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The Criminal Procedure Rules 2011

Type Statutory-Instrument

Publication 2011-07-07

Last updated 2012-10-01

State In force

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Made: 7th July 2011

Laid before Parliament: 18th July 2011

Coming into force: 3rd October 2011

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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 3rd October, 2011, but unless the court otherwise directs they do not affect a right or duty existing under The Criminal Procedure Rules 2010[^f00016].

[Note. The rules replaced by the first Criminal Procedure Rules (The Criminal Procedure Rules 2005[^f00017]) were revoked when those Rules came into force by provisions of the Courts Act 2003, The Courts Act 2003 (Consequential Amendments) Order 2004[^f00018]and The Courts Act 2003 (Commencement No. 6 and Savings) Order 2004[^f00019]. 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 ‘Criminal Costs Practice Direction’ means the Lord Chief Justice’s Practice Direction (Costs in Criminal Proceedings), as amended;

‘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[^f00020]; and

‘Registrar’ means the Registrar of Criminal Appeals or a court officer acting with the Registrar’s authority.

(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[^f00021] 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[^f00022] 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[^f00023]; or

(b) issue a written charge and requisition under section 29 of the Criminal Justice Act 2003[^f00024].

[Note. See also section 122 of the Magistrates’ Courts Act 1980[^f00025]. A party’s legal representative must be entitled to act as such under section 13 of the Legal Services Act 2007[^f00026].

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―

(i) at a hearing, in public or in private, or

(ii) without a hearing;

(f) fix, postpone, bring forward, extend, cancel or adjourn 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, the court—

(a) must establish, with the active assistance of the parties, what are the disputed issues;

(b) must consider setting a timetable that—

(i) takes account of those issues and of any timetable proposed by a party, and

(ii) may limit the duration of any stage of the hearing;

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

(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, and

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

(d) may limit—

(i) the examination, cross-examination or re-examination of a witness, and

(ii) the duration of any stage of the hearing.

[Note. See also rules 3.5 and 3.8.]

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.

(3) Where a person is entitled or required to attend a hearing, the court officer must give as much notice as reasonably practicable to―

(a) that person; and

(b) that person’s custodian (if any).

[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 electronic means	rule 4.6
Documents that must be served by specified methods	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

(1) 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.

(2) Where a document may be served by electronic means, the general rule is that the person serving it will use that method.

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 under 18, 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[^f00053].]

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[^f00054](service of summons, etc. in Scotland and Northern Ireland);

(b) section 1139(4) of the Companies Act 2006[^f00055](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[^f00056](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 person to be served—

(i) has given a DX box number, and

(ii) has not refused to accept service by DX; or

(b) the person to be served is legally represented in the case and the representative has given a DX box number.

Service by electronic means

4.6

(1) A document may be served by electronic means where—

(a) the person to be served—

(i) has given an electronic address, and

(ii) has not refused to accept service by that method; or

(b) the person to be served is legally represented in the case and the representative has given an electronic address.

(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 by specified methods

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[^f00057];

(d) notice of a hearing to review the postponement of the issue of a warrant of detention or imprisonment under section 77(6) of the Magistrates’ Courts Act 1980[^f00059];

(e) notice under section 86 of that Act[^f00060] of a revised date to attend a means inquiry;

(f) any notice or document served under Part 19 (Bail in magistrates’ courts and the Crown Court);

(g) notice under rule 37.15(a) of when and where an adjourned hearing will resume;

(h) notice under rule 42.5(3) of an application to vary or discharge a compensation order;

(i) notice under rule 42.10(2)(c) of the location of the sentencing or enforcing court;

(j) a collection order, or notice requiring payment, served under rule 52.2(a).

(3) An application or written statement, and notice, under rule 62.9 alleging contempt of court may be served—

(a) on an individual, only under rule 4.3(1)(a) (by handing it to him or her);

(b) on a corporation, only under rule 4.3(1)(b) (by handing it to a person holding a senior position in that corporation).

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—

(a) other than those described in rules 4.3 to 4.6 and in rule 4.8;

(b) other than one specified by rule 4.7, where that rule applies.

(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 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 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
Forms in Welsh	rule 5.2
Signature of forms	rule 5.3

Section 2: court records
Duty to make records	rule 5.4
Recording and transcription of proceedings in the Crown Court	rule 5.5
Custody of case materials	rule 5.6
Supply to a party of information or documents from records or case materials	rule 5.7
Supply to the public, including reporters, of information about a case	rule 5.8
Supply of written certificate or extract from records	rule 5.9

SECTION 1: FORMS

Forms

5.1

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

Forms in Welsh

5.2

(1) Any Welsh language form set out in the Practice Direction, or in the Criminal Costs Practice Direction, is for use in connection with proceedings in courts in Wales.

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

(3) Where only a Welsh form, or only the corresponding English form, is served—

(a) the following words in Welsh and English must be added:

Darperir y ddogfen hon yn Gymraeg / Saesneg os bydd arnoch ei heisiau. Dylech wneud cais yn ddi-oed i (swyddog y llys) (rhodder yma’r cyfeiriad) This document will be provided in Welsh / English if you require it. You should apply immediately to (the court officer) (address)

; and

(b) the court officer, or the person who served the form, must, on request, supply the corresponding form in the other language to the person served.

Signature of forms

5.3

(1) This rule applies where a form provides for its signature.

(2) Unless other legislation otherwise requires, or the court otherwise directs, signature may be by any written or electronic authentication of the form by, or with the authority of, the signatory.

[Note. Section 7 of the Electronic Communications Act 2000[^f00061]provides for the use of an electronic signature in an electronic communication.]

SECTION 2: COURT RECORDS

Duty to make records

5.4

(1) For each case, as appropriate, the court officer must record, by such means as the Lord Chancellor directs—

(a) each charge or indictment against the defendant;

(b) the defendant’s plea to each charge or count;

(d) each decision about bail;

(e) the power exercised where the court commits or adjourns the case to another court—

(i) for sentence, or

(ii) for the defendant to be dealt with for breach of a community order, a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by that other court;

(f) the court’s reasons for a decision, where legislation requires those reasons to be recorded;

(g) any appeal;

(h) each party’s presence or absence at each hearing;

(i) any consent that legislation requires before the court can proceed with the case, or proceed to a decision;

(j) in a magistrates’ court—

(i) any indication of sentence given in connection with the allocation of a case for trial, and

(ii) the registration of a fixed penalty notice for enforcement as a fine, and any related endorsement on a driving licence;

(k) in the Crown Court, any request for assistance or other communication about the case received from a juror; and

(l) the identity of—

(i) the prosecutor,

(ii) the defendant,

(iii) any other applicant to whom these Rules apply,

(iv) the parties’ legal representatives, if any, and

(v) the judge, magistrate or magistrates, justices’ legal adviser or other person who made each recorded decision.

(2) Such records must include—

(a) each party’s and representative’s address, including any electronic address and telephone number available;

(b) the defendant’s date of birth, if available; and

[Note. For the duty to keep court records, see sections 5 and 8 of the Public Records Act 1958[^f00062].

Recording and transcription of proceedings in the Crown Court

5.5

(1) Where someone may appeal to the Court of Appeal, the court officer must—

(a) arrange for the recording of the proceedings in the Crown Court, unless the court otherwise directs; and

(b) arrange for the transcription of such a recording if—

(i) the Registrar wants such a transcript, or

(ii) anyone else wants such a transcript (but that is subject to the restrictions in paragraph (2)).

(2) Unless the court otherwise directs, a person who transcribes a recording of proceedings under such arrangements—

(a) must not supply anyone other than the Registrar with a transcript of a recording of—

(i) a hearing in private, or

(ii) information to which reporting restrictions apply;

(b) subject to that, must supply any person with any transcript for which that person asks—

(i) in accordance with the transcription arrangements made by the court officer, and

(ii) on payment by that person of any fee prescribed.

(3) A party who wants to hear a recording of proceedings must—

(a) apply—

(i) in writing to the Registrar, if an appeal notice has been served where Part 65 applies (Appeal to the Court of Appeal: general rules), or

(ii) orally or in writing to the Crown Court officer;

(b) explain the reasons for the request; and

(4) If the Crown Court or the Registrar so directs, the Crown Court officer must allow that party to hear a recording of—

(a) a hearing in public;

(b) a hearing in private, if the applicant was present at that hearing.

[Note. See also section 32 of the Criminal Appeal Act 1968[^f00070].]

Custody of case materials

5.6

Unless the court otherwise directs, in respect of each case the court officer may—

(a) keep any evidence, application, representation or other material served by the parties; or

(b) arrange for the whole or any part to be kept by some other appropriate person, subject to—

(i) any condition imposed by the court, and

(ii) the rules in Part 63 (Appeal to the Crown Court) and Part 65 (Appeal to the Court of Appeal: general rules) about keeping exhibits pending any appeal.

Supply to a party of information or documents from records or case materials

5.7

(1) This rule applies where a party wants information, or a copy of a document, from records or case materials kept by the court officer (for example, in case of loss, or to establish what is retained).

(2) Such a party must—

(a) apply to the court officer;

(b) specify the information or document required; and

(3) The application—

(a) may be made orally, giving no reasons, if paragraph (4) requires the court officer to supply the information or document requested;

(b) must be in writing, unless the court otherwise permits, and must explain for what purpose the information is required, in any other case.

(4) The court officer must supply to the applicant party—

(a) a copy of any document served by, or on, that party (but not of any document not so served);

(b) by word of mouth, or in writing, as requested—

(i) information that was received from that party in the first place,

(ii) information about any direction or order directed to that party, or made on an application by that party, or at a hearing in public,

(iii) information about the outcome of the case.

(5) If the court so permits, the court officer may supply to the applicant party, by word of mouth or in writing, as requested, information that paragraph (4) does not require the court officer to supply.

Supply to the public, including reporters, of information about a case

5.8

(1) This rule applies where a member of the public, including a reporter, wants information about a case from the court officer.

(2) Such a person must—

(a) apply to the court officer;

(b) specify the information requested; and

(3) The application—

(a) may be made orally, giving no reasons, if paragraph (4) requires the court officer to supply the information requested;

(b) must be in writing, unless the court otherwise permits, and must explain for what purpose the information is required, in any other case.

(4) The court officer must supply to the applicant—

(a) any information listed in paragraph (6), if—

(i) the information is available to the court officer,

(ii) the supply of the information is not prohibited by a reporting restriction, and

(iii) the trial has not yet concluded, or the verdict was not more than 6 months ago; and

(b) details of any reporting or access restriction ordered by the court.

(5) The court officer will supply that information—

(a) by word of mouth; or

(b) by such other arrangements as the Lord Chancellor directs.

(6) The information that paragraph (4) requires the court officer to supply is—

(a) the date of any hearing in public, unless any party has yet to be notified of that date;

(b) each alleged offence and any plea entered;

(i) bail, or

(ii) the committal, sending or transfer of the case to another court;

(d) whether the case is under appeal;

(e) the outcome of any trial and any appeal; and

(f) the identity of—

(i) the prosecutor,

(ii) the defendant,

(iii) the parties’ representatives, including their addresses, and

(iv) the judge, magistrate or magistrates, or justices’ legal adviser by whom a decision at a hearing in public was made.

(7) If the court so directs, the court officer will—

(a) supply to the applicant, by word of mouth, other information about the case; or

(b) allow the applicant to inspect or copy a document, or part of a document, containing information about the case.

(8) The court may determine an application to which paragraph (7) applies—

(a) at a hearing, in public or in private; or

(b) without a hearing.

[Note. The supply of information about a case is affected by—

(a) Articles 6, 8 and 10 of the European Convention on Human Rights, and the court’s duty to have regard to the importance of—

(i) dealing with criminal cases in public, and

(ii) allowing a public hearing to be reported to the public;

(b) the Rehabilitation of Offenders Act 1974[^f00071];

(d) the Sexual Offences (Protected Material) Act 1997[^f00073];

(e) the Data Protection Act 1998[^f00074];

(f) section 20 of the Access to Justice Act 1999[^f00075]; and

(g) reporting restrictions, rules about which are contained in Part 16 (Reporting, etc. restrictions).]

Supply of written certificate or extract from records

5.9

(1) This rule applies where legislation—

(a) allows a certificate of conviction or acquittal, or an extract from records kept by the court officer, to be introduced in evidence in criminal proceedings; or

(b) requires such a certificate or extract to be supplied by the court officer to a specified person for a specified purpose.

(2) A person who wants such a certificate or extract must—

(a) apply in writing to the court officer;

(b) specify the certificate or extract required;

(d) pay any fee prescribed.

(3) If the application satisfies the requirements of that legislation, the court officer must supply the certificate or extract requested—

(a) to a party;

(b) unless the court otherwise directs, to any other applicant.

[Note. Under sections 73 to 75 of the Police and Criminal Evidence Act 1984[^f00076], a certificate of conviction or acquittal, and certain other details from records to which this Part applies, may be admitted in evidence in criminal proceedings.

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[^f00079],

(ii) an explanation order, under paragraphs 10 and 13 of Schedule 5 to the 2000 Act[^f00080],

(iii) a customer information order, under paragraphs 1 and 4 of Schedule 6 to the 2000 Act[^f00081];

(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[^f00082].

(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[^f00083];

(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[^f00085];

(e) an account monitoring order, under sections 370 and 375 of the 2002 Act[^f00086].

(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[^f00087];

(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[^f00089].

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[^f00092]. 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[^f00094]. 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[^f00095]. 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[^f00096]. 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[^f00097]; 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[^f00098];

(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[^f00099].]

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[^f00100];

(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[^f00101]; 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;

(i) the court that issued it, unless that is otherwise recorded by the court officer, and

(ii) the court office for the court that issued it; and

(d) in the case of a requisition, identify the person under whose authority it is issued.

(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 — DISCONTINUING A PROSECUTION

Contents of this Part

When this Part applies	rule 8.1
Discontinuing a case	rule 8.2
Defendant's notice to continue	rule 8.3

When this Part applies

8.1

(1) This Part applies where—

(a) the Director of Public Prosecutions, or the Director of Revenue and Customs Prosecutions, can discontinue a case in a magistrates’ court, under section 23 of the Prosecution of Offences Act 1985[^f00108];

(b) the Director of Public Prosecutions, or another public prosecutor, can discontinue a case sent for trial in the Crown Court, under section 23A of the Prosecution of Offences Act 1985[^f00109].

(2) In this Part, ‘prosecutor’ means one of those authorities.

[Note. Under section 23 of the Prosecution of Offences Act 1985, the Director of Public Prosecutions may discontinue proceedings in a magistrates’ court, before the court—

(a) commits or sends the defendant for trial in the Crown Court; or

(b) begins to hear the prosecution evidence, at a trial in the magistrates’ court.

Discontinuing a case

8.2

(1) A prosecutor exercising a power to which this Part applies must serve notice on—

(a) the court officer;

(b) the defendant; and

(2) Such a notice must—

(a) identify—

(i) the defendant and each offence to which the notice relates,

(ii) the person serving the notice, and

(iii) the power that that person is exercising;

(b) explain—

(i) in the copy of the notice served on the court officer, the reasons for discontinuing the case,

(ii) that the notice brings the case to an end,

(iii) if the defendant is in custody for any offence to which the notice relates, that the defendant must be released from that custody, and

(iv) if the notice is under section 23 of the 1985 Act, that the defendant has a right to require the case to continue.

(3) Where the defendant is on bail, the court officer must notify—

(a) any surety; and

(b) any person responsible for monitoring or securing the defendant’s compliance with a condition of bail.

Defendant's notice to continue

8.3

(1) This rule applies where a prosecutor serves a notice to discontinue under section 23 of the 1985 Act.

(2) A defendant who wants the case to continue must serve notice—

(a) on the court officer; and

(b) not more than 35 days after service of the notice to discontinue.

(3) If the defendant serves such a notice, the court officer must—

(a) notify the prosecutor; and

(b) refer the case to the court.

PART 9 — ALLOCATION AND SENDING FOR TRIAL

[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[^f00114] (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[^f00115] 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[^f00116], 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[^f00117], 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[^f00118].

(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[^f00119] 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.

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