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The Criminal Procedure Rules 2012

Type Statutory-Instrument

Publication 2012-07-02

State In force

Department King's Printer of Acts of Parliament

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(d) section 58 of the Criminal Procedure and Investigations Act 1996²²⁸(postponed report of derogatory assertion in mitigation);

(e) section 46 of the Youth Justice and Criminal Evidence Act 1999²²⁹(identity of a vulnerable adult witness);

(f) section 82 of the Criminal Justice Act 2003²³⁰(order for retrial after acquittal); or

(g) section 75 of the Serious Organised Crime and Police Act 2005²³¹(identity of a defendant who assisted the police).

Exercise of court’s powers to which this Part applies

16.2

(1) When exercising a power to which this Part applies, as well as furthering the overriding objective, in accordance with rule 1.3, the court must have regard to the importance of—

(a) dealing with criminal cases in public; and

(b) allowing a public hearing to be reported to the public.

(2) The court may determine an application or appeal under this Part—

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

(b) without a hearing.

(3) But the court must not exercise a power to which this Part applies unless each party and any other person directly affected—

(a) is present; or

(b) has had an opportunity—

(i) to attend, or

(ii) to make representations.

[Note. See also section 121 of the Magistrates’ Courts Act 1980²⁵⁴and rule 37.2.]

Court’s power to vary requirements under this Part

16.3

(1) The court may—

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

(b) require an application to be made in writing instead of orally;

(d) dispense with a requirement to—

(i) give notice, or

(ii) serve a written application.

(2) Someone who wants an extension of time must—

(a) apply when making the application or representations for which it is needed; and

(b) explain the delay.

SECTION 2: REPORTING AND ACCESS RESTRICTIONS

Reporting and access restrictions

16.4

(1) This rule applies where the court can—

(a) impose a restriction on—

(i) reporting what takes place at a public hearing, or

(ii) public access to what otherwise would be a public hearing;

(b) withhold information from the public during a public hearing.

(2) The court may do so—

(a) on application by a party; or

(b) on its own initiative.

(3) A party who wants the court to do so must—

(a) apply as soon as reasonably practicable;

(b) notify—

(i) each other party, and

(ii) such other person (if any) as the court directs;

(d) explain—

(i) what power the court has to make the order, and

(ii) why an order in the terms proposed is necessary;

(e) where the application is for a reporting direction in respect of a witness under section 46 of the Youth Justice and Criminal Evidence Act 1999, explain—

(i) how the witness is eligible for assistance, and

(ii) why a reporting direction would be likely to improve the quality of the witness’ evidence, or the level of co-operation the witness gives the applicant in connection with the preparation of the applicant’s case.

Varying or removing restrictions

16.5

(1) This rule applies where the court can vary or remove a reporting or access restriction.

(2) Unless other legislation otherwise provides, the court may do so—

(a) on application by a party or person directly affected; or

(b) on its own initiative.

(3) A party or person who wants the court to do so must—

(a) apply as soon as reasonably practicable;

(b) notify—

(i) each other party, and

(ii) such other person (if any) as the court directs;

(d) explain, as appropriate, why it should be varied or removed.

(4) A person who wants to appeal to the Crown Court under section 141F of the Education Act 2002²⁵⁵ must—

(a) serve an appeal notice on—

(i) the Crown Court officer, and

(ii) each other party;

(b) serve on the Crown Court officer, with the appeal notice, a copy of the application to the magistrates’ court;

(c) serve the appeal notice not more than 21 days after the magistrates’ court’s decision against which the appellant wants to appeal; and

(d) in the appeal notice, explain, as appropriate, why the restriction should be maintained, varied or removed.

(5) Rule 63.10 (Constitution of the Crown Court) applies on such an appeal.

[Note. Under section 141F(7) of the Education Act 2002, a party to an application to a magistrates’ court to remove the statutory restriction on reporting an alleged offence by a teacher may appeal to the Crown Court against the decision of the magistrates’ court. With the Crown Court’s permission, any other person may appeal against such a decision.]

Trial in private

16.6

(1) This rule applies where the court can order a trial in private.

(2) A party who wants the court to do so must—

(a) apply in writing not less than 5 business days before the trial is due to begin; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(3) The applicant must explain—

(a) the reasons for the application;

(b) how much of the trial the applicant proposes should be in private; and

(i) reporting restrictions,

(ii) an admission of facts,

(iii) the introduction of hearsay evidence,

(iv) a direction for a special measure under section 19 of the Youth Justice and Criminal Evidence Act 1999,

(v) a witness anonymity order under section 86 of the Coroners and Justice Act 2009, or

(vi) arrangements for the protection of a witness.

(4) Where the application includes information that the applicant thinks ought not be revealed to another party, the applicant must—

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

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

(5) The court officer must at once—

(a) display notice of the application somewhere prominent in the vicinity of the courtroom; and

(b) give notice of the application to reporters by such other arrangements as the Lord Chancellor directs.

(6) The application must be determined at a hearing which—

(a) will be in private, unless the court otherwise directs;

(b) if the court so directs, may be, wholly or in part, in the absence of a party from whom information has been withheld; and

(7) At the hearing of the application—

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

(i) representations first by the applicant and then by each other party, in all the parties’ presence, and then

(ii) further representations by the applicant, in the absence of a party from whom information has been withheld; but

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

(8) The court must not hear a trial in private until—

(a) the business day after the day on which it orders such a trial, or

(b) the disposal of any appeal against, or review of, any such order, if later.

Representations in response

16.7

(1) This rule applies where a party, or person directly affected, wants to make representations about an application or appeal.

(2) Such a party or person must—

(a) serve the representations on—

(i) the court officer,

(ii) the applicant,

(iii) each other party, and

(iv) such other person (if any) as the court directs;

(b) do so as soon as reasonably practicable after notice of the application; and

(3) Representations must—

(a) explain the reasons for any objection;

(b) specify any alternative terms proposed.

Order about restriction or trial in private

16.8

(1) This rule applies where the court—

(a) orders, varies or removes a reporting or access restriction; or

(b) orders a trial in private.

(2) The court officer must—

(a) record the court’s reasons for the decision; and

(b) as soon as reasonably practicable, arrange for notice of the decision to be—

(i) displayed somewhere prominent in the vicinity of the courtroom, and

(ii) communicated to reporters by such other arrangements as the Lord Chancellor directs.

SECTION 3: SOUND RECORDING AND ELECTRONIC COMMUNICATION

Sound recording and electronic communication

16.9

(1) This rule applies where the court can give permission to—

(a) bring into a hearing for use, or use during a hearing, a device for—

(i) recording sound, or

(ii) communicating by electronic means; or

(b) publish a sound recording made during a hearing.

(2) The court may give such permission—

(a) on application; or

(b) on its own initiative.

(3) A person who wants the court to give such permission must—

(a) apply as soon as reasonably practicable;

(b) notify—

(i) each party, and

(ii) such other person (if any) as the court directs; and

(4) As a condition of the applicant using such a device, the court may direct arrangements to minimise the risk of its use—

(a) contravening a reporting restriction;

(b) disrupting the hearing; or

(i) the evidence to be given by a witness, or

(ii) the verdict of a jury.

(5) Such a direction may require that the device is used only—

(a) in a specified part of the courtroom;

(b) for a specified purpose;

(c) for a purpose connected with the applicant’s activity as a member of a specified group, for example representatives of news-gathering or reporting organisations;

(d) at a specified time, or in a specified way.

Forfeiture of unauthorised sound recording

16.10

(1) This rule applies where someone without the court’s permission—

(a) uses a device for recording sound during a hearing; or

(b) publishes a sound recording made during a hearing.

(2) The court may exercise its power to forfeit the device or recording—

(a) on application by a party, or on its own initiative;

(b) provisionally, despite rule 16.2(3), to allow time for representations.

(3) A party who wants the court to forfeit a device or recording must—

(a) apply as soon as reasonably practicable;

(b) notify—

(i) as appropriate, the person who used the device, or who published the recording, and

(ii) each other party; and

[Note. Under section 9(3) of the Contempt of Court Act 1981²⁵⁶, the court can forfeit any device or recording used or made in contravention of section 9(1) of the Act.]

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 1989²⁵⁷ 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 1989²⁵⁸ (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 1989²⁵⁹ 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 Act²⁶⁰.

(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 Act²⁶¹.

[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 1965²⁶² (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 1965²⁶³ 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 Act²⁶⁴ 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 Act²⁶⁵, 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 Act²⁶⁶.

(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 FOR ARREST, DETENTION OR IMPRISONMENT

Contents of this Part

When this Part applies	rule 18.1
Terms of a warrant for arrest	rule 18.2
Terms of a warrant for detention or imprisonment	rule 18.3
Information to be included in a warrant	rule 18.4
Execution of a warrant	rule 18.5
Warrants that cease to have effect on payment	rule 18.6
Warrant issued when the court office is closed	rule 18.7

[Note. Part 52 contains rules about warrants to take goods to pay fines, etc.]

When this Part applies

18.1

(1) This Part applies where the court can issue a warrant for arrest, detention or imprisonment.

(2) In this Part, ‘defendant’ means anyone against whom such a warrant is issued.

Terms of a warrant for arrest

18.2

A warrant for arrest must require each person to whom it is directed to arrest the defendant and—

(a) bring the defendant to a court—

(i) specified in the warrant, or

(ii) required or allowed by law; or

(b) release the defendant on bail (with conditions or without) to attend court at a date, time and place—

(i) specified in the warrant, or

(ii) to be notified by the court.

[Note. The principal provisions under which the court can issue a warrant for arrest are—

(a) section 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965²⁶⁷;

(b) section 7 of the Bail Act 1976²⁶⁸;

(d) sections 79, 80 and 81(4), (5) of the Senior Courts Act 1981²⁷⁰.

Terms of a warrant for detention or imprisonment

18.3

(1) A warrant for detention or imprisonment must—

(a) require each person to whom it is directed to—

(i) arrest the defendant,

(ii) take the defendant to any place specified in the warrant, and

(iii) deliver the defendant to the custodian of that place; and

(b) require that custodian to keep the defendant in custody, as ordered by the court, until in accordance with the law—

(i) the defendant is delivered to the appropriate court or place, or

(ii) the defendant is released.

(2) Where a magistrates’ court remands a defendant to police detention under section 128(7)²⁷³ or section 136²⁷⁴ of the Magistrates’ Courts Act 1980, or to customs detention under section 152 of the Criminal Justice Act 1988²⁷⁵, the warrant it issues must—

(a) be directed, as appropriate, to—

(i) a constable, or

(ii) an officer of Her Majesty’s Revenue and Customs; and

(b) require that constable or officer to keep the defendant in custody—

(i) for a period (not exceeding the maximum permissible) specified in the warrant, or

(ii) until in accordance with the law the defendant is delivered to the appropriate court or place.

[Note. Under section 128(7) of the Magistrates’ Courts Act 1980, a magistrates’ court can remand a defendant to police detention for not more than 3 clear days, if the defendant is an adult, or for not more than 24 hours if the defendant is under 18.

Information to be included in a warrant

18.4

(1) A warrant must identify—

(a) each person to whom it is directed;

(b) the defendant against whom it was issued;

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

(e) the court office for the court that issued it.

(2) A warrant for detention or imprisonment must contain a record of any decision by the court under—

(a) section 23 of the Children and Young Persons Act 1969²⁷⁶ (remand to local authority accommodation) or section 102 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012²⁷⁷ (remand to youth detention accommodation);

(b) section 80 of the Magistrates’ Courts Act 1980²⁷⁸ (application of money found on defaulter to satisfy sum adjudged); or

(3) A warrant that contains an error is not invalid, as long as—

(a) it was issued in respect of a lawful decision by the court; and

(b) it contains enough information to identify that decision.

[Note. See section 23(8) of the Children and Young Persons Act 1969 and section 102(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.Under section 23 of the 1969 Act, the court can remand a person aged between 12 and 18 years to secure accommodation, if it decides that the prescribed conditions are met. Under section 102 of the 2012 Act, when it comes into force, the court can remand a person under 18 to such accommodation if it decides that the conditions prescribed by that Act are met.

Execution of a warrant

18.5

(1) A warrant may be executed—

(a) by any person to whom it is directed; or

(b) if the warrant was issued by a magistrates’ court, by anyone authorised to do so by section 125²⁸¹ (warrants), 125A²⁸² (civilian enforcement officers) or 125B²⁸³ (execution by approved enforcement agency) of the Magistrates’ Courts Act 1980.

(2) The person who executes a warrant must—

(a) explain, in terms the defendant can understand, what the warrant requires, and why;

(b) show the defendant the warrant, if that person has it; and

(i) arrange for the defendant to see the warrant, if that person does not have it, and

(ii) show the defendant any written statement of that person’s authority required by section 125A or 125B of the 1980 Act.

(3) The person who executes a warrant of arrest that requires the defendant to be released on bail must—

(a) make a record of—

(i) the defendant’s name,

(ii) the reason for the arrest,

(iii) the defendant’s release on bail, and

(iv) when and where the warrant requires the defendant to attend court; and

(b) serve the record on—

(i) the defendant, and

(ii) the court officer.

(4) The person who executes a warrant of detention or imprisonment must—

(a) take the defendant—

(i) to any place specified in the warrant, or

(ii) if that is not immediately practicable, to any other place at which the defendant may be lawfully detained (and the warrant then has effect as if it specified that place);

(b) obtain a receipt from the custodian; and

[Note. Under section 125 of the Magistrates’ Courts Act 1980, a warrant issued by a magistrates’ court may be executed by any person to whom it is directed or by any constable acting within that constable’s police area.

Warrants that cease to have effect on payment

18.6

(1) This rule applies to a warrant issued by a magistrates’ court under any of the following provisions of the Magistrates’ Courts Act 1980—

(a) section 76²⁸⁵ (enforcement of sums adjudged to be paid);

(b) section 83²⁸⁶ (process for securing attendance of offender);

(d) section 136²⁸⁸ (committal to custody overnight at police station for non-payment of sum adjudged by conviction).

(2) The warrant no longer has effect if—

(a) the sum in respect of which the warrant was issued is paid to the person executing it;

(b) that sum is offered to, but refused by, that person; or

(i) the court officer, or

(ii) the authority to which that sum is due.

[Note. See sections 79²⁸⁹and 125(1) of the Magistrates’ Courts Act 1980.]

Warrant issued when the court office is closed

18.7

(1) This rule applies where the court issues a warrant when the court office is closed.

(2) The applicant for the warrant must, not more than 72 hours later, serve on the court officer—

(a) a copy of the warrant; and

(b) any written material that was submitted to the court.

PART 19 — BAIL AND CUSTODY TIME LIMITS

Contents of this Part

Section 1: general rules
When this Part applies	rule 19.1
Exercise of court’s powers to which this Part applies	rule 19.2
Duty of justices’ legal adviser	rule 19.3
General duties of court officer	rule 19.4

Section 2: bail
Prosecutor’s representations about bail	rule 19.5
Reconsideration of police bail by magistrates’ court	rule 19.6
Notice of application to consider bail	rule 19.7
Defendant’s application or appeal to the Crown Court
after magistrates’ court bail decision	rule 19.8
Prosecutor’s appeal against grant of bail	rule 19.9
Consideration of bail in a murder case	rule 19.10
Condition of residence	rule 19.11
Electronic monitoring requirements	rule 19.12
Accommodation or support requirements	rule 19.13
Requirement for surety or payment, etc.	rule 19.14
Forfeiture of a recognizance given by a surety	rule 19.15

Section 3: custody time limits
Application to extend a custody time limit	rule 19.16
Appeal against custody time limit decision	rule 19.17

SECTION 1: GENERAL RULES

When this Part applies

19.1

(1) This Part applies where a magistrates’ court or the Crown Court can—

(a) grant or withhold bail, or impose or vary a condition of bail; and

(b) where bail has been withheld, extend a custody time limit.

(2) In this Part, ‘defendant’ includes a person who has been granted bail by a police officer.

[Note. See in particular—

(a) the Bail Act 1976²⁹⁰;

(b) section 128 of the Magistrates’ Courts Act 1980²⁹¹(general powers of magistrates’ courts in relation to bail);

(d) section 115 of the Coroners and Justice Act 2009²⁹³(exclusive power of the Crown Court to grant bail to a defendant charged with murder);

(e) section 22 of the Prosecution of Offences Act 1985²⁹⁴(provision for custody time limits); and

(f) the Prosecution of Offences (Custody Time Limits) Regulations 1987²⁹⁵(maximum periods during which a defendant may be kept in custody pending trial).

Exercise of court’s powers to which this Part applies

19.2

(1) The court must not make a decision to which this Part applies unless—

(a) each party to the decision and any surety directly affected by the decision—

(i) is present, or

(ii) has had an opportunity to make representations;

(b) on an application for bail by a defendant who is absent and in custody, the court is satisfied that the defendant—

(i) has waived the right to attend, or

(ii) was present when a court withheld bail in the case on a previous occasion and has been in custody continuously since then;

(c) on a prosecutor’s appeal against a grant of bail, application to extend a custody time limit or appeal against a refusal to extend such a time limit—

(i) the court is satisfied that a defendant who is absent has waived the right to attend, or

(ii) the court is satisfied that it would be just to proceed even though the defendant is absent.

(2) The court may make a decision to which this Part applies at a hearing, in public or in private.

(3) The court may determine without a hearing an application to vary a condition of bail if—

(a) the parties to the application have agreed the terms of the variation proposed; or

(b) on an application by a defendant, the court determines the application no sooner than the fifth business day after the application was served.

(4) The court may adjourn a determination to which this Part applies, if that is necessary to obtain information sufficient to allow the court to make the decision required.

(5) At any hearing at which the court makes one of the following decisions, the court must announce in terms the defendant can understand (with help, if necessary) its reasons for—

(a) withholding bail, or imposing or varying a bail condition;

(b) granting bail, where the prosecutor opposed the grant; or

(6) At any hearing at which the court grants bail, the court must—

(a) tell the defendant where and when to surrender to custody; or

(b) arrange for the court officer to give the defendant, as soon as practicable, notice of where and when to surrender to custody.

[Note. See section 5 of the Bail Act 1976 and section 23 of the Children and Young Persons Act 1969.

Duty of justices’ legal adviser

19.3

(1) This rule applies—

(a) only in a magistrates’ court; and

(b) unless the court—

(i) includes a District Judge (Magistrates’ Courts), and

(ii) otherwise directs.

(2) A justices’ legal adviser must—

(a) assist an unrepresented defendant;

(b) give the court such advice as is required to enable it to exercise its powers;

(c) if required, attend the members of the court outside the courtroom to give such advice, but inform the parties of any advice so given.

[Note. For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003²⁹⁷.]

General duties of court officer

19.4

(1) The court officer must arrange for a note or other record to be made of—

(a) the parties’ representations about bail; and

(b) the court’s reasons for a decision—

(i) to withhold bail, or to impose or vary a bail condition, or

(ii) to grant bail, where the prosecutor opposed the grant.

(2) The court officer must serve notice of a decision about bail on—

(a) the defendant (but, in the Crown Court, only where the defendant’s legal representative asks for such a notice, or where the defendant has no legal representative);

(b) the prosecutor (but only where the court granted bail, the prosecutor opposed the grant, and the prosecutor asks for such a notice);

(d) a surety who is directly affected by the decision;

(e) the defendant’s custodian, where the defendant is in custody and the decision requires the custodian—

(i) to release the defendant (or will do so, if a requirement ordered by the court is met), or

(ii) to transfer the defendant to the custody of another custodian;

(f) the court officer for any other court at which the defendant is required by that decision to surrender to custody.

(3) Where the court postpones the date on which a defendant who is on bail must surrender to custody, the court officer must serve notice of the postponed date on—

(a) the defendant; and

(b) any surety.

[Note. See section 5 of the Bail Act 1976²⁹⁸; section 43 of the Magistrates’ Courts Act 1980²⁹⁹; and section 52 of the Mental Health Act 1983³⁰⁰.]

SECTION 2: BAIL

Prosecutor’s representations about bail

19.5

(1) This rule applies whenever the court can grant or withhold bail.

(2) The prosecutor must provide the court with all the information in the prosecutor’s possession which is material to what the court must decide.

(3) A prosecutor who opposes the grant of bail must specify—

(a) each exception to the general right to bail on which the prosecutor relies; and

(b) each consideration that the prosecutor thinks relevant.

(4) A prosecutor who wants the court to impose a condition on any grant of bail must—

(a) specify each condition proposed; and

(b) explain what purpose would be served by such a condition.

[Note. A summary of the general entitlement to bail and of the exceptions to that entitlement is at the end of this Part.]

Reconsideration of police bail by magistrates’ court

19.6

(1) This rule applies where a party wants a magistrates’ court to reconsider a bail decision by a police officer.

(2) An application under this rule must be made to—

(a) the magistrates’ court to whose custody the defendant is under a duty to surrender, if any; or

(b) any magistrates’ court acting for the police officer’s local justice area, in any other case.

(3) The applicant party must—

(a) apply in writing; and

(b) serve the application on—

(i) the court officer,

(ii) the other party, and

(iii) any surety affected or proposed.

(4) The application must—

(a) specify—

(i) the decision that the applicant wants the court to make,

(ii) each offence charged, or for which the defendant was arrested, and

(iii) the police bail decision to be reconsidered and the reasons given for it;

(b) explain, as appropriate—

(i) why the court should grant bail itself, or withdraw it, or impose or vary a condition, and

(ii) if the applicant is the prosecutor, what material information has become available since the police bail decision was made;

(d) if the applicant wants an earlier hearing than paragraph (7) requires, ask for that, and explain why it is needed.

(5) A prosecutor who applies under this rule must serve on the defendant, with the application, notice that the court has power to withdraw bail and, if the defendant is absent when the court makes its decision, order the defendant’s arrest.

(6) A party who opposes an application must—

(a) so notify the court officer and the applicant at once; and

(b) serve on each notice of the reasons for opposition.

(7) Unless the court otherwise directs, the court officer must arrange for the court to hear the application as soon as practicable and in any event—

(a) if it is an application to withdraw bail, no later than the second business day after it was served;

(b) in any other case, no later than the fifth business day after it was served.

(8) The court may—

(a) vary or waive a time limit under this rule;

(b) allow an application to be in a different form to one set out in the Practice Direction;

[Note. The Practice Direction sets out a form of application for use in connection with this rule.

Notice of application to consider bail

19.7

(1) This rule applies where—

(a) in a magistrates’ court—

(i) a prosecutor wants the court to withdraw bail granted by the court, or to impose or vary a condition of such bail, or

(ii) a defendant wants the court to reconsider such bail before the next hearing in the case;

(b) in the Crown Court, a party wants the court to grant bail that has been withheld, or to withdraw bail that has been granted, or to impose a new bail condition or to vary a present one;

(2) Such a party must—

(a) apply in writing;

(b) serve the application on—

(i) the court officer,

(ii) the other party, and

(iii) any surety affected or proposed; and

(c) serve the application not less than 2 business days before any hearing in the case at which the applicant wants the court to consider it, if such a hearing is already due.

(3) The application must—

(a) specify—

(i) the decision that the applicant wants the court to make,

(ii) each offence charged, and

(iii) each relevant previous bail decision and the reasons given for each;

(b) if the applicant is a defendant, explain—

(i) as appropriate, why the court should not withhold bail, or why it should vary a condition, and

(ii) what further information or legal argument, if any, has become available since the most recent previous bail decision was made;

(i) as appropriate, why the court should withdraw bail, or impose or vary a condition, and

(ii) what material information has become available since the most recent previous bail decision was made;

(d) propose the terms of any suggested condition of bail; and

(e) if the applicant wants an earlier hearing than paragraph (6) requires, ask for that, and explain why it is needed.

(4) A prosecutor who applies under this rule must serve on the defendant, with the application, notice that the court has power to withdraw bail and, if the defendant is absent when the court makes its decision, order the defendant’s arrest.

(5) A party who opposes an application must—

(a) so notify the court officer and the applicant at once; and

(b) serve on each notice of the reasons for opposition.

(6) Unless the court otherwise directs, the court officer must arrange for the court to hear the application as soon as practicable and in any event—

(a) if it is an application to grant or withdraw bail, no later than the second business day after it was served;

(b) if it is an application to impose or vary a condition, no later than the fifth business day after it was served.

(7) The court may—

(a) vary or waive a time limit under this rule;

(b) allow an application to be in a different form to one set out in the Practice Direction, or to be made orally;

[Note. The Practice Direction sets out a form of application for use in connection with this rule.

Defendant’s application or appeal to the Crown Court after magistrates’ court bail decision

19.8

(1) This rule applies where a defendant wants to—

(a) apply to the Crown Court for bail after a magistrates’ court has withheld bail; or

(b) appeal to the Crown Court after a magistrates’ court has refused to vary a bail condition as the defendant wants.

(2) The defendant must—

(a) apply to the Crown Court in writing as soon as practicable after the magistrates’ court’s decision; and

(b) serve the application on—

(i) the Crown Court officer,

(ii) the magistrates’ court officer,

(iii) the prosecutor, and

(iv) any surety affected or proposed.

(3) The application must—

(a) specify—

(i) the decision that the applicant wants the Crown Court to make, and

(ii) each offence charged;

(b) explain—

(i) as appropriate, why the Crown Court should not withhold bail, or why it should vary the condition under appeal, and

(ii) what further information or legal argument, if any, has become available since the magistrates’ court’s decision;

(d) if the applicant wants an earlier hearing than paragraph (6) requires, ask for that, and explain why it is needed.

(4) The magistrates’ court officer must as soon as practicable serve on the Crown Court officer—

(a) a copy of the note or record made under rule 19.4(1) in connection with the magistrates’ court’s decision; and

(b) the date of the next hearing, if any, in the magistrates’ court.

(5) A prosecutor who opposes the application must—

(a) so notify the Crown Court officer and the defendant at once; and

(b) serve on each notice of the reasons for opposition.

(6) Unless the Crown Court otherwise directs, the court officer must arrange for the court to hear the application or appeal as soon as practicable and in any event no later than the business day after it was served.

(7) The Crown Court may vary a time limit under this rule.

[Note. The Practice Direction sets out a form of application for use in connection with this rule.

Prosecutor’s appeal against grant of bail

19.9

(1) This rule applies where a prosecutor wants to appeal—

(a) to the Crown Court against a grant of bail by a magistrates’ court, in a case in which the defendant has been charged with, or convicted of, an offence punishable with imprisonment; or

(b) to the High Court against a grant of bail—

(i) by a magistrates’ court, in an extradition case, or

(ii) by the Crown Court, except in a case in which the Crown Court granted bail on an appeal to which paragraph (1)(a) applies.

(2) The prosecutor must tell the court which has granted bail of the decision to appeal—

(a) at the end of the hearing during which the court granted bail; and

(b) before the defendant is released on bail.

(3) The court which has granted bail must exercise its power to remand the defendant in custody pending determination of the appeal.

(4) The prosecutor must serve an appeal notice—

(a) on the court officer for the court which has granted bail and on the defendant;

(b) not more than 2 hours after telling that court of the decision to appeal.

(5) The appeal notice must specify—

(a) each offence with which the defendant is charged;

(b) the decision under appeal;

(d) the grounds of appeal.

(6) The court officer for the court which has granted bail must, as soon as practicable, serve on the appeal court officer—

(a) the appeal notice;

(b) a copy of the note or record made under rule 19.4(1); and

(7) If the Crown Court so directs, the Crown Court officer must arrange for the defendant to be assisted by the Official Solicitor in a case in which the defendant—

(a) has no legal representative; and

(b) asks for such assistance.

(8) On an appeal to the Crown Court, the Crown Court officer must arrange for the court to hear the appeal as soon as practicable and in any event no later than the second business day after the appeal notice was served.

(9) The prosecutor—

(a) may abandon an appeal to the Crown Court without the court’s permission, by serving a notice of abandonment, signed by or on behalf of the prosecutor, on—

(i) the defendant,

(ii) the Crown Court officer, and

(iii) the magistrates’ court officer

before the hearing of the appeal begins; but

(b) after the hearing of the appeal begins, may only abandon the appeal with the Crown Court’s permission.

(10) The court officer for the court which has granted bail must instruct the defendant’s custodian to release the defendant on the bail granted by that court, subject to any condition or conditions of bail imposed, if—

(a) the prosecutor fails to serve an appeal notice within the time to which paragraph (4) refers; or

(b) the prosecutor serves a notice of abandonment under paragraph (9).

[Note. See section 1 of the Bail (Amendment) Act 1993³¹³. The time limit for serving an appeal notice is prescribed by section 1(5) of the Act. It may be neither extended nor shortened.

Consideration of bail in a murder case

19.10

(1) This rule applies in a case in which—

(a) the defendant is charged with murder; and

(b) the Crown Court has not yet considered bail.

(2) The magistrates’ court officer must arrange with the Crown Court officer for the Crown Court to consider bail as soon as practicable and in any event no later than the second business day after—

(a) a magistrates’ court sends the defendant to the Crown Court for trial; or

(b) the first hearing in the magistrates’ court, if the defendant is not at once sent for trial.

[Note. See section 115 of the Coroners and Justice Act 2009³¹⁴.]

Condition of residence

19.11

(1) The defendant must notify the prosecutor of the address at which the defendant will live and sleep if released on bail with a condition of residence—

(a) as soon as practicable after the institution of proceedings, unless already done; and

(b) as soon as practicable after any change of that address.

(2) The prosecutor must help the court to assess the suitability of an address proposed as a condition of residence.

Electronic monitoring requirements

19.12

(1) This rule applies where the court imposes electronic monitoring requirements, where available, as a condition of bail.

(2) The court officer must—

(a) inform the person responsible for the monitoring (‘the monitor’) of—

(i) the defendant’s name, and telephone number if available,

(ii) each offence with which the defendant is charged,

(iii) details of the place at which the defendant’s presence must be monitored,

(iv) the period or periods during which the defendant’s presence at that place must be monitored, and

(v) if fixed, the date on which the defendant must surrender to custody;

(b) inform the defendant and, where the defendant is under 16, an appropriate adult, of the monitor’s identity and the means by which the monitor may be contacted; and

(i) variation or termination of the electronic monitoring requirements, or

(ii) fixing or variation of the date on which the defendant must surrender to custody.

[Note. Under section 3(6ZAA) of the Bail Act 1976³¹⁵, the conditions of bail that the court may impose include requirements for the electronic monitoring of a defendant’s compliance with other bail conditions, for example a curfew. Sections 3AA and 3AB of the 1976 Act³¹⁶set out conditions for imposing such requirements.

Accommodation or support requirements

19.13

(1) This rule applies where the court imposes as a condition of bail a requirement, where available, that the defendant must—

(a) reside in accommodation provided for that purpose by, or on behalf of, a public authority;

(b) receive bail support provided by, or on behalf of, a public authority.

(2) The court officer must—

(a) inform the person responsible for the provision of any such accommodation or support (‘the service provider’) of—

(i) the defendant’s name, and telephone number if available,

(ii) each offence with which the defendant is charged,

(iii) details of the requirement,

(iv) any other bail condition, and

(v) if fixed, the date on which the defendant must surrender to custody;

(b) inform the defendant and, where the defendant is under 16, an appropriate adult, of—

(i) the service provider’s identity and the means by which the service provider may be contacted, and

(ii) the address of any accommodation in which the defendant must live and sleep; and

(i) variation or termination of the requirement,

(ii) variation or termination of any other bail condition, and

(iii) fixing or variation of the date on which the defendant must surrender to custody.

Requirement for a surety or payment, etc.

19.14

(1) This rule applies where the court imposes as a condition of bail a requirement for—

(a) a surety;

(b) a payment;

(2) The court may direct how such a condition must be met.

(3) Unless the court otherwise directs, if any such condition or direction requires a surety to enter into a recognizance—

(a) the recognizance must specify—

(i) the amount that the surety will be required to pay if the purpose for which the recognizance is entered is not fulfilled, and

(ii) the date, or the event, upon which the recognizance will expire;

(b) the surety must enter into the recognizance in the presence of—

(i) the court officer,

(ii) the defendant’s custodian, where the defendant is in custody, or

(iii) someone acting with the authority of either; and

(i) the surety, and

(ii) as appropriate, the court officer and the defendant’s custodian.

(4) Unless the court otherwise directs, if any such condition or direction requires someone to make a payment, or surrender a document or thing—

(a) that payment, document or thing must be made or surrendered to—

(i) the court officer,

(ii) the defendant’s custodian, where the defendant is in custody, or

(iii) someone acting with the authority of either; and

(b) the court officer or the custodian, as appropriate, must serve immediately on the other a statement that the payment, document or thing has been made or surrendered.

(5) The custodian must release the defendant when each requirement ordered by the court has been met.

[Note. See also section 119 of the Magistrates’ Courts Act 1980³¹⁸.]

Forfeiture of a recognizance given by a surety

19.15

(1) This rule applies where the court imposes as a condition of bail a requirement that a surety enter into a recognizance and, after the defendant is released on bail,—

(a) the defendant fails to surrender to custody as required, or

(b) it appears to the court that the surety has failed to comply with a condition or direction.

(2) The court officer must serve notice on—

(a) the surety; and

(b) each party to the decision to grant bail,

of the hearing at which the court will consider the forfeiture of the recognizance.

(3) The court must not forfeit the recognizance less than 5 business days after service of notice under paragraph (2).

[Note. If the purpose for which a recognizance is entered is not fulfilled, that recognizance may be forfeited by the court. If the court forfeits a surety’s recognizance, the sum promised by that person is then payable to the Crown. See also section 120 of the Magistrates’ Courts Act 1980³¹⁹.]

SECTION 3: CUSTODY TIME LIMITS

Application to extend a custody time limit

19.16

(1) This rule applies where the prosecutor gives notice of application to extend a custody time limit.

(2) The court officer must arrange for the court to hear that application as soon as practicable after the expiry of—

(a) 5 days from the giving of notice, in the Crown Court; or

(b) 2 days from the giving of notice, in a magistrates’ court.

(3) The court may shorten a time limit under this rule.

[Note. See regulation 7 of The Prosecution of Offences (Custody Time Limits) Regulations 1987³²⁰.

Appeal against custody time limit decision

19.17

(1) This rule applies where—

(a) a defendant wants to appeal to the Crown Court against a decision by a magistrates’ court to extend a custody time limit;

(b) a prosecutor wants to appeal to the Crown Court against a decision by a magistrates’ court to refuse to extend a custody time limit.

(2) The appellant must serve an appeal notice—

(a) on—

(i) the other party to the decision,

(ii) the Crown Court officer, and

(iii) the magistrates’ court officer;

(b) in a defendant’s appeal, as soon as practicable after the decision under appeal;

(i) as soon as practicable after the decision under appeal, and

(ii) before the relevant custody time limit expires.

(3) The appeal notice must specify—

(a) each offence with which the defendant is charged;

(b) the decision under appeal;

(d) on a defendant’s appeal, the date on which the relevant custody time limit would have expired but for the decision under appeal; and

(e) the grounds of appeal.

(4) The Crown Court officer must arrange for the Crown Court to hear the appeal as soon as practicable and in any event no later than the second business day after the appeal notice was served.

(5) The appellant—

(a) may abandon an appeal without the Crown Court’s permission, by serving a notice of abandonment, signed by or on behalf of the appellant, on—

(i) the other party,

(ii) the Crown Court officer, and

(iii) the magistrates’ court officer

before the hearing of the appeal begins; but

(b) after the hearing of the appeal begins, may only abandon the appeal with the Crown Court’s permission.

[Note. See section 22(7), (8), (9) of the Prosecution of Offences Act 1985³²³.]

PART 20

20.1

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

PART 21 — INITIAL DETAILS OF THE PROSECUTION CASE

Contents of this Part

When this Part applies	rule 21.1
Providing initial details of the prosecution case	rule 21.2
Content of initial details	rule 21.3

When this Part applies

21.1

(1) This Part applies in a magistrates’ court, where the offence is one that can be tried in a magistrates’ court.

(2) The court may direct that, for a specified period, this Part will not apply—

(a) to any case in that court; or

(b) to any specified category of case.

[Note. An offence may be classified as—

(a) one that can be tried only in a magistrates’ court (in other legislation, described as triable only summarily);

(b) one that can be tried either in a magistrates’ court or in the Crown Court (in other legislation, described as triable either way); or

Providing initial details of the prosecution case

21.2

The prosecutor must provide initial details of the prosecution case by—

(a) serving those details on the court officer; and

(b) making those details available to the defendant,

at, or before, the beginning of the day of the first hearing.

Content of initial details

21.3

Initial details of the prosecution case must include—

(a) a summary of the evidence on which that case will be based; or

(b) any statement, document or extract setting out facts or other matters on which that case will be based; or

(d) the defendant’s previous convictions.

PART 22 — DISCLOSURE

Contents of this Part

When this Part applies	rule 22.1
Prosecution disclosure	rule 22.2
Prosecutor’s application for public interest ruling	rule 22.3
Defence disclosure	rule 22.4
Defendant’s application for prosecution disclosure	rule 22.5
Review of public interest ruling	rule 22.6
Defendant’s application to use disclosed material	rule 22.7
Unauthorised use of disclosed material	rule 22.8
Court’s power to vary requirements under this Part	rule 22.9

When this Part applies

22.1

This Part applies—

(a) in a magistrates’ court and in the Crown Court;

(b) where Parts I and II of the Criminal Procedure and Investigations Act 1996³³⁰ apply.

[Note. A summary of the disclosure requirements of the Criminal Procedure and Investigations Act 1996 is at the end of this Part.]

Prosecution disclosure

22.2

(1) This rule applies in the Crown Court where, under section 3 of the Criminal Procedure and Investigations Act 1996³³¹, the prosecutor—

(a) discloses prosecution material to the defendant; or

(b) serves on the defendant a written statement that there is no such material to disclose.

(2) The prosecutor must at the same time so inform the court officer.

Prosecutor’s application for public interest ruling

22.3

(1) This rule applies where—

(a) without a court order, the prosecutor would have to disclose material; and

(b) the prosecutor wants the court to decide whether it would be in the public interest to disclose it.

(2) The prosecutor must—

(a) apply in writing for such a decision; and

(b) serve the application on—

(i) the court officer,

(ii) any person who the prosecutor thinks would be directly affected by disclosure of the material, and

(iii) the defendant, but only to the extent that serving it on the defendant would not disclose what the prosecutor thinks ought not be disclosed.

(3) The application must—

(a) describe the material, and explain why the prosecutor thinks that—

(i) it is material that the prosecutor would have to disclose,

(ii) it would not be in the public interest to disclose that material, and

(iii) no measure such as the prosecutor’s admission of any fact, or disclosure by summary, extract or edited copy, adequately would protect both the public interest and the defendant’s right to a fair trial;

(b) omit from any part of the application that is served on the defendant anything that would disclose what the prosecutor thinks ought not be disclosed (in which case, paragraph (4) of this rule applies); and

(4) Where the prosecutor serves only part of the application on the defendant, the prosecutor must—

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

(b) in that other part, explain why the prosecutor has withheld it from the defendant.

(5) Unless already done, the court may direct the prosecutor to serve an application on—

(a) the defendant;

(b) any other person who the court considers would be directly affected by the disclosure of the material.

(6) The court must determine the application at a hearing which—

(a) will be in private, unless the court otherwise directs; and

(b) if the court so directs, may take place, wholly or in part, in the defendant’s absence.

(7) At a hearing at which the defendant is present—

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

(i) representations first by the prosecutor and any other person served with the application, and then by the defendant, in the presence of them all, and then

(ii) further representations by the prosecutor and any such other person in the defendant’s absence; but

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

(8) The court may only determine the application if satisfied that it has been able to take adequate account of—

(a) such rights of confidentiality as apply to the material; and

(b) the defendant’s right to a fair trial.

(9) Unless the court otherwise directs, the court officer—

(a) must not give notice to anyone other than the prosecutor—

(i) of the hearing of an application under this rule, unless the prosecutor served the application on that person, or

(ii) of the court’s decision on the application;

(b) may—

(i) keep a written application or representations, or

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

[Note. The court’s power to order that it is not in the public interest to disclose material is provided for by sections 3(6), 7(6) (where the investigation began between 1st April, 1997 and 3rd April, 2005) and 7A(8) (where the investigation began on or after 4th April, 2005) of the Criminal Procedure and Investigations Act 1996³³².

Defence disclosure

22.4

(1) This rule applies where—

(a) under section 5 or 6 of the Criminal Procedure and Investigations Act 1996³³⁴, the defendant gives a defence statement;

(b) under section 6C of the 1996 Act³³⁵, the defendant gives a defence witness notice.

(2) The defendant must serve such a statement or notice on—

(a) the court officer; and

(b) the prosecutor.

[Note. The Practice Direction sets out forms of—

(a) defence statement; and

(b) defence witness notice.

Defendant’s application for prosecution disclosure

22.5

(1) This rule applies where the defendant—

(a) has served a defence statement given under the Criminal Procedure and Investigations Act 1996; and

(b) wants the court to require the prosecutor to disclose material.

(2) The defendant must serve an application on—

(a) the court officer; and

(b) the prosecutor.

(3) The application must—

(a) describe the material that the defendant wants the prosecutor to disclose;

(b) explain why the defendant thinks there is reasonable cause to believe that—

(i) the prosecutor has that material, and

(ii) it is material that the Criminal Procedure and Investigations Act 1996 requires the prosecutor to disclose; and

(4) The court may determine an application under this rule—

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

(b) without a hearing.

(5) The court must not require the prosecutor to disclose material unless the prosecutor—

(a) is present; or

(b) has had at least 14 days in which to make representations.

[Note. The Practice Direction sets out a form of application for use in connection with this rule.

Review of public interest ruling

22.6

(1) This rule applies where the court has ordered that it is not in the public interest to disclose material that the prosecutor otherwise would have to disclose, and—

(a) the defendant wants the court to review that decision; or

(b) the Crown Court reviews that decision on its own initiative.

(2) Where the defendant wants the court to review that decision, the defendant must—

(a) serve an application on—

(i) the court officer, and

(ii) the prosecutor; and

(b) in the application—

(i) describe the material that the defendant wants the prosecutor to disclose, and

(ii) explain why the defendant thinks it is no longer in the public interest for the prosecutor not to disclose it.

(3) The prosecutor must serve any such application on any person who the prosecutor thinks would be directly affected if that material were disclosed.

(4) The prosecutor, and any such person, must serve any representations on—

(a) the court officer; and

(b) the defendant, unless to do so would in effect reveal something that either thinks ought not be disclosed.

(5) The court may direct—

(a) the prosecutor to serve any such application on any person who the court considers would be directly affected if that material were disclosed;

(b) the prosecutor and any such person to serve any representations on the defendant.

(6) The court must review a decision to which this rule applies at a hearing which—

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The Criminal Procedure Rules 2012

Exercise of court’s powers to which this Part applies

16.2

Court’s power to vary requirements under this Part

16.3

SECTION 2: REPORTING AND ACCESS RESTRICTIONS

Reporting and access restrictions

16.4

Varying or removing restrictions

16.5

Trial in private

16.6

Representations in response

16.7

Order about restriction or trial in private

16.8

SECTION 3: SOUND RECORDING AND ELECTRONIC COMMUNICATION

Sound recording and electronic communication

16.9

Forfeiture of unauthorised sound recording

16.10

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

Bail pending removal to Republic of Ireland

17.6

Delivery of warrant issued in Republic of Ireland

17.7

Verification of warrant etc. issued in Republic of Ireland

17.8

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

17.9

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

17.10

Forms for proceedings for removal to Republic of Ireland

17.11

PART 18 — WARRANTS FOR ARREST, DETENTION OR IMPRISONMENT

When this Part applies

18.1

Terms of a warrant for arrest

18.2

Terms of a warrant for detention or imprisonment

18.3

Information to be included in a warrant

18.4

Execution of a warrant

18.5

Warrants that cease to have effect on payment

18.6

Warrant issued when the court office is closed

18.7

PART 19 — BAIL AND CUSTODY TIME LIMITS

SECTION 1: GENERAL RULES

When this Part applies

19.1

Exercise of court’s powers to which this Part applies

19.2

Duty of justices’ legal adviser

19.3

General duties of court officer

19.4

SECTION 2: BAIL

Prosecutor’s representations about bail

19.5

Reconsideration of police bail by magistrates’ court

19.6

Notice of application to consider bail

19.7

Defendant’s application or appeal to the Crown Court after magistrates’ court bail decision

19.8

Prosecutor’s appeal against grant of bail

19.9