Legalize / United Kingdom / Statutory-Instrument

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

PDF Download

articles Not indexed

Reform history JSON API

[Note. Under Schedule 2 to the Criminal Procedure and Investigations Act 1996, the written statement of a witness that has been admitted in evidence in committal proceedings may be introduced in evidence at trial, instead of the witness giving evidence in person, if—

(a) no party objects within the time prescribed by Criminal Procedure Rules, and

(b) the other conditions specified by that Schedule are met.]

Material to be sent to court of trial

10.5

(1) As soon as practicable after the committal of any person for trial, and in any case within 4 days from the date of his committal (not counting Saturdays, Sundays, Good Friday, Christmas Day or Bank Holidays), the magistrates’ court officer shall, subject to the provisions of section 7 of the Prosecution of Offences Act 1985[^f00107] (which relates to the sending of documents and things to the Director of Public Prosecutions), send to the Crown Court officer—

(a) the information, if it is in writing;

(i) the evidence tendered in accordance with section 5A of the Magistrates’ Courts Act 1980 and, where any of that evidence consists of a copy of a deposition or documentary exhibit which is in the possession of the court, any such deposition or documentary exhibit, and

(ii) a certificate to the effect that that evidence was so tendered;

(c) any notification by the prosecutor under section 5D(2) of the 1980 Act regarding the admissibility of a statement under section 23 or 24 of the Criminal Justice Act 1988[^f00108] (first hand hearsay; business documents);

(d) a copy of the record made in pursuance of section 5 of the Bail Act 1976[^f00109] relating to the grant or withholding of bail in respect of the accused on the occasion of the committal;

(e) any recognizance entered into by any person as surety for the accused together with a statement of any enlargement thereof under section 129(4) of the 1980 Act;

(f) a list of the exhibits produced in evidence before the justices or treated as so produced;

(g) such of the exhibits referred to in paragraph (1)(f) as have been retained by the justices;

(h) the names and addresses of any interpreters engaged for the defendant for the purposes of the committal proceedings, together with any telephone numbers at which they can be readily contacted, and details of the languages or dialects in connection with which they have been so engaged;

(i) if the committal was under section 6(2) of the 1980 Act (committal for trial without consideration of the evidence), a statement to that effect;

(j) if the magistrates’ court has made an order under section 8(2) of the 1980 Act (removal of restrictions on reports of committal proceedings), a statement to that effect;

(k) the certificate of the examining justices as to the costs of the prosecution under the Costs in Criminal Cases (General) Regulations 1986[^f00110];

(l) if any person under the age of 18 is concerned in the committal proceedings, a statement whether the magistrates’ court has given a direction under section 39 of the Children and Young Persons Act 1933[^f00111] (prohibition of publication of certain matter in newspapers);

(m) a copy of any representation order previously made in the case;

(n) a copy of any application for a representation order previously made in the case which has been refused; and

(o) any documents relating to an appeal by the prosecution against the granting of bail.

(2) The period of 4 days specified in paragraph (1) may be extended in relation to any committal for so long as the Crown Court officer directs, having regard to the length of any document mentioned in that paragraph or any other relevant circumstances.

[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.]

PART 11 — TRANSFER FOR TRIAL OF SERIOUS FRAUD CASES OR CASES INVOLVING CHILDREN

Contents of this Part

Interpretation of this Part	rule 11.1
Transfer on bail	rule 11.2
Notice where person removed to hospital	rule 11.3
Variation of arrangements for bail	rule 11.4
Documents to be sent to the Crown Court	rule 11.5

Interpretation of this Part

11.1

(1) In this Part, ‘notice of transfer’ means a notice referred to in section 4(1) of the Criminal Justice Act 1987[^f00112] or section 53(1) of the Criminal Justice Act 1991[^f00113].

(2) Where this Part requires a document to be given or sent, or a notice to be communicated in writing, it may, with the consent of the addressee, be sent by electronic communication.

(3) Electronic communication means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

(a) by means of an electronic communications network (within the meaning of the Communications Act 2003[^f00114]); or

(b) by other means but while in an electronic form.

[Note. See also sections 4 and 5 of the Criminal Justice Act 1987 and section 53 of, and Schedule 6 to, the Criminal Justice Act 1991. On the coming into force of Schedule 3 to the Criminal Justice Act 2003[^f00115], those provisions will be replaced with sections 51B and 51C of the Crime and Disorder Act 1998[^f00116], which are to similar effect. For the duties of the prosecuting authority see The Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988[^f00117]and The Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992[^f00118].]

Transfer on bail

11.2

(1) Where a person in respect of whom notice of transfer has been given―

(a) is granted bail under section 5(3) or (7A) of the Criminal Justice Act 1987[^f00119] by the magistrates’ court to which notice of transfer was given; or

(b) is granted bail under paragraph 2(1) or (7) of Schedule 6 to the Criminal Justice Act 1991[^f00120] by the magistrates’ court to which notice of transfer was given,

the magistrates’ court officer shall give notice thereof in writing to the governor of the prison or remand centre to which the said person would have been committed by that court if he had been committed in custody for trial.

(2) Where notice of transfer is given under section 4(1) of the 1987 Act in respect of a corporation the magistrates’ court officer shall give notice thereof to the governor of the prison to which would be committed a male over 21 committed by that court in custody for trial.

[Note. For bail generally, see Part 19.]

Notice where person removed to hospital

11.3

Where a transfer direction has been given by the Secretary of State under section 47 or 48 of the Mental Health Act 1983[^f00121] in respect of a person remanded in custody by a magistrates’ court and, before the direction ceases to have effect, notice of transfer is given in respect of that person, the magistrates’ court officer shall give notice thereof in writing—

(a) to the governor of the prison to which that person would have been committed by that court if he had been committed in custody for trial; and

(b) to the managers of the hospital where he is detained.

Variation of arrangements for bail

11.4

(1) A person who intends to make an application to a magistrates’ court under section 3(8) of the Bail Act 1976[^f00122] as that subsection has effect under section 3(8A) of that Act shall give notice thereof in writing to the magistrates’ court officer, and to the designated authority or the defendant, as the case may be, and to any sureties concerned.

(2) Where, on an application referred to in paragraph (1), a magistrates’ court varies or imposes any conditions of bail, the magistrates’ court officer shall send to the Crown Court officer a copy of the record made in pursuance of section 5 of the 1976 Act relating to such variation or imposition of conditions.

Documents to be sent to the Crown Court

11.5

As soon as practicable after a magistrates’ court to which notice of transfer has been given has discharged the functions reserved to it under section 4(1) of the Criminal Justice Act 1987 or section 53(3) of the Criminal Justice Act 1991[^f00123], the magistrates’ court officer shall send to the Crown Court officer—

(a) a list of the names, addresses and occupations of the witnesses;

(b) a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to the grant of withholding of bail in respect of the accused;

(c) any recognizance entered into by any person as surety for the accused together with a statement of any enlargement thereof;

(d) a copy of any representation order previously made in the case; and

(e) a copy of any application for a representation order previously made in the case which has been refused.

PART 12 — SENDING FOR TRIAL

Contents of this Part

Documents to be sent to the Crown Court	rule 12.1
Time for first appearance of accused sent for trial	rule 12.2

Documents to be sent to the Crown Court

12.1

(1) As soon as practicable after any person is sent for trial (pursuant to section 51 of the Crime and Disorder Act 1998[^f00124]), and in any event within 4 days from the date on which he is sent (not counting Saturdays, Sundays, Good Friday, Christmas Day or Bank Holidays), the magistrates’ court officer shall, subject to section 7 of the Prosecution of Offences Act 1985[^f00125] (which relates to the sending of documents and things to the Director of Public Prosecutions), send to the Crown Court officer—

(a) the information, if it is in writing;

(b) the notice required by section 51(7) of the 1998 Act;

(c) a copy of the record made in pursuance of section 5 of the Bail Act 1976[^f00126] relating to the granting or withholding of bail in respect of the accused on the occasion of the sending;

(d) any recognizance entered into by any person as surety for the accused together with any enlargement thereof under section 129(4) of the Magistrates’ Courts Act 1980[^f00127];

(e) the names and addresses of any interpreters engaged for the defendant for the purposes of the appearance in the magistrates’ court, together with any telephone numbers at which they can be readily contacted, and details of the languages or dialects in connection with which they have been so engaged;

(f) if any person under the age of 18 is concerned in the proceedings, a statement whether the magistrates’ court has given a direction under section 39 of the Children and Young Persons Act 1933[^f00128] (prohibition of publication of certain matter in newspapers);

(g) a copy of any representation order previously made in the case;

(h) a copy of any application for a representation order previously made in the case which has been refused; and

(i) any documents relating to an appeal by the prosecution against the granting of bail.

(2) The period of 4 days specified in paragraph (1) may be extended in relation to any sending for trial for so long as the Crown Court officer directs, having regard to any relevant circumstances.

[Note. See also section 51 of the Crime and Disorder Act 1998. On the coming into force of Schedule 3 to the Criminal Justice Act 2003[^f00129], section 51 of the 1998 Act will apply to either way as well as indictable only offences, and section 51A will extend the section 51 procedure to children and young persons[^f00130]. For the procedure governing the service of evidence by the prosecution where an accused is sent for trial, see The Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2000[^f00131].]

Time for first appearance of accused sent for trial

12.2

A Crown Court officer to whom notice has been given under section 51(7) of the Crime and Disorder Act 1998, shall list the first Crown Court appearance of the person to whom the notice relates in accordance with any directions given by the magistrates’ court.

PART 13 — DISMISSAL OF CHARGES TRANSFERRED OR SENT TO THE CROWN COURT

Contents of this Part

Interpretation of this Part	rule 13.1
Written notice of oral application for dismissal	rule 13.2
Written application for dismissal	rule 13.3
Prosecution reply	rule 13.4
Determination of applications for dismissal	rule 13.5

Interpretation of this Part

13.1

In this Part―

‘notice of transfer’ means a notice referred to in section 4(1) of the Criminal Justice Act 1987[^f00132] or section 53(1) of the Criminal Justice Act 1991[^f00133]; and

‘the prosecution’ means the authority by or on behalf of whom notice of transfer was given under the 1987 or 1991 Acts, or the authority by or on behalf of whom documents were served under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998[^f00134].

[Note. See also section 6 of the Criminal Justice Act 1987, section 53 of, and Schedule 6 to, the Criminal Justice Act 1991 and sections 51 and 52 of, and Schedule 3 to, the Crime and Disorder Act 1998.]

Written notice of oral application for dismissal

13.2

(1) Where notice of transfer has been given under the Criminal Justice Act 1987 or the Criminal Justice Act 1991, or a person has been sent for trial under the Crime and Disorder Act 1998, and the person concerned proposes to apply orally―

(a) under section 6(1) of the 1987 Act[^f00135];

(b) under paragraph 5(1) of Schedule 6 to the 1991 Act[^f00136]; or

for any charge in the case to be dismissed, he shall give notice of his intention in writing to the Crown Court officer at the place specified by the notice of transfer under the 1987 or 1991 Acts or the notice given under section 51(7) of the 1998 Act as the proposed place of trial. Notice of intention to make an application under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

(2) Notice of intention to make an application shall be given―

(a) in the case of an application to dismiss charges transferred under the 1987 Act, not later than 28 days after the day on which notice of transfer was given;

(b) in the case of an application to dismiss charges transferred under the 1991 Act, not later than 14 days after the day on which notice of transfer was given; and

(c) in the case of an application to dismiss charges sent under the 1998 Act, not later than 14 days after the day on which the documents were served under paragraph 1 of Schedule 3 to that Act,

and a copy of the notice shall be given at the same time to the prosecution and to any person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged.

(3) The time for giving notice may be extended, either before or after it expires, by the Crown Court, on an application made in accordance with paragraph (4).

(4) An application for an extension of time for giving notice shall be made in writing to the Crown Court officer, and a copy thereof shall be given at the same time to the prosecution and to any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged. Such an application made in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

(5) The Crown Court officer shall give notice in the form set out in the Practice Direction of the judge’s decision on an application under paragraph (3)—

(a) to the applicant for dismissal;

(b) to the prosecution; and

(c) to any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged.

(6) A notice of intention to make an application under section 6(1) of the 1987 Act, paragraph 5(1) of Schedule 6 to the 1991 Act or paragraph 2(1) of Schedule 3 to the 1998 Act shall be accompanied by a copy of any material on which the applicant relies and shall—

(a) specify the charge or charges to which it relates;

(b) state whether the leave of the judge is sought under section 6(3) of the 1987 Act, paragraph 5(4) of Schedule 6 to the 1991 Act or paragraph 2(4) of Schedule 3 to the 1998 Act[^f00138] to adduce oral evidence on the application, indicating what witnesses it is proposed to call at the hearing; and

(c) in the case of a transfer under the 1991 Act, confirm in relation to each such witness that he is not a child to whom paragraph 5(5) of Schedule 6 to that Act applies.

(7) Where leave is sought from the judge for oral evidence to be given on an application, notice of his decision, indicating what witnesses are to be called if leave is granted, shall be given in writing by the Crown Court officer to the applicant for dismissal, the prosecution and to any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged. Notice of a decision in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

(8) Where an application for dismissal under section 6(1) of the 1987 Act, paragraph 5(1) of Schedule 6 to the 1991 Act or paragraph 2(1) of Schedule 3 to the 1998 Act is to be made orally, the Crown Court officer shall list the application for hearing before a judge of the Crown Court and the prosecution shall be given the opportunity to be represented at the hearing.

Written application for dismissal

13.3

(1) Application may be made for dismissal under section 6(1) of the Criminal Justice Act 1987, paragraph 5(1) of Schedule 6 to the Criminal Justice Act 1991 or paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 without an oral hearing. Such an application shall be in writing, and in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

(2) The application shall be sent to the Crown Court officer and shall be accompanied by a copy of any statement or other document, and identify any article, on which the applicant for dismissal relies.

(3) A copy of the application and of any accompanying documents shall be given at the same time to the prosecution and to any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged.

(4) A written application for dismissal shall be made―

(a) not later than 28 days after the day on which notice of transfer was given under the 1987 Act;

(b) not later than 14 days after the day on which notice of transfer was given under the 1991 Act; or

(c) not later than 14 days after the day on which documents required by paragraph 1 of Schedule 3 to the 1998 Act were served

unless the time for making the application is extended, either before or after it expires, by the Crown Court; and rule 13.2(4) and (5) shall apply for the purposes of this paragraph as if references therein to giving notice of intention to make an oral application were references to making a written application under this rule.

Prosecution reply

13.4

(1) Not later than seven days from the date of service of notice of intention to apply orally for the dismissal of any charge contained in a notice of transfer or based on documents served under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998, the prosecution may apply to the Crown Court under section 6(3) of the Criminal Justice Act 1987, paragraph 5(4) of Schedule 6 to the Criminal Justice Act 1991 or paragraph 2(4) of Schedule 3 to the 1998 Act for leave to adduce oral evidence at the hearing of the application, indicating what witnesses it is proposed to call.

(2) Not later than seven days from the date of receiving a copy of an application for dismissal under rule 13.3, the prosecution may apply to the Crown Court for an oral hearing of the application.

(3) An application under paragraph (1) or (2) shall be served on the Crown Court officer in writing and, in the case of an application under paragraph (2), shall state whether the leave of the judge is sought to adduce oral evidence and, if so, shall indicate what witnesses it is proposed to call. Where leave is sought to adduce oral evidence under paragraph 5(4) of Schedule 6 to the 1991 Act, the application should confirm in relation to each such witness that he is not a child to whom paragraph 5(5) of that Schedule applies. Such an application in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

(4) Notice of the judge’s determination upon an application under paragraph (1) or (2), indicating what witnesses (if any) are to be called shall be served in writing by the Crown Court officer on the prosecution, on the applicant for dismissal and on any other party to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged. Such a notice in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

(5) Where, having received the material specified in rule 13.2 or, as the case may be, rule 13.3, the prosecution proposes to adduce in reply thereto any written comments or any further evidence, the prosecution shall serve any such comments, copies of the statements or other documents outlining the evidence of any proposed witnesses, copies of any further documents and, in the case of an application to dismiss charges transferred under the 1991 Act, copies of any video recordings which it is proposed to tender in evidence, on the Crown Court officer not later than 14 days from the date of receiving the said material, and shall at the same time serve copies thereof on the applicant for dismissal and any other person to whom the notice of transfer relates or with whom the applicant is jointly charged. In the case of a defendant acting in person, copies of video recordings need not be served but shall be made available for viewing by him.

(6) The time for—

(a) making an application under paragraph (1) or (2) above; or

(b) serving any material on the Crown Court officer under paragraph (5) above

may be extended, either before or after it expires, by the Crown Court, on an application made in accordance with paragraph (7) below.

(7) An application for an extension of time under paragraph (6) above shall be made in writing and shall be served on the Crown Court officer, and a copy thereof shall be served at the same time on to the applicant for dismissal and on any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged. Such an application in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

Determination of applications for dismissal

13.5

(1) A judge may grant leave for a witness to give oral evidence on an application for dismissal notwithstanding that notice of intention to call the witness has not been given in accordance with the foregoing provisions of this Part.

(2) Where an application for dismissal is determined otherwise than at an oral hearing, the Crown Court officer shall as soon as practicable, send to all the parties to the case written notice of the outcome of the application. Such a notice in proceedings under the 1987 and 1991 Acts shall be in the form set out in the Practice Direction.

PART 14 — THE INDICTMENT

Contents of this Part

Service and signature of indictment	rule 14.1
Form and content of indictment	rule 14.2

[Note. See also sections 3, 4 and 5 of the Indictments Act 1915[^f00139]and section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933[^f00140].]

Service and signature of indictment

14.1

(1) The prosecutor must serve a draft indictment on the Crown Court officer not more than 28 days after—

(a) service on the defendant and on the Crown Court officer of copies of the documents containing the evidence on which the charge or charges are based, in a case where the defendant is sent for trial;

(b) a High Court judge gives permission to serve a draft indictment;

(d) the committal or transfer of the defendant for trial.

(2) The Crown Court may extend the time limit, even after it has expired.

(3) Unless the Crown Court otherwise directs, the court officer must—

(a) sign, and add the date of receipt on, the indictment; and

(b) serve a copy of the indictment on all parties.

[Note. In some other legislation, serving a draft indictment on the Crown Court officer is described as “preferring a bill of indictment”. Under section 2(1) of the Administration of Justice (Miscellaneous Provisions) Act 1933, a draft indictment (“bill of indictment”) becomes an indictment when it is so served (“preferred”).

Form and content of indictment

14.2

(1) An indictment must be in one of the forms set out in the Practice Direction and must contain, in a paragraph called a ‘count’—

(a) a statement of the offence charged 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 a count if those incidents taken together amount to a course of conduct having regard to the time, place or purpose of commission.

(3) An indictment may contain more than one count if all the offences charged—

(a) are founded on the same facts; or

(b) form or are a part of a series of offences of the same or a similar character.

(4) The counts must be numbered consecutively.

(5) An indictment may contain—

(a) any count charging substantially the same offence as one—

(i) specified in the notice of the offence or offences for which the defendant was sent for trial,

(ii) on which the defendant was committed for trial, or

(iii) specified in the notice of transfer given by the prosecutor; and

(b) any other count based on the prosecution evidence already served which the Crown Court may try.

[Note. In certain circumstances the Crown Court may try a defendant for an offence other than one sent, committed or transferred for trial: see section 2(2) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (indictable offences founded on the prosecution evidence on which the sending, committal or transfer was based) and section 40 of the Criminal Justice Act 1988[^f00150] (specified summary offences founded on that evidence).]

PART 15 — PREPARATORY HEARINGS IN CASES OF SERIOUS FRAUD AND OTHER COMPLEX, SERIOUS OR LENGTHY CASES IN THE CROWN COURT

Contents of this Part

Application for a preparatory hearing	rule 15.1
Time for applying for a preparatory hearing	rule 15.2
Representations concerning an application	rule 15.3
Determination of an application	rule 15.4
Orders for disclosure by prosecution or defence	rule 15.5

Application for a preparatory hearing

15.1

(1) A party who wants the court to order a preparatory hearing under section 7(2) of the Criminal Justice Act 1987[^f00151] or under section 29(4) of the Criminal Procedure and Investigations Act 1996[^f00152] must—

(a) apply in the form set out in the Practice Direction;

(b) include a short explanation of the reasons for applying; and

(2) A prosecutor who wants the court to order that—

(a) the trial will be conducted without a jury under section 43 or section 44 of the Criminal Justice Act 2003[^f00153]; or

(b) the trial of some of the counts included in the indictment will be conducted without a jury under section 17 of the Domestic Violence, Crime and Victims Act 2004[^f00154],

must apply under this rule for a preparatory hearing, whether or not the defendant has applied for one.

[Note. See also sections 7 to 9A of the Criminal Justice Act 1987 (cases of serious or complex fraud) and sections 29 to 32 of the Criminal Procedure and Investigations Act 1996 (other complex, serious or lengthy cases).

Time for applying for a preparatory hearing

15.2

(1) A party who applies under rule 15.1 must do so not more than 28 days after—

(a) the committal of the defendant;

(b) the consent to the preferment of a bill of indictment in relation to the case;

(d) where a person is sent for trial, the service of copies of the documents containing the evidence on which the charge or charges are based.

(2) A prosecutor who applies under rule 15.1 because he wants the court to order a trial without a jury under section 44 of the Criminal Justice Act 2003 (jury tampering) must do so as soon as reasonably practicable where the reasons do not arise until after that time limit has expired.

(3) The court may extend the time limit, even after it has expired.

[Note. A notice of transfer may be served under section 4 of the Criminal Justice Act 1987 (serious or complex fraud cases), or under section 53 of the Criminal Justice Act 1991[^f00155](certain cases involving children).

Representations concerning an application

15.3

(1) A party who wants to make written representations concerning an application made under rule 15.1 must—

(a) do so within 7 days of receiving a copy of that application; and

(b) serve those representations on the court officer and all other parties.

(2) A defendant who wants to oppose an application for an order that the trial will be conducted without a jury under section 43 or section 44 of the Criminal Justice Act 2003 must serve written representations under this rule, including a short explanation of the reasons for opposing that application.

[Note. The grounds on which a judge may allow or refuse an application for an order that the trial will be conducted without a jury under section 43 or 44 of the Criminal Justice Act 2003 are set out in those sections of that Act].

Determination of an application

15.4

(1) Where an application has been made under rule 15.1(2), the court must hold a preparatory hearing.

(2) Other applications made under rule 15.1 should normally be determined without a hearing.

(3) The court officer must serve on the parties in the case, in the form set out in the Practice Direction—

(a) notice of the determination of an application made under rule 15.1; and

(b) an order for a preparatory hearing made by the court of its own initiative, including one that the court is required to make.

[Note. Section 45 of the Criminal Justice Act 2003[^f00158]provides that an application by the prosecution for an order that the trial will be conducted without a jury must be determined at a preparatory hearing and the parties to the preparatory hearing must be given an opportunity to make representations with respect to that application.]

Orders for disclosure by prosecution or defence

15.5

(1) Any disclosure order under section 9 of the Criminal Justice Act 1987, or section 31 of the Criminal Procedure and Investigations Act 1996, must identify any documents that are required to be prepared and served by the prosecutor under that order.

(2) A disclosure order under either of those sections does not require a defendant to disclose who will give evidence, except to the extent that disclosure is required—

(a) by section 6A(2) of the 1996 Act (disclosure of alibi); or

(b) by Part 33 of these Rules (disclosure of expert evidence).

(3) The court officer must serve notice of the order, in the relevant form set out in the Practice Direction, on the parties.

[Note. Under section 9(4) of the Criminal Justice Act 1987 or section 31(4) of the Criminal Procedure and Investigations Act 1996, the judge can require the prosecution to set out its case in a written statement, to arrange its evidence in a form that will be easiest for the jury to understand, to prepare a list of agreed facts, and to amend the case statement as directed by the judge following representations from the defence.

PART 16 — RESTRICTIONS ON REPORTING AND PUBLIC ACCESS

Contents of this Part

Application for a reporting direction under
section 46(6) of the Youth Justice and Criminal Evidence Act 1999	rule 16.1
Opposing an application for a reporting direction under
section 46(6) of the Youth Justice and Criminal Evidence Act 1999	rule 16.2
Urgent action on an application under
section 46(6) of the Youth Justice and Criminal Evidence Act 1999	rule 16.3
Excepting direction under
section 46(9) of the Youth Justice and Criminal Evidence 1999 Act	rule 16.4
Variation or revocation of direction under
section 46 of the Youth Justice and Criminal Evidence 1999 Act	rule 16.5
Application for an extension of time in proceedings
section 46 of the Youth Justice and Criminal Evidence 1999 Act	rule 16.6
Decision of the court on an application under
section 46 of the Youth Justice and Criminal Evidence 1999 Act	rule 16.7
Proceedings sent or transferred to the Crown Court
with direction in force	rule 16.8
Hearings in camera and applications under
section 46 of the Youth Justice and Criminal Evidence 1999 Act	rule 16.9
Application to hold a Crown Court trial in camera	rule 16.10
Crown Court hearings in chambers	rule 16.11

Application for a reporting direction under section 46(6) of the Youth Justice and Criminal Evidence Act 1999

16.1

(1) An application for a reporting direction made by a party to any criminal proceedings, in relation to a witness in those proceedings, must be made in the form set out in the Practice Direction or orally under rule 16.3.

(2) If an application for a reporting direction is made in writing, the applicant shall send that application to the court officer and copies shall be sent at the same time to every other party to those proceedings.

[Note. Section 46 of the Youth Justice and Criminal Evidence Act 1999[^f00159]applies to adult witnesses the quality of whose evidence, or whose co-operation, is likely to be diminished if their identity is made public. For reporting restrictions generally, see direction I.3 in the Practice Direction.]

Opposing an application for a reporting direction under section 46(6) of the Youth Justice and Criminal Evidence Act 1999

16.2

(1) If an application for a reporting direction is made in writing, any party to the proceedings who wishes to oppose that application must notify the applicant and the court officer in writing of his opposition and give reasons for it.

(2) A person opposing an application must state in the written notification whether he disputes that the―

(a) witness is eligible for protection under section 46 of the Youth Justice and Criminal Evidence Act 1999; or

(b) granting of protection would be likely to improve the quality of the evidence given by the witness or the level of co-operation given by the witness to any party to the proceedings in connection with that party’s preparation of its case.

(3) The notification under paragraph (1) must be given within five business days of the date the application was served on him unless an extension of time is granted under rule 16.6.

Urgent action on an application under section 46(6) of the Youth Justice and Criminal Evidence Act 1999

16.3

(1) The court may give a reporting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999 in relation to a witness in those proceedings, notwithstanding that the five business days specified in rule 16.2(3) have not expired if―

(a) an application is made to it for the purposes of this rule; and

(b) it is satisfied that, due to exceptional circumstances, it is appropriate to do so.

(2) Any party to the proceedings may make the application under paragraph (1) whether or not an application has already been made under rule 16.1.

(3) An application under paragraph (1) may be made orally or in writing.

(4) If an application is made orally, the court may hear and take into account representations made to it by any person who in the court’s view has a legitimate interest in the application before it.

(5) The application must specify the exceptional circumstances on which the applicant relies.

Excepting direction under section 46(9) of the Youth Justice and Criminal Evidence Act 1999

16.4

(1) An application for an excepting direction under section 46(9) of the Youth Justice and Criminal Evidence Act 1999 (a direction dispensing with restrictions imposed by a reporting direction) may be made by―

(a) any party to those proceedings; or

(b) any person who, although not a party to the proceedings, is directly affected by a reporting direction given in relation to a witness in those proceedings.

(2) If an application for an excepting direction is made, the applicant must state why―

(a) the effect of a reporting direction imposed places a substantial and unreasonable restriction on the reporting of the proceedings; and

(b) it is in the public interest to remove or relax those restrictions.

(3) An application for an excepting direction may be made in writing, pursuant to paragraph (4), at any time after the commencement of the proceedings in the court or orally at a hearing of an application for a reporting direction.

(4) If the application for an excepting direction is made in writing it must be in the form set out in the Practice Direction and the applicant shall send that application to the court officer and copies shall be sent at the same time to every party to those proceedings.

(5) Any person served with a copy of an application for an excepting direction who wishes to oppose it, must notify the applicant and the court officer in writing of his opposition and give reasons for it.

(6) The notification under paragraph (5) must be given within five business days of the date the application was served on him unless an extension of time is granted under rule 16.6.

Variation or revocation of a reporting or excepting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999

16.5

(1) An application for the court to―

(a) revoke a reporting direction; or

(b) vary or revoke an excepting direction,

may be made to the court at any time after the commencement of the proceedings in the court.

(2) An application under paragraph (1) may be made by a party to the proceedings in which the direction was issued, or by a person who, although not a party to those proceedings, is in the opinion of the court directly affected by the direction.

(3) An application under paragraph (1) must be made in writing and the applicant shall send that application to the officer of the court in which the proceedings commenced, and at the same time copies of the application shall be sent to every party or, as the case may be, every party to the proceedings.

(4) The applicant must set out in his application the reasons why he seeks to have the direction varied or, as the case may be, revoked.

(5) Any person served with a copy of an application who wishes to oppose it, must notify the applicant and the court officer in writing of his opposition and give reasons for it.

(6) The notification under paragraph (5) must be given within five business days of the date the application was served on him unless an extension of time is granted under rule 16.6.

Application for an extension of time in proceedings under section 46 of the Youth Justice and Criminal Evidence Act 1999

16.6

(1) An application may be made in writing to extend the period of time for notification under rule 16.2(3), rule 16.4(6) or rule 16.5(6) before that period has expired.

(2) An application must be accompanied by a statement setting out the reasons why the applicant is unable to give notification within that period.

(3) An application must be sent to the court officer and a copy of the application must be sent at the same time to the applicant.

Decision of the court on an application under section 46 of the Youth Justice and Criminal Evidence Act 1999

16.7

(1) The court may―

(a) determine any application made under rules 16.1 and rules 16.3 to 16.6 without a hearing; or

(b) direct a hearing of any application.

(2) The court officer shall notify all the parties of the court’s decision as soon as reasonably practicable.

(3) If a hearing of an application is to take place, the court officer shall notify each party to the proceedings of the time and place of the hearing.

(4) A court may hear and take into account representations made to it by any person who in the court’s view has a legitimate interest in the application before it.

Proceedings sent or transferred to the Crown Court with direction under section 46 of the Youth Justice and Criminal Evidence Act 1999 in force

16.8

Where proceedings in which reporting directions or excepting directions have been ordered are sent or transferred from a magistrates’ court to the Crown Court, the magistrates’ court officer shall forward copies of all relevant directions to the Crown Court officer at the place to which the proceedings are sent or transferred.

Hearings in camera and applications under section 46 of the Youth Justice and Criminal Evidence Act 1999

16.9

If in any proceedings, a prosecutor or defendant has served notice under rule 16.10 of his intention to apply for an order that all or part of a trial be held in camera, any application under this Part relating to a witness in those proceedings need not identify the witness by name and date of birth.

Application to hold a Crown Court trial in camera

16.10

(1) Where a prosecutor or a defendant intends to apply for an order that all or part of a trial be held in camera for reasons of national security or for the protection of the identity of a witness or any other person, he shall not less than 7 days before the date on which the trial is expected to begin serve a notice in writing to that effect on the Crown Court officer and the prosecutor or the defendant as the case may be.

(2) On receiving such notice, the court officer shall forthwith cause a copy thereof to be displayed in a prominent place within the precincts of the Court.

(3) An application by a prosecutor or a defendant who has served such a notice for an order that all or part of a trial be heard in camera shall, unless the Court orders otherwise, be made in camera, after the defendant has been arraigned but before the jury has been sworn and, if such an order is made, the trial shall be adjourned until whichever of the following shall be appropriate—

(a) 24 hours after the making of the order, where no application for leave to appeal from the order is made; or

(b) after the determination of an application for leave to appeal, where the application is dismissed; or

[Note. As to the procedure for appealing against an order, see rule 67.2.]

Crown Court hearings in chambers

16.11

(1) The criminal jurisdiction of the Crown Court specified in the following paragraph may be exercised by a judge of the Crown Court sitting in chambers.

(2) The said jurisdiction is—

(a) hearing applications for bail;

(b) issuing a summons or warrant;

(c) hearing any application relating to procedural matters preliminary or incidental to criminal proceedings in the Crown Court, including applications relating to legal aid;

(d) jurisdiction under rules 12.2 (listing first appearance of accused sent for trial), 28.2 (application for witness summons), 63.9(a) (extending time for appeal against decision of magistrates’ court), and 64.6 (application to state case for consideration of High Court);

(e) hearing an application under section 41(2) of the Youth Justice and Criminal Evidence Act 1999 (evidence of complainant’s previous sexual history);

(f) hearing applications under section 22(3) of the Prosecution of Offences Act 1985[^f00160] (extension or further extension of custody time limit imposed by regulations made under section 22(1) of that Act);

(g) hearing an appeal brought by an accused under section 22(7) of the 1985 Act against a decision of a magistrates’ court to extend, or further extend, such a time limit, or brought by the prosecution under section 22(8) of the same Act against a decision of a magistrates’ court to refuse to extend, or further extend, such a time limit;

(h) hearing appeals under section 1 of the Bail (Amendment) Act 1993[^f00161] (against grant of bail by magistrates’ court); and

(i) hearing appeals under section 16 of the Criminal Justice Act 2003[^f00162] (against condition of bail imposed by magistrates’ court).

[Note. As to hearing restraint and receivership proceedings under the Proceeds of Crime Act 2002[^f00163]in chambers, see rule 61.4.]

PART 17 — EXTRADITION

Contents of this Part

Refusal to make an order of committal	rule 17.1
Notice of waiver	rule 17.2
Notice of consent	rule 17.3
Notice of consent (parties to 1995 Convention)	rule 17.4
Consent to early removal to Republic of Ireland	rule 17.5
Bail pending removal to Republic of Ireland	rule 17.6
Delivery of warrant issued in Republic of Ireland	rule 17.7
Verification of warrant etc. issued in Republic of Ireland	rule 17.8
Application to state a case where court declines to order
removal to Republic of Ireland	rule 17.9
Draft case where court declines to order
removal to Republic of Ireland	rule 17.10
Forms for proceedings for removal to Republic of Ireland	rule 17.11

Refusal to make an order of committal

17.1

(1) Where a magistrates’ court refuses to make an order of committal in relation to a person in respect of the offence or, as the case may be, any of the offences to which the authority to proceed relates and the state, country or colony seeking the surrender of that person immediately informs the court that it intends to make an application to the court to state a case for the opinion of the High Court, if the magistrates’ court makes an order in accordance with section 10(2) of the Extradition Act 1989[^f00164] releasing that person on bail, the court officer shall forthwith send a copy of that order to the Administrative Court Office.

(2) Where a magistrates’ court refuses to make an order of committal in relation to a person in respect of the offence or, as the case may be, any of the offences to which the authority to proceed relates and the state, country or colony seeking his surrender wishes to apply to the court to state a case for the opinion of the High Court under section 10(1) of the 1989 Act, such application must be made to the magistrates’ court within the period of 21 days following the day on which the court refuses to make the order of committal unless the court grants a longer period within which the application is to be made.

(3) Such an application shall be made in writing and shall identify the question or questions of law on which the opinion of the High Court is sought.

(4) Within 21 days after receipt of an application to state a case under section 10(1) of the 1989 Act, the magistrates’ court officer shall send a draft case to the solicitor for the state, country or colony and to the person whose surrender is sought or his solicitor and shall allow each party 21 days within which to make representations thereon; within 21 days after the latest day on which such representations may be made the court of committal shall, after considering any such representations and making such adjustments, if any, to the draft case as it thinks fit, state and sign the case which the court officer shall forthwith send to the solicitor for the state, country or colony.

[Note. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

Notice of waiver

17.2

(1) A notice given under section 14 of, or paragraph 9 of Schedule 1 to, the Extradition Act 1989[^f00165] (notice of waiver under the simplified procedure) shall be in the form set out in the Practice Direction or a form to the like effect.

(2) Such a notice shall be signed in the presence of the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him for the purposes of the Act, a justice of the peace or a justices’ clerk.

(3) Any such notice given by a person in custody shall be delivered to the Governor of the prison in whose custody he is.

(4) If a person on bail gives such notice he shall deliver it to, or send it by post in a registered letter or by recorded delivery service addressed to, the Secretary of State for the Home Department, c/o the Extradition Section, Home Office, 5th Floor, Fry Building, 2 Marsham Street, London, SW1P 4DF.

[Note. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

17.3

(1) A person arrested in pursuance of a warrant under section 8 of or paragraph 5 of Schedule 1 to the Extradition Act 1989[^f00166] may at any time consent to his return; and where such consent is given in accordance with the following provisions of this rule, the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him for the purposes of the Act may order the committal for return of that person in accordance with section 14(2) of that Act or, as the case may be, paragraph 9(2) of Schedule 1 to the Act.

(2) A notice of consent for the purposes of this rule shall be given in the form set out in the Practice Direction and shall be signed in the presence of the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him for the purposes of the 1989 Act.

[Note. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

17.4

(1) This rule applies as between the United Kingdom and states other than the Republic of Ireland that are parties to the Convention drawn up on the basis of Article 31 of the Treaty on European Union on Simplified Extradition Procedures between the Member States of the European Union, in relation to which section 14A of the Extradition Act 1989 applies by virtue of section 34A and Schedule 1A of that Act[^f00167].

(2) Notice of consent for the purposes of section 14A(3) of the 1989 Act shall be given in the form set out in the Practice Direction and shall be signed in the presence of the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him for the purposes of that Act.

(3) The Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him for the purposes of the Act may order the committal for return of a person if he gives consent under section 14A of the 1989 Act in accordance with paragraph (2) above before he is committed under section 9 of that Act[^f00168].

[Note. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

17.5

(1) A notice given under section 3(1)(a) of the Backing of Warrants (Republic of Ireland) Act 1965[^f00169] (consent to surrender earlier than is otherwise permitted) shall be signed in the presence of a justice of the peace or a justices’ clerk.

(2) Any such notice given by a person in custody shall be delivered to the Governor of the prison in whose custody he is.

(3) If a person on bail gives such notice, he shall deliver it to, or send it by post in a registered letter or by recorded delivery service addressed to, the police officer in charge of the police station specified in his recognizance.

(4) Any such notice shall be attached to the warrant ordering the surrender of that person.

[Note. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

Bail pending removal to Republic of Ireland

17.6

(1) The person taking the recognizance of a person remanded on bail under section 2(1) or 4(3) of the Backing of Warrants (Republic of Ireland) Act 1965[^f00170] shall furnish a copy of the recognizance to the police officer in charge of the police station specified in the recognizance.

(2) The court officer for a magistrates’ court which ordered a person to be surrendered and remanded him on bail shall deliver to, or send by post in a registered letter or by recorded delivery service addressed to, the police officer in charge of the police station specified in the recognizance the warrant ordering the person to be surrendered.

(3) The court officer for a magistrates’ court which refused to order a person to be delivered under section 2 of the 1965 Act but made an order in accordance with section 2A(2) of that Act[^f00171] releasing that person on bail, upon the chief officer of police immediately informing the court that he intended to make an application to the court to state a case for the opinion of the High Court, shall forthwith send a copy of that order to the Administrative Court Office.

[Note. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

Delivery of warrant issued in Republic of Ireland

17.7

(1) The court officer for a magistrates’ court which ordered a person to be surrendered under section 2(1) of the Backing of Warrants (Republic of Ireland) Act 1965 shall deliver to, or send by post in a registered letter or by recorded delivery service addressed to—

(a) if he is remanded in custody under section 5(1)(a) of the 1965 Act, the prison Governor to whose custody he is committed;

(b) if he is remanded on bail under section 5(1)(b) of the 1965 Act[^f00172], the police officer in charge of the police station specified in the recognizance; or

(c) if he is committed to the custody of a constable pending the taking from him of a recognizance under section 5(1) of the 1965 Act, the police officer in charge of the police station specified in the warrant of commitment,

the warrant of arrest issued by a judicial authority in the Republic of Ireland and endorsed in accordance with section 1 of the 1965 Act[^f00173].

(2) The Governor or police officer to whom the said warrant of arrest is delivered or sent shall arrange for it to be given to the member of the police force of the Republic into whose custody the person is delivered when the person is so delivered.

[Note. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

Verification of warrant etc. issued in Republic of Ireland

17.8

(1) A document purporting to be a warrant issued by a judicial authority in the Republic of Ireland shall, for the purposes of section 7(a) of the Backing of Warrants (Republic of Ireland) Act 1965, be verified by a certificate purporting to be signed by a judicial authority, a clerk of a court or a member of the police force of the Republic and certifying that the document is a warrant and is issued by a judge or justice of a court or a peace commissioner.

(2) A document purporting to be a copy of a summons issued by a judicial authority in the Republic shall, for the purposes of section 7(a) of the 1965 Act, be verified by a certificate purporting to be signed by a judicial authority, a clerk of a court or a member of the police force of the Republic and certifying that the document is a true copy of such a summons.

(3) A deposition purporting to have been made in the Republic, or affidavit or written statement purporting to have been sworn therein, shall, for the purposes of section 7(c) of the 1965 Act, be verified by a certificate purporting to be signed by the person before whom it was sworn and certifying that it was so sworn.

[Note. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

Application to state a case where court declines to order removal to Republic of Ireland

17.9

(1) Where a magistrates’ court refuses to make an order in relation to a person under section 2 of the Backing of Warrants (Republic of Ireland) Act 1965, any application to the court under section 2A(1) of that Act to state a case for the opinion of the High Court on any question of law arising in the proceedings must be made to the court by the chief officer of police within the period of 21 days following the day on which the order was refused, unless the court grants a longer period within which the application is to be made.

(2) Such an application shall be made in writing and shall identify the question or questions of law on which the opinion of the High Court is sought.

[Note. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

Draft case where court declines to order removal to Republic of Ireland

17.10

Within 21 days after receipt of an application to state a case under section 2A(1) of the Backing of Warrants (Republic of Ireland) Act 1965, the magistrates’ court officer shall send a draft case to the applicant or his solicitor and to the person to whom the warrant relates or his solicitor and shall allow each party 21 days within which to make representations thereon; within 21 days after the latest day on which such representations may be made the court shall, after considering such representations and making such adjustments, if any, to the draft case as it thinks fit, state and sign the case which the court officer shall forthwith send to the applicant or his solicitor.

[Note. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

Forms for proceedings for removal to Republic of Ireland

17.11

Where a requirement is imposed by the Backing of Warrants (Republic of Ireland) Act 1965 for the use of a form, and an appropriate form is contained in the Practice Direction, that form shall be used.

[Note. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

PART 18 — WARRANTS

Contents of this Part

Scope of this Part and interpretation	rule 18.1
Warrants must be signed	rule 18.2
Warrants issued when the court office is closed	rule 18.3
Commitment to custody must be by warrant	rule 18.4
Terms of a warrant of arrest	rule 18.5
Terms of a warrant of commitment or detention: general rules	rule 18.6
Terms of a warrant committing a person to customs detention	rule 18.7
Form of warrant where male aged 15 or 16 is committed	rule 18.8
Information to be included in a warrant	rule 18.9
Persons who may execute a warrant	rule 18.10
Making an arrest under a warrant	rule 18.11
Place of detention	rule 18.12
Duration of detention where bail is granted
subject to pre-release conditions	rule 18.13
Validity of warrants that contain errors	rule 18.14
Circumstances in which a warrant will cease to have effect	rule 18.15
Warrant endorsed for bail (record to be kept)	rule 18.16

Scope of this Part and interpretation

18.1

(1) This Part applies to any warrant issued by a justice of the peace.

(2) Where a rule applies to some of those warrants and not others, it says so.

(3) In this Part, the ‘relevant person’ is the person against whom the warrant is issued.

[Note. For the rules governing the issue and execution of a search warrant, see sections 15 and 16 of the Police and Criminal Evidence Act 1984[^f00174]. For those governing warrants of distress (warrants to enforce payments of fines etc.), see rule 52.8.]

Warrants must be signed

18.2

Every warrant under the Magistrates’ Courts Act 1980[^f00175] must be signed by the justice issuing it, unless rule 5.3 permits the justices’ clerk to sign it.

Warrants issued when the court office is closed

18.3

(1) If a warrant is issued when the court office is closed, the applicant must—

(a) serve on the court officer any information on which that warrant is issued; and

(b) do so within 72 hours of that warrant being issued.

(2) In this rule, the court office is the office for the local justice area in which the justice is acting when he issues the warrant.

Commitment to custody must be by warrant

18.4

A justice of the peace must issue a warrant of commitment when committing a person to—

(a) a prison;

(b) a young offender institution;

(d) detention at a police station under section 128(7) of the Magistrates’ Courts Act 1980; or

(e) customs detention under section 152 of the Criminal Justice Act 1988[^f00176].

Terms of a warrant of arrest

18.5

A warrant of arrest must require the persons to whom it is directed to arrest the relevant person.

Terms of a warrant of commitment or detention: general rules

18.6

(1) A warrant of commitment or detention must require—

(a) the persons to whom it is directed to—

(i) arrest the relevant person, if he is at large,

(ii) take him to the prison or place specified in the warrant, and

(iii) deliver him with the warrant to the governor or keeper of that prison or place; and

(b) the governor or keeper to keep the relevant person in custody at that prison or place—

(i) for as long as the warrant requires, or

(ii) until he is delivered, in accordance with the law, to the court or other proper place or person.

(2) Where the justice issuing a warrant of commitment or detention is aware that the relevant person is already detained in a prison or other place of detention, the warrant must be delivered to the governor or keeper of that prison or place.

[Note. Rule 18.6(1) does not apply to a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988; see rule 18.7(2). Where rule 18.12 applies (place of detention), the relevant person may be taken to a prison or other place which is not specified in the warrant.]

Terms of a warrant committing a person to customs detention

18.7

(1) A warrant committing a person to customs detention under section 152 of the 1988 Act must—

(a) be directed to the officers of Her Majesty’s Revenue and Customs; and

(b) require those officers to keep the person committed in their custody, unless in the meantime he be otherwise delivered, in accordance with the law, to the court or other proper place or person, for a period (not exceeding 192 hours) specified in the warrant.

(2) Rules 18.6(1), 18.10 and 18.12 do not apply where this rule applies.

Form of warrant where male aged 15 or 16 is committed

18.8

(1) This rule applies where a male aged 15 or 16 years is remanded or committed to—

(a) local authority accommodation, with a requirement that he be placed and kept in secure accommodation;

(b) a remand centre; or

(2) The court must include in the warrant of commitment a statement of any declaration that is required in connection with that remand or committal.

[Note. Section 23(4) of the Children and Young Persons Act 1969[^f00177], as modified by section 98 of the Crime and Disorder Act 1998[^f00178], allows a magistrates’ court to remand or commit a boy, aged 15 or 16, to local authority secure accommodation, a remand centre or a prison in order to protect the public from serious harm. Section 23(4) of the 1969 Act requires the court to declare that the boy is one to whom section 23(5) of that Act, as modified by section 98(3) of the 1998 Act, applies (e.g. violent or sexual offence, history of absconding etc.).]

Information to be included in a warrant

18.9

A warrant of arrest, commitment or detention must contain the following information—

(a) the name or a description of the relevant person; and

(b) either—

(i) a statement of the offence with which the relevant person is charged,

(ii) a statement of the offence of which the person to be committed or detained was convicted; or

(iii) any other ground on which the warrant is issued.

Persons who may execute a warrant

18.10

A warrant of arrest, commitment or detention may be executed by—

(a) the persons to whom it is directed; or

(b) by any of the following persons, whether or not it was directed to them—

(i) a constable for any police area in England and Wales, acting in his own police area, and

(ii) any person authorised under section 125A (civilian enforcement officers) or section 125B (approved enforcement agencies) of the Magistrates’ Courts Act 1980[^f00179].

[Note. This rule does not apply to a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988; see rule 18.7(2).]

Making an arrest under a warrant

18.11

(1) The person executing a warrant of arrest, commitment or detention must, when arresting the relevant person—

(a) either—

(i) show the warrant (if he has it with him) to the relevant person, or

(ii) tell the relevant person where the warrant is and what arrangements can be made to let that person inspect it;

(b) explain, in ordinary language, the charge and the reason for the arrest; and

(2) If the person executing the warrant is one of the persons referred to in rule 18.10(b)(ii) (civilian enforcement officers or approved enforcement agencies), he must also show the relevant person a written statement under section 125A(4) or section 125B(4) of the Magistrates’ Courts Act 1980, as appropriate.

Place of detention

18.12

(1) This rule applies to any warrant of commitment or detention.

(2) The person executing the warrant is required to take the relevant person to the prison or place of detention specified in the warrant.

(3) But where it is not immediately practicable to do so, or where there is some other good reason, the relevant person may be taken to any prison or place where he may be lawfully detained until such time when he can be taken to the prison or place specified in the warrant.

(4) If (and for as long as) the relevant person is detained in a place other than the one specified in the warrant, the warrant will have effect as if it specified the place where he is in fact being detained.

(5) The court must be kept informed of the prison or place where the relevant person is in fact being detained.

(6) The governor or keeper of the prison or place, to which the relevant person is delivered, must give a receipt on delivery.

[Note. This rule does not apply to a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988; see rule 18.7(2).]

Duration of detention where bail is granted subject to pre-release conditions

18.13

(1) This rule applies where a magistrates’ court—

(a) grants bail to a person subject to conditions which must be met prior to release on bail; and

(b) commits that person to custody until those conditions are satisfied.

(2) The warrant of commitment must require the governor or keeper of the prison or place of detention to bring the relevant person to court either before or at the end of a period of 8 clear days from the date the warrant was issued, unless section 128(3A) or section 128A of the Magistrates’ Courts Act 1980 applies to permit a longer period.

Validity of warrants that contain errors

18.14

A warrant of commitment or detention will not be invalidated on the ground that it contains an error, provided that the warrant—

(a) is issued in relation to a valid—

(i) conviction, or

(ii) order requiring the relevant person to do, or to abstain from doing, something; and

(b) it states that it is issued in relation to that conviction or order.

[Note. Section 123 of the Magistrates’ Courts Act 1980 applies in relation to any error in a warrant of arrest that is issued for the purpose of securing a person’s attendance at court.]

Circumstances in which a warrant will cease to have effect

18.15

(1) A warrant issued under any of the provisions listed in paragraph (2) will cease to have effect when—

(a) the sum in respect of which the warrant is issued (together with the costs and charges of commitment, if any) is paid to the person who is executing the warrant;

(b) that sum is offered to, but refused by, the person who is executing the warrant; or

(i) the court officer for the court which issued the warrant, or

(ii) the charging or billing authority

is produced to the person who is executing the warrant.

(2) Those provisions are—

(a) section 76 (warrant to enforce fines and other sums);

(b) section 83(1) and (2) (warrant to secure attendance of offender for purposes of section 82);

(d) section 136 (committal to custody overnight at police station),

of the Magistrates’ Courts Act 1980.

(3) No person may execute, or continue to execute, a warrant that ceases to have effect under this rule.

Warrant endorsed for bail (record to be kept)

18.16

A person executing a warrant of arrest that is endorsed for bail under section 117 of the Magistrates’ Courts Act 1980 must—

(a) make a record stating—

(i) the name of the person arrested,

(ii) the charge and the reason for the arrest,

(iii) the fact that the person is to be released on bail,

(iv) the date, time and place at which the person is required to appear before the court, and

(v) any other details which he considers to be relevant; and

(b) after making the record—

(i) sign the record,

(ii) invite the person arrested to sign the record and, if they refuse, make a note of that refusal on the record,

(iii) make a copy of the record and give it to the person arrested, and

(iv) send the original record to the court officer for the court which issued the warrant.

PART 19 — BAIL IN MAGISTRATES’ COURTS AND THE CROWN COURT

Contents of this Part

Application to a magistrates’ court to vary conditions of bail	rule 19.1
Application to a magistrates’ court to reconsider grant of police bail	rule 19.2
Notice of change of time for appearance before magistrates’ court	rule 19.3
Directions by a magistrates’ court as to security, etc.	rule 19.4
Requirements to be complied with before release on bail
granted by a magistrates’ court	rule 19.5
Notice to governor of prison, etc, where release from custody is
ordered by a magistrates’ court	rule 19.6
Release when notice received by governor of prison that
recognizances have been taken or requirements complied with	rule 19.7
Notice from a magistrates’ court of enlargement of recognizances	rule 19.8
Further remand by a youth court	rule 19.9
Notes of argument in magistrates’ court bail hearings	rule 19.10
Bail records to be entered in register of a magistrates’ court	rule 19.11
Notification of bail decision by a magistrate after arrest while on bail	rule 19.12
Transfer of remand hearings	rule 19.13
Notice of further remand in certain cases	rule 19.14
Cessation of transfer direction	rule 19.15
Lodging an appeal against a grant of bail by a magistrates’ court	rule 19.16
Crown Court procedure on appeal against grant of bail
by a magistrates’ court	rule 19.17
Application to the Crown Court relating to bail	rule 19.18
Notice to governor of prison of committal on bail	rule 19.19
Notices on committal of person subject to transfer direction	rule 19.20
Variation of arrangements for bail on committal to the Crown Court	rule 19.21
Conditions attached to bail granted by the Crown Court	rule 19.22
Estreat of recognizances in respect of person bailed to appear
before the Crown Court	rule 19.23
Forfeiture of recognizances in respect of person bailed to appear
before the Crown Court	rule 19.24
Grant of bail subject to a condition of residence	rule 19.25
Grant of bail subject to electronic monitoring requirements	rule 19.26
Grant of bail subject to accommodation or support requirements	rule 19.27

Application to a magistrates’ court to vary conditions of bail

19.1

(1) An application under section 43B(1) of the Magistrates’ Courts Act of 1980[^f00180], or section 47(1E) of the Police and Criminal Evidence Act 1984[^f00181], to vary conditions of police bail, shall—

(a) be made in writing;

(b) contain a statement of the grounds upon which it is made;

(c) where the applicant has been bailed following charge, specify the offence with which he was charged and, in any other case, specify the offence under investigation;

(d) specify, or be accompanied by a copy of the note of, the reasons given by the custody officer for imposing or varying the conditions of bail;

(e) specify the name and address of any surety provided by the applicant before his release on bail to secure his surrender to custody; and

(f) specify the address at which the applicant would reside, if the court imposed a condition of residence.

(2) Any such application shall be sent to the court officer for—

(a) the magistrates’ court appointed by the custody officer as the court before which the applicant has a duty to appear; or

(b) if no such court has been appointed, a magistrates’ court acting for the local justice area in which the police station at which the applicant was granted bail or at which the conditions of his bail were varied, as the case may be, is situated,

(3) The court officer to whom an application is sent under paragraph (2) above shall serve not less than 24 hours’ notice in writing of the date, time and place fixed for the hearing of the application on—

(a) the applicant;

(b) the prosecutor or, if the applicant has not been charged, the chief officer of police or other investigator, together with a copy of the application; and

(c) any surety in connection with bail in criminal proceedings granted to, or the conditions of which were varied by a custody officer in relation to, the applicant.

(4) The time fixed for the hearing shall be not later than 72 hours after receipt of the application. In reckoning for the purposes of this paragraph any period of 72 hours, no account shall be taken of Christmas Day, Boxing Day, Good Friday, any bank holiday, or any Saturday or Sunday.

(5) A party who wants a magistrates’ court to vary or impose conditions of bail under section 3(8) of the Bail Act 1976[^f00182], must—

(a) serve notice, not less than 24 hours before the hearing at which that party intends to apply, on—

(i) the court officer, and

(ii) the other party; and

(b) in that notice—

(i) specify the variation or conditions proposed, and

(ii) explain the reasons.

(6) If the magistrates’ court hearing an application under section 43B(1) of the 1980 Act or section 47(1E) of the 1984 Act discharges or enlarges any recognizance entered into by any surety or increases or reduces the amount in which that person is bound, the court officer shall forthwith give notice thereof to the applicant and to any such surety.

(7) The court may—

(a) vary or waive a time limit under paragraph (3) or (5) of this rule; and

(b) allow a notice to be—

(i) in a different form to one set out in the Practice Direction, or

(ii) given orally.

[Note. See also section 43B of the Magistrates’ Courts Act 1980 and section 47 of the Police and Criminal Evidence Act 1984[^f00183].

Application to a magistrates’ court to reconsider grant of police bail

19.2

(1) The appropriate court for the purposes of section 5B of the Bail Act 1976[^f00184] in relation to the decision of a constable to grant bail shall be—

(a) the magistrates’ court appointed by the custody officer as the court before which the person to whom bail was granted has a duty to appear; or

(b) if no such court has been appointed, a magistrates’ court acting for the local justice area in which the police station at which bail was granted is situated.

(2) An application under section 5B(1) of the 1976 Act shall—

(a) be made in writing;

(b) contain a statement of the grounds on which it is made;

(d) specify the decision to be reconsidered (including any conditions of bail which have been imposed and why they have been imposed);

(e) specify the name and address of any surety provided by the person to whom the application relates to secure his surrender to custody; and

(f) contain notice of the powers available to the court under section 5B of the 1976 Act.

(3) The court officer to whom an application is sent under paragraph (2) above shall serve notice in writing of the date, time and place fixed for the hearing of the application on—

(a) the prosecutor who made the application;

(b) the person to whom bail was granted, together with a copy of the application; and

(4) The time fixed for the hearing shall be not later than 72 hours after receipt of the application. In reckoning for the purpose of this paragraph any period of 72 hours, no account shall be taken of Christmas Day, Good Friday, any bank holiday or any Sunday.

(5) At the hearing of an application under section 5B of the 1976 Act the court shall consider any representations made by the person affected (whether in writing or orally) before taking any decision under that section with respect to him; and, where the person affected does not appear before the court, the court shall not take such a decision unless it is proved to the satisfaction of the court, on oath or in the manner set out by rule 4.11, that the notice required to be given under paragraph (3) of this rule was served on him before the hearing.

(6) Where the court proceeds in the absence of the person affected in accordance with paragraph (6)—

(a) if the decision of the court is to vary the conditions of bail or impose conditions in respect of bail which has been granted unconditionally, the court officer shall notify the person affected;

(b) if the decision of the court is to withhold bail, the order of the court under section 5B(5)(b) of the 1976 Act (surrender to custody) shall be signed by the justice issuing it or state his name and be authenticated by the signature of the clerk of the court.

Notice of change of time for appearance before magistrates’ court

19.3

Where—

(a) a person has been granted bail under the Police and Criminal Evidence Act 1984[^f00185] subject to a duty to appear before a magistrates’ court and the court before which he is to appear appoints a later time at which he is to appear; or

(b) a magistrates’ court further remands a person on bail under section 129 of the Magistrates’ Courts Act 1980[^f00186] in his absence,

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

The Criminal Procedure Rules 2010

Material to be sent to court of trial

10.5

PART 11 — TRANSFER FOR TRIAL OF SERIOUS FRAUD CASES OR CASES INVOLVING CHILDREN

Interpretation of this Part

11.1

Transfer on bail

11.2

Notice where person removed to hospital

11.3

Variation of arrangements for bail

11.4

Documents to be sent to the Crown Court

11.5

PART 12 — SENDING FOR TRIAL

Documents to be sent to the Crown Court

12.1

Time for first appearance of accused sent for trial

12.2

PART 13 — DISMISSAL OF CHARGES TRANSFERRED OR SENT TO THE CROWN COURT

Interpretation of this Part

13.1

Written notice of oral application for dismissal

13.2

Written application for dismissal

13.3

Prosecution reply

13.4

Determination of applications for dismissal

13.5

PART 14 — THE INDICTMENT

Service and signature of indictment

14.1

Form and content of indictment

14.2

PART 15 — PREPARATORY HEARINGS IN CASES OF SERIOUS FRAUD AND OTHER COMPLEX, SERIOUS OR LENGTHY CASES IN THE CROWN COURT

Application for a preparatory hearing

15.1

Time for applying for a preparatory hearing

15.2

Representations concerning an application

15.3

Determination of an application

15.4

Orders for disclosure by prosecution or defence

15.5

PART 16 — RESTRICTIONS ON REPORTING AND PUBLIC ACCESS

Application for a reporting direction under section 46(6) of the Youth Justice and Criminal Evidence Act 1999

16.1

Opposing an application for a reporting direction under section 46(6) of the Youth Justice and Criminal Evidence Act 1999

16.2

Urgent action on an application under section 46(6) of the Youth Justice and Criminal Evidence Act 1999

16.3

Excepting direction under section 46(9) of the Youth Justice and Criminal Evidence Act 1999

16.4

Variation or revocation of a reporting or excepting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999

16.5

Application for an extension of time in proceedings under section 46 of the Youth Justice and Criminal Evidence Act 1999

16.6

Decision of the court on an application under section 46 of the Youth Justice and Criminal Evidence Act 1999

16.7

Proceedings sent or transferred to the Crown Court with direction under section 46 of the Youth Justice and Criminal Evidence Act 1999 in force

16.8

Hearings in camera and applications under section 46 of the Youth Justice and Criminal Evidence Act 1999

16.9

Application to hold a Crown Court trial in camera

16.10

Crown Court hearings in chambers

16.11

PART 17 — EXTRADITION

Refusal to make an order of committal

17.1

Notice of waiver

17.2

Notice of consent

17.3

Notice of consent (parties to 1995 Convention)

17.4

Consent to early removal to Republic of Ireland

17.5