections 79 and 80(6) of the Coroners and Justice Act 2009, and section 74 of the Senior Courts Act 1981[^f00088].]

PART 7 — STARTING A PROSECUTION IN A MAGISTRATES’ COURT

Contents of this Part

When this Part applies	rule 7.1
Information and written charge	rule 7.2
Allegation of offence in information or charge	rule 7.3
Summons, warrant and requisition	rule 7.4

When this Part applies

7.1

(1) This Part applies in a magistrates’ court where—

(a) a prosecutor wants the court to issue a summons or warrant under section 1 of the Magistrates’ Courts Act 1980[^f00089];

(b) a public prosecutor—

(i) wants the court to issue a warrant under section 1 of the Magistrates’ Courts Act 1980, or

(ii) issues a written charge and requisition under section 29 of the Criminal Justice Act 2003[^f00090]; or

(2) In this Part, ‘public prosecutor’ means one of those public prosecutors listed in section 29 of the Criminal Justice Act 2003.

[Note. Under section 1 of the Magistrates’ Courts Act 1980, on receiving a formal statement (described in that section as an ‘information’) alleging that someone has committed an offence, the court may issue—

(a) a summons requiring that person to attend court; or

(b) a warrant for that person’s arrest, if—

(i) the alleged offence must or may be tried in the Crown Court,

(ii) the alleged offence is punishable with imprisonment, or

(iii) the person’s address cannot be established sufficiently clearly to serve a summons or requisition.

Information and written charge

7.2

(1) A prosecutor who wants the court to issue a summons must—

(a) serve an information in writing on the court officer; or

(b) unless other legislation prohibits this, present an information orally to the court, with a written record of the allegation that it contains.

(2) A prosecutor who wants the court to issue a warrant must—

(a) serve on the court officer—

(i) an information in writing, or

(ii) a copy of a written charge that has been issued; or

(b) present to the court either of those documents.

(3) A public prosecutor who issues a written charge must notify the court officer immediately.

(4) A single document may contain—

(a) more than one information; or

(b) more than one written charge.

(5) Where an offence can be tried only in a magistrates’ court, then unless other legislation otherwise provides—

(a) a prosecutor must serve an information on the court officer or present it to the court; or

(b) a public prosecutor must issue a written charge,

not more than 6 months after the offence alleged.

(6) Where an offence can be tried in the Crown Court then—

(a) a prosecutor must serve an information on the court officer or present it to the court; or

(b) a public prosecutor must issue a written charge,

within any time limit that applies to that offence.

[Note. In some legislation, including the Magistrates’ Courts Act 1980, serving an information on the court officer or presenting it to the court is described as ‘laying’ that information.

Allegation of offence in information or charge

7.3

(1) An allegation of an offence in an information or charge must contain—

(a) a statement of the offence that—

(i) describes the offence in ordinary language, and

(ii) identifies any legislation that creates it; and

(b) such particulars of the conduct constituting the commission of the offence as to make clear what the prosecutor alleges against the defendant.

(2) More than one incident of the commission of the offence may be included in the allegation if those incidents taken together amount to a course of conduct having regard to the time, place or purpose of commission.

Summons, warrant and requisition

7.4

(1) The court may issue or withdraw a summons or warrant—

(a) without giving the parties an opportunity to make representations; and

(b) without a hearing, or at a hearing in public or in private.

(2) A summons, warrant or requisition may be issued in respect of more than one offence.

(3) A summons or requisition must—

(a) contain notice of when and where the defendant is required to attend the court;

(b) specify each offence in respect of which it is issued; and

(4) A summons may be contained in the same document as an information.

(5) A requisition may be contained in the same document as a written charge.

(6) Where the court issues a summons—

(a) the prosecutor must—

(i) serve it on the defendant, and

(ii) notify the court officer; or

(b) the court officer must—

(i) serve it on the defendant, and

(ii) notify the prosecutor.

(7) Where a public prosecutor issues a requisition that prosecutor must—

(a) serve on the defendant—

(i) the requisition, and

(ii) the written charge; and

(b) serve a copy of each on the court officer.

(8) Unless it would be inconsistent with other legislation, a replacement summons or requisition may be issued without a fresh information or written charge where the one replaced—

(a) was served by leaving or posting it under rule 4.7 (documents that must be served only by handing them over, leaving or posting them); but

(b) is shown not to have been received by the addressee.

(9) A summons or requisition issued to a defendant under 18 may require that defendant’s parent or guardian to attend the court with the defendant, or a separate summons or requisition may be issued for that purpose.

[Note. Part 18 contains other rules about warrants.

PART 8 — OBJECTING TO THE DISCONTINUANCE OF PROCEEDINGS IN A MAGISTRATES’ COURT

Contents of this Part

Time for objecting	rule 8.1
Form of Notice	rule 8.2
Duty of Director of Public Prosecutions	rule 8.3
Duty of magistrates’ court	rule 8.4

Time for objecting

8.1

The period within which an accused person may give notice under section 23(7) of the Prosecution of Offences Act 1985[^f00097] that he wants proceedings against him to continue is 35 days from the date when the proceedings were discontinued under that section.

[Note. For the equivalent procedure in the Crown Court, see section 23A of the 1985 Act.]

Form of notice

8.2

Notice under section 23(3), (4) or (7) of the Prosecution of Offences Act 1985[^f00098] shall be given in writing and shall contain sufficient particulars to identify the particular offence to which it relates.

Duty of Director of Public Prosecutions

8.3

On giving notice under section 23(3) or (4) of the Prosecution of Offences Act 1985 the Director of Public Prosecutions shall inform any person who is detaining the accused person for the offence in relation to which the notice is given that he has given such notice and of the effect of the notice.

Duty of magistrates’ court

8.4

On being given notice under section 23(3) of the Prosecution of Offences Act 1985 in relation to an offence for which the accused person has been granted bail by a court, a magistrates’ court officer shall inform—

(a) any sureties of the accused; and

(b) any persons responsible for securing the accused’s compliance with any conditions of bail

that he has been given such notice and of the effect of the notice.

PART 9

[Note. There are no rules in this Part.]

PART 10 — COMMITTAL FOR TRIAL

Contents of this Part

Restrictions on reports of committal proceedings	rule 10.1
Committal for trial without consideration of the evidence	rule 10.2
Consideration of evidence at committal proceedings	rule 10.3
Objection to committal statements being read at trial	rule 10.4
Material to be sent to court of trial	rule 10.5

Restrictions on reports of committal proceedings

10.1

(1) Except in a case where evidence is, with the consent of the accused, to be tendered in his absence under section 4(4)(b) of the Magistrates’ Courts Act 1980[^f00099] (absence caused by ill health), a magistrates’ court acting as examining justices shall before admitting any evidence explain to the accused the restrictions on reports of committal proceedings imposed by section 8 of that Act and inform him of his right to apply to the court for an order removing those restrictions.

(2) Where a magistrates’ court has made an order under section 8(2) of the 1980 Act[^f00100] removing restrictions on the reports of committal proceedings, such order shall be entered in the register.

(3) Where the court adjourns any such proceedings to another day, the court shall, at the beginning of any adjourned hearing, state that the order has been made.

[Note. On the coming into force of Schedule 3 to the Criminal Justice Act 2003[^f00101], committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998[^f00102], in the same way as cases triable only on indictment.]

Committal for trial without consideration of the evidence

10.2

(1) This rule applies to committal proceedings where the accused has a solicitor acting for him in the case and where the court has been informed that all the evidence falls within section 5A(2) of the Magistrates’ Courts Act 1980[^f00103].

(2) A magistrates’ court inquiring into an offence in committal proceedings to which this rule applies shall cause the charge to be written down, if this has not already been done, and read to the accused and shall then ascertain whether he wishes to submit that there is insufficient evidence to put him on trial by jury for the offence with which he is charged.

(3) If the court is satisfied that the accused or, as the case may be, each of the accused does not wish to make such a submission as is referred to in paragraph (2) it shall, after receiving any written evidence falling within section 5A(3) of the 1980 Act, determine whether or not to commit the accused for trial without consideration of the evidence, and where it determines not to so commit the accused it shall proceed in accordance with rule 10.3.

[Note. On the coming into force of Schedule 3 to the Criminal Justice Act 2003, committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998, in the same way as cases triable only on indictment.]

Consideration of evidence at committal proceedings

10.3

(1) This rule does not apply to committal proceedings where under section 6(2) of the Magistrates’ Courts Act of 1980[^f00104] a magistrates’ court commits a person for trial without consideration of the evidence.

(2) A magistrates’ court inquiring into an offence as examining justices, having ascertained—

(a) that the accused has no legal representative acting for him in the case; or

(b) that the accused’s legal representative has requested the court to consider a submission that there is insufficient evidence to put the accused on trial by jury for the offence with which he is charged, as the case may be,

shall permit the prosecutor to make an opening address to the court, if he so wishes, before any evidence is tendered.

(3) After such opening address, if any, the court shall cause evidence to be tendered in accordance with sections 5B(4), 5C(4), 5D(5) and 5E(3) of the 1980 Act[^f00105], that is to say by being read out aloud, except where the court otherwise directs or to the extent that it directs that an oral account be given of any of the evidence.

(4) The court may view any exhibits produced before the court and may take possession of them.

(5) After the evidence has been tendered the court shall hear any submission which the accused may wish to make as to whether there is sufficient evidence to put him on trial by jury for any indictable offence.

(6) The court shall permit the prosecutor to make a submission—

(a) in reply to any submission made by the accused in pursuance of paragraph (5); or

(b) where the accused has not made any such submission but the court is nevertheless minded not to commit him for trial.

(7) After hearing any submission made in pursuance of paragraph (5) or (6) the court shall, unless it decides not to commit the accused for trial, cause the charge to be written down, if this has not already been done, and, if the accused is not represented by counsel or a solicitor, shall read the charge to him and explain it in ordinary language.

Objection to committal statements being read at trial

10.4

(1) This rule applies where—

(a) a written statement is admitted as evidence in committal proceedings;

(b) under Schedule 2 to the Criminal Procedure and Investigations Act 1996[^f00106], the statement may be introduced in evidence at trial; and

(2) Such a party must serve notice of objection—

(a) on each other party and on the Crown Court officer;

(b) not more than 14 days after the defendant is committed for trial.

(3) A prosecutor who introduces a written statement in committal proceedings must serve with it on the defendant a notice—

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