Legalize / United Kingdom / Statutory-Instrument

The Criminal Procedure Rules 2012

Type Statutory-Instrument

Publication 2012-07-02

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Reform history JSON API

(r) article 17 of The Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with an order under section 19A of the 1985 Act (see rule 76.9); or

(s) article 18 of The Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with an order under section 19B of the 1985 Act (see rule 76.10).

Costs orders: general rules

76.2

(1) The court must not make an order about costs 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.

(2) The court may make an order about costs—

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

(b) without a hearing.

(3) In deciding what order, if any, to make about costs, the court must have regard to all the circumstances, including—

(a) the conduct of all the parties; and

(b) any costs order already made.

(4) If the court makes an order about costs, it must—

(a) specify who must, or must not, pay what, to whom; and

(b) identify the legislation under which the order is made, where there is a choice of powers.

(5) The court must give reasons if it—

(a) refuses an application for a costs order; or

(b) rejects representations opposing a costs order.

(6) If the court makes an order for the payment of costs—

(a) the general rule is that it will be for an amount that is sufficient reasonably to compensate the recipient for costs—

(i) actually, reasonably and properly incurred, and

(ii) reasonable in amount; but

(b) the court may order the payment of—

(i) a proportion of that amount,

(ii) a stated amount less than that amount,

(iii) costs from or until a certain date only,

(iv) costs relating only to particular steps taken, or

(v) costs relating only to a distinct part of the case.

(7) On an assessment of the amount of costs, relevant factors include—

(a) the conduct of all the parties;

(b) the particular complexity of the matter or the difficulty or novelty of the questions raised;

(d) the time spent on the case;

(e) the place where and the circumstances in which work or any part of it was done; and

(f) any direction or observations by the court that made the costs order.

(8) If the court orders a party to pay costs to be assessed under rule 76.11, it may order that party to pay an amount on account.

(9) An order for the payment of costs takes effect when the amount is assessed, unless the court exercises any power it has to order otherwise.

[Note. Under the powers to which apply rule 76.8 (costs resulting from unnecessary or improper act, etc.) and rule 76.9 (costs against a legal representative), specified conduct must be established for such orders to be made.

Court’s power to vary requirements under Sections 2, 3 and 4

76.3

(1) The court may—

(a) extend a time limit for serving an application or representations under section 2, 3 or 4 of this Part, even after it has expired; and

(b) consider an application or representations—

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

(ii) made orally instead of in writing.

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

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

(b) explain the delay.

SECTION 2: COSTS OUT OF CENTRAL FUNDS

Costs out of central funds

76.4

(1) This rule applies where the court can order the payment of costs out of central funds.

(2) In this rule, costs—

(a) include—

(i) on an appeal, costs incurred in the court that made the decision under appeal, and

(ii) at a retrial, costs incurred at the initial trial and on any appeal; but

(b) do not include costs funded by the Legal Services Commission.

(3) The court may make an order—

(a) on application by the person who incurred the costs; or

(b) on its own initiative.

(4) Where a person wants the court to make an order that person must—

(a) apply as soon as practicable; and

(b) outline the type of costs and the amount claimed, if that person wants the court to direct an assessment; or

(5) The general rule is that the court will make an order, but—

(a) the court may decline to make a defendant’s costs order if, for example—

(i) the defendant is convicted of at least one offence, or

(ii) the defendant’s conduct led the prosecutor reasonably to think the prosecution case stronger than it was; and

(b) the court may decline to make a prosecutor’s costs order if, for example, the prosecution was started or continued unreasonably.

(6) If the court makes an order—

(a) it may direct an assessment under, as applicable—

(i) regulations 4 to 12 of The Costs in Criminal Cases (General) Regulations 1986[^f00858], or

(ii) articles 21 to 28 of The Serious Crime Act 2007 (Appeals under Section 24) Order 2008[^f00859];

(b) it may assess the amount itself, if the recipient agrees;

(c) it must assess the amount itself, in a case in which it decides not to allow an amount that is reasonably sufficient to compensate the recipient for expenses properly incurred in the proceedings.

[Note. See also rule 76.2.

SECTION 3: PAYMENT OF COSTS BY ONE PARTY TO ANOTHER

Costs on conviction and sentence

76.5

(1) This rule applies where the court can order a defendant to pay the prosecutor’s costs if the defendant is—

(a) convicted or found guilty;

(b) dealt with in the Crown Court after committal for sentence there; or

(2) The court may make an order—

(a) on application by the prosecutor; or

(b) on its own initiative.

(3) Where the prosecutor wants the court to make an order—

(a) the prosecutor must—

(i) apply as soon as practicable, and

(ii) specify the amount claimed; and

(b) the general rule is that the court will make an order if it is satisfied that the defendant can pay; but

(4) A defendant who wants to oppose an order must make representations as soon as practicable.

(5) If the court makes an order, it must assess the amount itself.

[Note. See—

(a) rule 76.2; and

(b) section 18 of the Prosecution of Offences Act 1985[^f00861]and regulation 14 of The Costs in Criminal Cases (General) Regulations 1986.

Costs on appeal

76.6

(1) This rule—

(a) applies where a magistrates’ court, the Crown Court or the Court of Appeal can order a party to pay another person’s costs on an appeal, or an application for permission to appeal;

(b) authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs on an appeal to that court, except on an appeal under—

(i) section 108 of the Magistrates’ Courts Act 1980[^f00862], or

(ii) section 45 of the Mental Health Act 1983[^f00863].

(2) In this rule, costs include—

(a) costs incurred in the court that made the decision under appeal; and

(b) costs funded by the Legal Services Commission.

(3) The court may make an order—

(a) on application by the person who incurred the costs; or

(b) on its own initiative.

(4) A person who wants the court to make an order must—

(a) apply as soon as practicable;

(b) notify each other party;

(i) the amount claimed, and

(ii) against whom; and

(d) where an appellant abandons an appeal to the Crown Court by serving a notice of abandonment—

(i) apply in writing not more than 14 days later, and

(ii) serve the application on the appellant and on the Crown Court officer.

(5) A party who wants to oppose an order must—

(a) make representations as soon as practicable; and

(b) where the application was under paragraph (4)(d), serve written representations on the applicant, and on the Crown Court officer, not more than 7 days after it was served.

(6) Where the application was under paragraph (4)(d), the Crown Court officer may—

(a) submit it to the Crown Court; or

(b) serve it on the magistrates’ court officer, for submission to the magistrates’ court.

(7) If the court makes an order, it may direct an assessment under rule 76.11, or assess the amount itself where—

(a) the appellant abandons an appeal to the Crown Court;

(b) the Crown Court decides an appeal, except an appeal under—

(i) section 108 of the Magistrates’ Courts Act 1980, or

(ii) section 45 of the Mental Health Act 1983; or

(c) the Court of Appeal decides an appeal to which Part 69 applies (appeal to the Court of Appeal regarding reporting or public access restriction).

(8) If the court makes an order in any other case, it must assess the amount itself.

[Note. See also rule 76.2.

Costs on an application

76.7

(1) This rule applies where the court can order a party to pay another person’s costs in a case in which—

(a) the court decides an application for the production in evidence of a copy of a bank record;

(b) a magistrates’ court or the Crown Court decides an application to terminate—

(i) a football banning order, or

(ii) a disqualification for having custody of a dog; or

(2) The court may make an order—

(a) on application by the person who incurred the costs; or

(b) on its own initiative.

(3) A person who wants the court to make an order must—

(a) apply as soon as practicable;

(b) notify each other party; and

(i) the amount claimed, and

(ii) against whom.

(4) A party who wants to oppose an order must make representations as soon as practicable.

(5) If the court makes an order, it may direct an assessment under rule 76.11, or assess the amount itself.

[Note. See—

(a) rule 76.2;

(b) section 8 of the Bankers Books Evidence Act 1879[^f00868];

(d) section 2C(8) of the Criminal Procedure (Attendance of Witnesses) Act 1965[^f00870]; and

(e) section 4(7) of the Dangerous Dogs Act 1991[^f00871].]

Costs resulting from unnecessary or improper act, etc.

76.8

(1) This rule applies where the court can order a party to pay another party’s costs incurred as a result of an unnecessary or improper act or omission by or on behalf of the first party.

(2) In this rule, costs include costs funded by the Legal Services Commission.

(3) The court may make an order—

(a) on application by the party who incurred such costs; or

(b) on its own initiative.

(4) A party who wants the court to make an order 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 (or, in the Court of Appeal, the Registrar), and

(ii) each other party;

(i) the party by whom costs should be paid,

(ii) the relevant act or omission,

(iii) the reasons why that act or omission meets the criteria for making an order,

(iv) the amount claimed, and

(v) those on whom the application has been served.

(5) Where the court considers making an order on its own initiative, it must—

(a) identify the party against whom it proposes making the order; and

(b) specify—

(i) the relevant act or omission,

(ii) the reasons why that act or omission meets the criteria for making an order, and

(iii) with the assistance of the party who incurred the costs, the amount involved.

(6) A party who wants to oppose an order must—

(a) make representations as soon as practicable; and

(b) in reply to an application, serve written representations on the applicant and on the court officer (or Registrar) not more than 7 days after it was served.

(7) If the court makes an order, it must assess the amount itself.

[Note. See—

(a) rule 76.2;

(b) section 19(1) of the Prosecution of Offences Act 1985[^f00872]and regulation 3 of The Costs in Criminal Cases (General) Regulations 1986[^f00873]; and

SECTION 4: OTHER COSTS ORDERS

Costs against a legal representative

76.9

(1) This rule applies where—

(a) a party has incurred costs—

(i) as a result of an improper, unreasonable or negligent act or omission by a legal or other representative or representative’s employee, or

(ii) which it has become unreasonable for that party to have to pay because of such an act or omission occurring after those costs were incurred; and

(b) the court can—

(i) order the representative responsible to pay such costs, or

(ii) prohibit the payment of costs to that representative.

(2) In this rule, costs include costs funded by the Legal Services Commission.

(3) The court may make an order—

(a) on application by the party who incurred such costs; or

(b) on its own initiative.

(4) A party who wants the court to make an order 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 (or, in the Court of Appeal, the Registrar),

(ii) the representative responsible,

(iii) each other party, and

(iv) any other person directly affected;

(i) the representative responsible,

(ii) the relevant act or omission,

(iii) the reasons why that act or omission meets the criteria for making an order,

(iv) the amount claimed, and

(v) those on whom the application has been served.

(5) Where the court considers making an order on its own initiative, it must—

(a) identify the representative against whom it proposes making that order; and

(b) specify—

(i) the relevant act or omission,

(ii) the reasons why that act or omission meets the criteria for making an order, and

(iii) with the assistance of the party who incurred the costs, the amount involved.

(6) A representative who wants to oppose an order must—

(a) make representations as soon as practicable; and

(b) in reply to an application, serve written representations on the applicant and on the court officer (or Registrar) not more than 7 days after it was served.

(7) If the court makes an order—

(a) the general rule is that it will do so without waiting until the end of the case, but it may postpone making the order; and

(b) it must assess the amount itself.

(8) Instead of making an order, the court may make adverse observations about the representative’s conduct for use in an assessment where—

(a) a party’s costs are—

(i) funded by the Legal Services Commission, or

(ii) to be paid out of central funds; or

(b) there is to be an assessment under rule 76.11.

[Note. See—

(a) rule 76.2;

(b) section 19A of the Prosecution of Offences Act 1985[^f00875];

(d) article 27 of The Criminal Defence Service (Funding) Order 2007[^f00877].

Costs against a third party

76.10

(1) This rule applies where—

(a) there has been serious misconduct by a person who is not a party; and

(b) the court can order that person to pay a party’s costs.

(2) In this rule, costs include costs funded by the Legal Services Commission.

(3) The court may make an order—

(a) on application by the party who incurred the costs; or

(b) on its own initiative.

(4) A party who wants the court to make an order 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 (or, in the Court of Appeal, the Registrar),

(ii) the person responsible,

(iii) each other party, and

(iv) any other person directly affected;

(i) the person responsible,

(ii) the relevant misconduct,

(iii) the reasons why the criteria for making an order are met,

(iv) the amount claimed, and

(v) those on whom the application has been served.

(5) Where the court considers making an order on its own initiative, it must—

(a) identify the person against whom it proposes making that order; and

(b) specify—

(i) the relevant misconduct,

(ii) the reasons why the criteria for making an order are met, and

(iii) with the assistance of the party who incurred the costs, the amount involved.

(6) A person who wants to oppose an order must—

(a) make representations as soon as practicable; and

(b) in reply to an application, serve written representations on the applicant and on the court officer (or Registrar) not more than 7 days after it was served.

(7) If the court makes an order—

(a) the general rule is that it will do so at the end of the case, but it may do so earlier; and

(b) it must assess the amount itself.

[Note. See—

(a) rule 76.2;

(b) section 19B of the Prosecution of Offences Act 1985 and regulation 3F of The Costs in Criminal Cases (General) Regulations 1986; and

SECTION 5: ASSESSMENT OF COSTS

Assessment and re-assessment

76.11

(1) This rule applies where the court directs an assessment under—

(a) rule 61.20 (Proceeds of Crime Act 2002 – rules applicable to restraint and receivership proceedings, assessment of costs);

(b) rule 76.6 (costs on appeal); or

(2) The assessment must be carried out by the relevant assessing authority, namely—

(a) the court officer, where the direction was given by a magistrates’ court or by the Crown Court; or

(b) the Registrar of Criminal Appeals, where the direction was given by the Court of Appeal.

(3) The party in whose favour the court made the costs order (‘the applicant’) must—

(a) apply for an assessment—

(i) in writing, in any form required by the assessing authority, and

(ii) not more than 3 months after the costs order; and

(b) serve the application on—

(i) the assessing authority, and

(ii) the party against whom the court made the costs order (‘the respondent’).

(4) The applicant must—

(a) summarise the work done;

(b) specify—

(i) each item of work done, giving the date, time taken and amount claimed,

(ii) any disbursements or expenses, including the fees of any advocate, and

(iii) any circumstances of which the applicant wants the assessing authority to take particular account; and

(i) receipts or other evidence of the amount claimed, and

(ii) any other information or document for which the assessing authority asks, within such period as that authority may require.

(5) A respondent who wants to make representations about the amount claimed must—

(a) do so in writing; and

(b) serve the representations on the assessing authority, and on the applicant, not more than 21 days after service of the application.

(6) The assessing authority must—

(a) if it seems likely to help with the assessment, obtain any other information or document;

(b) resolve in favour of the respondent any doubt about what should be allowed; and

(7) Where either party wants the amount allowed re-assessed—

(a) that party must—

(i) apply to the assessing authority, in writing and in any form required by that authority,

(ii) serve the application on the assessing authority, and on the other party, not more than 21 days after service of the assessment,

(iii) explain the objections to the assessment,

(iv) supply any additional supporting information or document, and

(v) ask for a hearing, if that party wants one; and

(b) a party who wants to make representations about an application for re-assessment must—

(i) do so in writing,

(ii) serve the representations on the assessing authority, and on the other party, not more than 21 days after service of the application, and

(iii) ask for a hearing, if that party wants one;

(i) must arrange a hearing, in public or in private, if either party asks for one,

(ii) subject to that, may re-assess the amount allowed with or without a hearing,

(iii) must re-assess the amount allowed on the initial assessment, taking into account the reasons for disagreement with that amount and any other representations,

(iv) may maintain, increase or decrease the amount allowed on the assessment,

(v) must serve the re-assessment on the parties, and

(vi) must serve written reasons on the parties, if not more than 21 days later either party asks for such reasons.

(8) A time limit under this rule may be extended even after it has expired—

(a) by the assessing authority, or

(b) by the Senior Costs Judge, if the assessing authority declines to do so.

Appeal to a costs judge

76.12

(1) This rule applies where—

(a) the assessing authority has re-assessed the amount allowed under rule 76.11; and

(b) either party wants to appeal against that amount.

(2) That party must—

(a) serve an appeal notice on—

(i) the Senior Costs Judge,

(ii) the other party, and

(iii) the assessing authority

not more than 21 days after service of the written reasons for the re-assessment;

(b) explain the objections to the re-assessment;

(i) the applications for assessment and re-assessment,

(ii) any other information or document considered by the assessing authority,

(iii) the assessing authority’s written reasons for the re-assessment, and

(iv) any other information or document for which a costs judge asks, within such period as the judge may require; and

(d) ask for a hearing, if that party wants one.

(3) A party who wants to make representations about an appeal must—

(a) serve representations in writing on—

(i) the Senior Costs Judge, and

(ii) the applicant

not more than 21 days after service of the appeal notice; and

(b) ask for a hearing, if that party wants one.

(4) Unless a costs judge otherwise directs, the parties may rely only on—

(a) the objections to the amount allowed on the initial assessment; and

(b) any other representations and material considered by the assessing authority.

(5) A costs judge—

(a) must arrange a hearing, in public or in private, if either party asks for one;

(b) subject to that, may determine an appeal with or without a hearing;

(i) consult the assessing authority,

(ii) consult the court which made the costs order, and

(iii) obtain any other information or document;

(d) must reconsider the amount allowed by the assessing authority, taking into account the objections to the re-assessment and any other representations;

(e) may maintain, increase or decrease the amount allowed on the re-assessment;

(f) may provide for the costs incurred by either party to the appeal; and

(g) must serve reasons for the decision on—

(i) the parties, and

(ii) the assessing authority.

(6) A costs judge may extend a time limit under this rule, even after it has expired.

[Note. The Criminal Costs Practice Direction sets out a form for use in connection with this rule.]

Appeal to a High Court judge

76.13

(1) This rule applies where—

(a) a costs judge has determined an appeal under rule 76.12; and

(b) either party wants to appeal against the amount allowed.

(2) A party who wants to appeal—

(a) may do so only if a costs judge certifies that a point of principle of general importance was involved in the decision on the review; and

(b) must apply in writing for such a certificate and serve the application on—

(i) the costs judge,

(ii) the other party

not more than 21 days after service of the decision on the review.

(3) That party must—

(a) appeal to a judge of the High Court attached to the Queen’s Bench Division as if it were an appeal from the decision of a master under Part 52 of the Civil Procedure Rules 1998[^f00878]; and

(b) serve the appeal not more than 21 days after service of the costs judge’s certificate under paragraph (2).

(4) A High Court judge—

(a) may extend a time limit under this rule even after it has expired;

(b) has the same powers and duties as a costs judge under rule 76.12; and

[Note. See also section 70 of the Senior Courts Act 1981[^f00879].]

Application for an extension of time under Section 5

76.14

A party who wants an extension of time under rule 76.11, 76.12 or 76.13 must—

(a) apply in writing;

(b) explain the delay; and

Expression	Meaning
account monitoring order	an order requiring certain types of financial institution to provide certain information held by them relating to a customer for the purposes of an investigation;
action plan order	a type of community sentence requiring a child or young person to comply with a three month plan relating to his actions and whereabouts and to comply with the directions of a responsible officer (e.g. probation officer);
admissible evidence	evidence allowed in proceedings (not all evidence introduced by the parties may be allowable in court);
adduce	to introduce (in evidence);
adjourn	to suspend or delay the hearing of a case;
affidavit	a written, sworn statement of evidence;
affirmation	a non-religious alternative to the oath sworn by someone about to give evidence in court or swearing a statement;
appellant	person who is appealing against a decision of the court;
arraign	to put charges to the defendant in open court in the Crown Court;
arraignment	the formal process of putting charges to the defendant in the Crown Court which consists of three parts: (1) calling him to the bar by name, (2) putting the charges to him by reading from the indictment and (3) asking him whether he pleads guilty or not guilty;
authorities	judicial decisions or opinions of authors of repute used as grounds of statements of law;
bill of indictment	a written accusation of a crime against one or more persons – a criminal trial in the Crown Court cannot start without a valid indictment;
case stated	an appeal to the High Court against the decision of a magistrates court on the basis that the decision was wrong in law or in excess of the magistrates’ jurisdiction;
in chambers	non-trial hearing in private;
committal	sending someone to a court (usually from a magistrates’ court to the Crown court) or to prison;
committal for sentence	procedure whereby a person convicted in a magistrates’ court is sent to the Crown Court for sentencing when the sentencing powers of the magistrates’ court are not considered sufficient;
committal proceedings	preliminary hearing in a magistrates’ court before a case is sent to be tried before a jury in the Crown Court;
compellable witness	a witness who can be forced to give evidence against an accused (not all witnesses are compellable);
compensation order	an order that a convicted person must pay compensation for loss or damage caused by the convicted person;
complainant	a person who makes a formal complaint. In relation to an offence of rape or other sexual offences the complainant is the person against whom the offence is alleged to have been committed;
conditional discharge	an order which does not impose any immediate punishment on a person convicted of an offence, subject to the condition that he does not commit an offence in a specified period;
confiscation order	an order that private property be taken into possession by the state;
Convention right	a right under the European Convention on Human Rights;
costs	the expenses involved in a court case, including the fees of the solicitors and barristers and of the court;
counsel	a barrister;
cross examination	questioning of a witness by a party other than the party who called the witness;
custody time limit	the maximum period, as set down in statute, for which a person may be kept in custody before being brought to trial – these maximum periods may only be extended by an order of the judge;
customer information order	an order requiring a financial institution to provide certain information held by them relating to a customer for the purposes of an investigation into the proceeds of crime;
declaration of incompatibility	a declaration by a court that a piece of UK legislation is incompatible with the provisions of the European Convention on Human Rights;
deferred sentence	a sentence which is determined after a delay to allow the court to assess any change in the person’s conduct or circumstances after his or her conviction;
deposition	written record of a witness’ written evidence;
distress warrant	court order giving the power to seize goods from a debtor to pay his debts;
estreatment (of recognizance)	forfeiture;
examining justice	a magistrate carrying out his or her function of checking that a case appears on the face of the prosecution case papers to exist against an accused before the case is put forward for trial in the Crown Court – see committal and sending for trial;
exhibit	a document or thing presented as evidence in court;
forfeiture by peaceable re-entry	the re-possession by a landlord of premises occupied by tenants;
guardianship order	an order appointing someone to take charge of a child’s affairs and property;
hearsay evidence	oral or written statements made by someone who is not a witness in the case but which the court is asked to accept as proving what they say. This expression is defined further by rule 34.1 for the purposes of Part 34, and by rule 57.1 for the purposes of Parts 57 - 61;
hospital order	an order that an offender be admitted to and detained in a specified hospital;
indictment	the document containing the formal charges against a defendant – a trial in the Crown Court cannot start without this;
informant	someone who lays an information;
information	statement by which a magistrate is informed of the offence for which a summons or warrant is required – the procedure by which this statement is brought to the magistrates’ attention is known as laying an information;
intermediary	a person who asks a witness (particularly a child) questions posed by the cross-examining legal representative;
justice of the peace	a magistrate, either a lay justice, or a District Judge (Magistrates’ Courts);
justices’ clerk	post in the magistrates’ court of person who has various powers and duties in a magistrates’ court, including giving advice to the magistrates on law and procedure;
leave of the court	permission granted by the court;
leave to appeal	permission granted to appeal the decision of a court;
letter of request	letter issued to a foreign court asking a judge to take the evidence of some person within that court’s jurisdiction;
to levy distress	to seize property from a debtor or a wrongdoer;
local justice area	an area established for the purposes of the administration of magistrates’ courts;
mandatory order	order from the Divisional Court of the Queen’s Bench Division ordering a body (such as a magistrates’ court) to do something (such as rehear a case);
nominated court	a court nominated to take evidence pursuant to a request by a foreign court;
notice of transfer	procedure used in cases of serious and complex fraud, and in certain cases involving child witnesses, whereby the prosecution can, without seeking judicial approval, have the case sent direct to the Crown Court without the need to have the accused committed for trial;
offence triable either way	an offence which may be tried either in the magistrates’ court or in the Crown Court;
in open court	in a courtroom which is open to the public;
order restricting discharge	an order restricting the discharge from hospital of patients who have been sent there for psychiatric treatment;
parenting order	an order which can be made in certain circumstances where a child has been convicted of an offence which may require parents of the offender to comply with certain requirements including attendance of counselling or guidance sessions;
party	a person or organisation directly involved in a criminal case, either as prosecutor or defendant
prefer, preferment	to bring or lay a charge or indictment;
preparatory hearing	a hearing forming part of the trial sometimes used in long and complex cases to settle various issues without requiring the jury to attend;
realisable property	property which can be sold for money.
receiver	a person appointed with certain powers in respect of the property and affairs of a person who has obtained such property in the course of criminal conduct and who has been convicted of an offence – there are various types or receiver (management receiver, director’s receiver, enforcement receiver);
receivership order	an order that a person’s assets be put into the hands of an official with certain powers and duties to deal with that property;
recognizance	formal undertaking to pay the crown a specified sum if an accused fails to surrender to custody;
register	the formal records kept by a magistrates’ court;
to remand	to send a person away when a case is adjourned until another date – the person may be remanded on bail (when he can leave, subject to conditions) or in custody;
reparation order	an order made against a child or young person who has been convicted of an offence, requiring him or her to make specific reparations to the victim or to the community at large;
representation order	an order authorising payment of legal aid for a defendant;
requisition	a document issued under section 29 of the Criminal Justice Act 2003, requiring a person to appear before a magistrates’ court to answer a written charge;
respondent	the other party (to the appellant) in a case which is the subject of an appeal;
restraint order	an order prohibiting a person from dealing with any realisable property held by him;
seal	a formal mark which the court puts on a document to indicate that the document has been issued by the court;
security	money deposited to ensure that the defendant attends court;
sending for trial	procedure whereby indictable offences are transferred to the Crown Court without the need for a committal hearing in the magistrates’ court;
skeleton argument	a document prepared by a party or their legal representative, setting out the basis of the party’s argument, including any arguments based on law – the court may require such documents to be served on the court and on the other party prior to a trial;
special measures	measures which can be put in place to provide protection and/or anonymity to a witness (e.g. a screen separating witness from the accused);
statutory declaration	a declaration made before a Commissioner for Oaths in a prescribed form;
to stay	to halt proceedings, apart from taking any steps allowed by the Rules or the terms of the stay - proceedings may be continued if a stay is lifted;
summons	a document signed by a magistrate after an information is laid before a him which sets out the basis of the accusation against the accused and the time and place when he must appear;
surety	a person who guarantees that a defendant will attend court;
suspended sentence	sentence which takes effect only if the offender commits another offence punishable with imprisonment within the specified period;
supervision order	an order placing a person who has been given a suspended sentence under the supervision of a local officer;
tainted acquittal	an acquittal affected by interference with a witness or a juror;
taxing authority	a body which assesses costs;
territorial authority	the UK authority which has power to do certain things in connection with co-operation with other countries and international organisations in relation to the collection of or hearing of evidence etc;
transfer direction (mental health)	a direction that a person who is serving a sentence of imprisonment who is suffering from a mental disorder be transferred to a hospital and be detained there for treatment;
warrant of arrest	court order to arrest a person;
warrant of commitment	court order sending someone to prison;
warrant of detention	a court order authorising someone’s detention;
wasted costs order	an order that a barrister or solicitor is not to be paid fees that they would normally be paid by the Legal Services Commission;
witness	a person who gives evidence, either by way of a written statement or orally in court;
witness summons	a document served on a witness requiring him or her to attend court to give evidence;
written charge	a document, issued by a public prosecutor under section 29 of the Criminal Justice Act 2003, which institutes criminal proceedings by charging a person with an offence;
youth court	magistrates’ courts exercising jurisdiction over offences committed by, and other matters related to, children and young persons.

Signed

Judge, C.J. — Hooper, L.J. — Thomas, P. — Openshaw, J. — Charles Wide — Anna Guggenheim — Stephen Earl — Nicholas Moss — Richard Chown — Tessa Szagun — Keir Starmer — Patrick Gibbs — Nathaniel Rudolf — Michael Caplan — Paul Harris — James Barker-McCardle — Jeremy Corbett — James Riches

I allow these Rules, which shall come into force on 1st October 2012.

Kenneth Clarke — Lord Chancellor — 2nd July 2012

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

The Criminal Procedure Rules 2012 consolidate the Criminal Procedure Rules 2011, S.I. 2011/1709, with the amendments made by S.I. 2011/3075. The new Rules incorporate the further amendments listed beneath. Otherwise, they reproduce the rules that they supersede.

*Rule*	*Amendment*

Part 2	Rule 2.1(3) is amended, to provide for the transition to these new rules. The rule that provided for the glossary is omitted and replaced by a note to rule 2.2. What was rule 2.5 (Representatives) is renumbered rule 2.4. The table of contents is amended correspondingly.

Part 4	Rules 4.4(1), 4.5, 4.6, 4.7(2)(f) and 4.10(2)(c) are amended to clarify the requirements for service to be effective and to make consequential amendments. The table of contents is amended correspondingly.

Part 6	Rule 6.1 is amended to describe more comprehensively the applications to which Part 6 applies. Rule 6.3 is amended to allow the court to determine an application without a hearing, subject to exceptions; and to require of the applicant a declaration of truth. Rule 6.5 is amended to require service on the court officer of documents used in an application made when the court office is closed. Rules 6.27 and 6.28 are added, to provide for local authority applications to magistrates’ courts for orders approving the authorisation of certain investigatory measures. Rules 6.2, 6.14(2)(c) and 6.16 are amended consequentially. The table of contents is amended correspondingly.

Part 9	Rule 9.3 is amended to clarify the details a court must specify when sending a defendant for Crown Court trial. Rule 9.7 is amended to clarify the effect of a defendant’s indication of intended plea on being sent for Crown Court trial under that rule.

Part 10	Rule 10.5(1) is amended to incorporate a reference to business days as defined in rule 2.2.

Part 16	Rule 16.5 is amended to provide for appeals to the Crown Court about restrictions on reporting allegations against teachers. Rules 16.2(2) and 16.7(1) are amended consequentially.

Part 18	Rules 18.2, 18.3(1)(a) and 18.4(1)(a) are amended to improve the consistency of expression within those rules. Rule 18.4(2)(a) is amended to bring up to date the cross-references it contains.

Part 19	The Part is replaced.

Part 20	The Part is omitted.

Part 27	Rule 27.4(1) is amended to allow for the service of an authenticated copy witness statement.

Part 34	Rule 34.2(1) is amended to require notice of an intention to introduce hearsay evidence under section 117(1)(c) of the Criminal Justice Act 2003 (evidence in a statement prepared for the purposes of criminal proceedings). Rule 34.3(2)(d) is amended to clarify the requirement to explain an objection to hearsay evidence.

Part 37	Rules 37.4 and 37.5 are amended to provide separately for the introduction of oral evidence and all types of written hearsay evidence, respectively. The table of contents is amended correspondingly.

Part 41	Rule 41.5(1), (2) is amended in consequence of the new rules in Part 19. Rules 41.11(4) and 41.12(1) are amended to omit the requirement for applications under those rules to be in a prescribed form.

Part 42	Rule 42.2 is amended to provide for suspended sentence orders under which no additional requirements are imposed; to provide for notification of the person concerned where the court imposes a requirement for the protection of that person; and to make consequential amendments. The table of contents is amended correspondingly.

Part 50	Rule 50.2(3)(b) is amended to clarify the circumstances in which a court is required to explain why a parenting order has not been made.

Part 52	Rule 52.7(1)(a) is amended to improve the consistency of expression within that rule.

Part 57	Rule 57.9 is amended to correct the paragraphing and improve the consistency of expression within that rule. What was rule 57.11(4) is renumbered rule 57.11(2) in consequence of the omission by S.I. 2011/3075 of what was rule 57.11(2), (3), and what were rules 57.13, 57.14 and 57.15 are renumbered 57.12, 57.13 and 57.14 respectively, in consequence of the omission by S.I. 2011/3075 of what was rule 57.12. The table of contents is amended correspondingly.

Part 58	What was rule 58.12(4) is renumbered 58.12(2) in consequence of the omission by S.I. 2011/3075 of what was rule 58.12(2), (3).

Part 63	Rule 63.1(d) is amended to provide for appeals to the Crown Court against parenting orders. Rules 63.2 and 63.4 are amended to provide for applications to suspend disqualifications pending appeal.

Part 64	The Part is replaced.

Amendments to notes to rules. The notes at the end of Part 3 and at the beginning of Part 10, and the notes to rules 2.4, 5.8, 6.1, 6.6, 6.14, 6.15, 6.16, 6.17, 6.18, 6.19, 8.1, 16.1, 16.5, 18.3, 18.4, 27.4, 33.6, 34.2, 36.2, 37.5, 42.2, 50.2, 55.2, 63.1 and 63.2, all are amended to bring up to date the cross-references they contain.

These Rules come into force on 1st October 2012.

Footnotes

[^f00001]: S.I. 2011/1709; amended by S.I. 2011/3075.

[^f00002]: 2003 c. 39; section 69 was amended by sections 15(1) and 146 of, and paragraphs 308 and 332 of Schedule 4 and Part 2 of Schedule 18 to, the Constitutional Reform Act 2005 (c. 4).

[^f00003]: 2000 c. 11; paragraph 10 of Schedule 5 was amended by section 109(1) of, and paragraph 389 of Schedule 8 to, the Courts Act 2003 (c. 39) and it is further amended by section 65 of, and paragraph 9 of Schedule 4 to, the Courts Act 2003 (c. 39), with effect from a date to be appointed. Paragraph 4 of Schedule 6 was amended by section 109(1) of, and paragraph 390 of Schedule 8 to, the Courts Act 2003 (c. 39). Schedule 6A was inserted by section 3 of, and paragraph 1(1) and (3) of Part 1 of Schedule 2 to, the Anti-terrorism, Crime and Security Act 2001 (c. 24).

[^f00004]: 2002 c. 29.

[^f00005]: 1981 c. 54; section 74(3) was amended by article 3 of, and paragraphs 11 and 12(c) of the Schedule to, S.I. 2004/2035. The Act’s title was amended by section 59(5) of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).

[^f00006]: 1996 c. 25; paragraph 4 of Schedule 2 was amended by section 109(1) of, and paragraph 380 of Schedule 8 to, the Courts Act 2003 (c. 39). Schedule 2 is repealed by paragraph 66 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed.

[^f00007]: 1976 c. 63; section 5B(9) was inserted by section 30 of the Criminal Justice and Public Order Act 1994 (c. 33) and amended by paragraph 183 of Schedule 8 to the Courts Act 2003 (c. 39).

[^f00008]: 1977 c. 45; section 48 was amended by paragraph 190 of Schedule 8 to the Courts Act 2003 (c. 39).

[^f00009]: 1984 c. 60; section 81 was amended by paragraph 286 of Schedule 8 to, the Courts Act 2003 (c. 39).

[^f00010]: 1996 c. 25; section 20(3) was amended by paragraph 378 of Schedule 8 to, the Courts Act 2003 (c. 39).

[^f00011]: 2003 c. 44.

[^f00012]: 2000 c. 6; section 155(7) was amended by article 3 of, and paragraphs 39 and 43 to, S.I. 2004/2035.

[^f00013]: 2002 c. 29; section 91 was amended by section 109(1) of, and paragraph 410 of Schedule 8 to, the Courts Act 2003 (c. 39).

[^f00014]: 1996 c. 25; section 19 was amended by section 109 of, and paragraph 377 of Schedule 8 to, the Courts Act 2003 (c. 39), section 331 of, and paragraphs 20 and 34 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44) and section 15 of, and paragraph 251 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4).

[^f00015]: 1981 c. 54; section 73(2) was amended by article 3 of, and paragraphs 11 and 12(b) of the Schedule to, S.I. 2004/2035. Section 74(2) and (3) was amended by article 3 of, and paragraphs 11 and 12(c) of the Schedule to, S.I. 2004/2035.

[^f00016]: 1981 c. 54; section 87(4) was amended by articles 2 and 3 of, and paragraphs 11 and 17 of the Schedule to, S.I. 2004/2035.

[^f00017]: 1981 c. 54; section 52 was amended by section 31 of, and Part II of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23), section 4 of the Courts and Legal Services Act 1990 (c. 41), article 3 and paragraphs 11 and 12(a) of the Schedule to S.I. 2004/2035 and section 59 of, and paragraph 26 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).

[^f00018]: S.I. 2011/1709; amended by S.I. 2011/3075.

[^f00019]: 2003 c. 44; Schedule 3 was amended by sections 53 and 149 of, and paragraphs 1 to 10 of Schedule 13 and Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4) and section 378 of, and Schedule 17 to, the Armed Forces Act 2006 (c. 52). It is further amended by section 149 of, and Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4) and Schedule 23 to the Coroners and Justice Act 2009 (c. 25), with effect from a date to be appointed.

[^f00020]: S.I. 2005/384; amended by S.I. 2006/353, 2006/2636, 2007/699, 2007/2317, 2007/3662, 2008/2076, 2008/3269 and 2009/2087.

[^f00021]: S.I. 2004/2035.

[^f00022]: S.I. 2004/2066.

[^f00023]: 1996 c. 25; section 7A was inserted by section 37 of the Criminal Justice Act 2003 (c. 44).

[^f00024]: 1996 c. 25.

[^f00025]: S.I. 2011/209.

[^f00026]: 1980 c. 43; section 1 was amended by section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c.53), sections 43 and 109 of, and Schedule 10 to, the Courts Act 2003 (c. 39) and sections 31, 331 and 332 of, and Schedule 7 and paragraphs 7 and 8 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44). It is further amended by section 331 of, and paragraphs 7 and 8 of Schedule 36 to, the Criminal Justice Act (c. 44), with effect from a date to be appointed.

[^f00027]: 2003 c. 44; section 29 has been brought into force for certain purposes only (see S.I. 2007/1999, S.I. 2008/1424 and S.I. 2009/2879). It was amended by section 50 of, and paragraph 130 of Schedule 4 to, the Commissioners for Revenue and Customs Act 2005 (c. 11) and section 59 of, and paragraph 196 of Schedule 4 to, the Serious Organised Crime and Police Act 2005 (c. 15).

[^f00028]: 1980 c. 43; section 122 was amended by section 125(3) of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 1990 (c. 41).

[^f00029]: 2007 c. 29.

[^f00030]: 1925 c. 86.

[^f00031]: 1980 c. 43.

[^f00032]: 1980 c. 43; Schedule 3 was amended, in relation to proceedings begun on or after 1 April 1997, by section 47 of, and paragraph 13 of Schedule 1 to, the Criminal Procedure and Investigations Act 1996 (c. 25) and, generally, by sections 25(2) and 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991 (c. 53). It is further amended by paragraph 51 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed.

[^f00033]: 1972 c. 70; section 223 was amended by paragraph 9 of Schedule 3 to the Solicitors Act 1974 (c. 47), section 134 of, and Schedule 10 to, the Police Act 1977 (c. 50), section 84 of, and paragraph 21 of Schedule 14 to, the Local Government Act 1985 (c. 51), section 237 of, and Schedule 13 to, the Education Reform Act 1988 (c. 40), section 120 of, and paragraph 17 of Schedule 22 and Schedule 24 to, the Environment Act 1995 (c. 25), paragraph 1 of Schedule 7 to the Police Act 1996 (c. 16), paragraphs 1 and 13 of Schedule 13 to the Local Government and Public Involvement in Health Act 2007 (c. 28), section 208 of, and paragraph 28 of Schedule 21 to, the Legal Services Act 2007 (c. 29), paragraphs 10 and 24 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20), paragraphs 100 and 109 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and article 2 of, and paragraphs 1 and 2 of the Schedule to, S.I. 2001/3719.

[^f00034]: 1985 c. 23; section 19 was amended by section 166 of the Criminal Justice Act 1988 (c. 33), section 45 of, and Schedule 6 to, the Legal Aid Act 1988 (c. 34), section 7 of, and paragraph 8 of Schedule 3 to, the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), section 24 of, and paragraphs 27 and 28 of Schedule 4 to, the Access to Justice Act 1999 (c. 22), sections 40 and 67 of, and paragraph 4 of Schedule 7 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23), section 165 of, and paragraph 99 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 378 of, and paragraph 107 of Schedule 16 to, the Armed Forces Act 2006 (c. 52) and section 6 of, and paragraph 32 of Schedule 4 and paragraphs 1 and 5 of Schedule 27 to, the Criminal Justice and Immigration Act 2008 (c. 4). It is further amended by paragraphs 22 and 23 of Schedule 5, and paragraphs 1 and 5 and Part 4 of Schedule 7, to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.

[^f00035]: 1985 c. 23; section 19A was inserted by section 111 of the Courts and Legal Services Act 1990 (c. 41).

[^f00036]: 1985 c. 23; section 19B was inserted by section 93 of the Courts Act 2003 (c. 39).

[^f00037]: 1984 c. 60; section 81(1) was amended by section 109(1) of, and paragraph 286 of Schedule 8 to, the Courts Act 2003 (c.39).

[^f00038]: 1996 c. 25; section 20(3) was amended by section 109(1) of, and paragraph 378 of Schedule 8 to, the Courts Act 2003 (c.39).

[^f00039]: 1996 c. 25; section 11 was substituted by section 39 of the Criminal Justice Act 2003 (c. 44) and amended by section 60 of the Criminal Justice and Immigration Act 2008 (c. 4).

[^f00040]: 2003 c. 44.

[^f00041]: S.I. 1987/299; amended by sections 71 and 80 of, and paragraph 8 of Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25) and S.I. 1989/767, 1991/1515, 1995/555, 1999/2744, 2000/3284, 2012/1344.

[^f00042]: S.I. 1988/1691.

[^f00043]: S.I. 1992/1670, amended by S.I. 1998/461.

[^f00044]: S.I. 2011/209.

[^f00045]: S.I. 2005/902; amended by S.I. 2012/1345.

[^f00046]: 1980 c. 43; section 5 was amended by section 59 of, and paragraph 1(a) of Schedule 9 to, the Criminal Justice Act 1982 (c. 48) and is repealed by paragraph 51 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed. Section 10 was amended by section 59 of, and paragraph 1 of Schedule 9 to, the Criminal Justice Act 1982 (c.48), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53) and section 47 of the Crime and Disorder Act 1998 (c. 37). Section 18 was amended by section 59 of, and paragraph 1 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53) and section 49 of the Criminal Procedure and Investigations Act 1996 (c. 25), and is further amended by paragraphs 1 and 4 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

[^f00047]: 1980 c. 43; section 128 was amended by section 59 to, and paragraphs 2, 3 and 4 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48), section 48 of the Police and Criminal Evidence Act 1984 (c. 60), section 170(1) of, and paragraphs 65 and 69 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), section 125(3) of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 1990 (c. 41), sections 49, 52 and 80 of, and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25) and paragraph 75 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and is further amended by paragraph 51 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed. It is modified by section 91(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed. Section 129 was amended by paragraph 51 of Schedule 3 to the Criminal Justice Act 2003 (c. 44). This provision is in force for certain purposes and for remaining purposes will take effect from a date to be appointed.

[^f00048]: 1996 c. 25.

[^f00049]: 1996 c. 25; Schedule 2 was amended by section 109(1) of, and paragraph 380 of Schedule 8 to, the Courts Act 2003 (c. 39). It is repealed by paragraph 66 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed.

[^f00050]: 1933 c. 36; section 2 was amended by Part IV of Schedule 11 to, the Courts Act 1971 (c. 23), Schedule 5 to, the Senior Courts Act 1981 (c. 54), Schedule 2 to the Prosecution of Offences Act 1985 (c. 23), paragraph 1 of Schedule 2 to the Criminal Justice Act 1987 (c. 38), paragraph 10 of Schedule 15 to the Criminal Justice Act 1988 (c. 33), paragraph 8 of Schedule 6 to the Criminal Justice Act 1991 (c. 53), Schedule 1 to the Statute Law (Repeals) Act 1993, paragraph 17 of Schedule 1 to the Criminal Procedure and Investigations Act 1996 (c. 25), paragraph 5 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37), and paragraph 1 of the Schedule to, S.I. 2004/2035. It is further amended by paragraph 34 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed.

[^f00051]: 1980 c. 43; section 6 was amended by section 170(1) of, and paragraphs 65 and 66 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), section 68 of, and paragraph 6(1)(a) of Schedule 8 to, the Criminal Justice Act 1991 (c. 53), paragraph 4 of Schedule 1 to the Criminal Procedure and Investigations Act 1996 (c. 25), paragraphs 95 and 96 of Schedule 13 to the Access to Justice Act 1999 (c. 22) and section 109(1) of, and paragraph 202 of Schedule 8 to, the Courts Act 2003 (c. 39), and is repealed by paragraph 51 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed.

[^f00052]: 1987 c. 38; section 4 was amended by section 144 of the Criminal Justice Act 1988 (c. 33), section 45 of, and paragraph 22 of Schedule 5 to, the Legal Aid Act 1988 (c. 34), paragraph 29 of Schedule 9 to the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 65 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37) and paragraphs 38 and 39 of Schedule 4 to the Access to Justice Act 1999 (c. 22). It is further amended by paragraphs 34 and 35 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed. It is repealed by paragraph 58 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed.

[^f00053]: 1991 c. 53; section 53 was amended by paragraph 49 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 93 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37) and paragraph 47 of Schedule 4 to, the Access to Justice Act 1999 (c. 22). It is further amended by paragraph 40 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed. It is repealed by Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed.

[^f00054]: 1998 c. 37; section 51 is substituted, and section 51A inserted, by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) for certain purposes (see S.I. 2005/950) and in relation to certain local justice areas (see S.I. 2012/1320), and otherwise with effect from a date to be appointed. Section 51 was further amended by section 59 of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4). Section 51A was amended by section 49 of, and paragraph 5 of Schedule 1 to, the Violent Crime Reduction Act 2006 (c. 38).

[^f00055]: 1987 c. 38; section 7 was amended by section 168(1) of, and paragraph 30 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33) and section 80 of, and paragraph 2 of Schedule 3 and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25). It has been further amended by sections 45 and 310 of, and paragraphs 52 and 53 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44), for certain purposes, with effect from 24 July 2006, and for remaining purposes from a date to be appointed.

[^f00056]: 1980 c. 43; section 8A was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39) and amended by SI 2006/2493. It is amended by paragraphs 12 and 14 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.

[^f00057]: 1967 c. 80; section 9 was amended by section 56 of, and paragraph 49 of Schedule 8 to, the Courts Act 1971 (c. 23), section 69 of the Criminal Procedure and Investigations Act 1996 (c. 25), section 168 of, and paragraph 6 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33) and regulation 9 of, and paragraph 4 of Schedule 5 to, S.I. 2001/1090. It is further amended by section 72 of, and paragraph 55 of Schedule 5 to, the Children and Young Persons Act 1969 (c. 54) and section 65 of, and paragraph 1 of Schedule 4 to, the Courts Act 2003 (c. 39), with effect from a date to be appointed, and by paragraph 43 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed.

[^f00058]: 2002 c. 38.

[^f00059]: 1977 c. 45; sub-section (1) was substituted by section 331 of, and paragraph 6 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44). Sub-section (3) was amended by section 83 of, and paragraph 79 of Schedule 7 to, the Criminal Justice (Scotland) Act 1980 (c. 62).

[^f00060]: 2006 (c. 46).

[^f00061]: 2003 (c. 32); sections 4A and 4B were inserted by section 331 of, and paragraph 16 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).

[^f00062]: 1988 c. 53; section 25 was amended by section 90 of, and paragraphs 140 and 142 of Schedule 13 to, the Access to Justice Act 1999 (c. 22), section 165 of, and paragraph 118 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) and section 109 of, and paragraph 311 of Schedule 8 to, the Courts Act 2003 (c. 39).

[^f00063]: 1988 c. 53. Section 71(6) was amended by section 109 of, and paragraph 317 of Schedule 8 to, the Courts Act 2003 (c. 39).

[^f00064]: 1980 c. 43; section 77(6) was substituted by section 109 of, and paragraph 218 of Schedule 8 to, the Courts Act 2003 (c. 39).

[^f00065]: 1980 c. 43; section 86 was amended by section 51(2) of the Criminal Justice Act 1982 (c. 48) and section 97(3) of the Access to Justice Act 1999 (c. 22).

[^f00066]: 2000 c. 7.

[^f00067]: 1958 c. 51; section 5 was amended by sections 67 and 86 of, and paragraph 2 of Schedule 5 to, the Freedom of Information Act 2000 (c. 36); and section 8 was amended by sections 27 and 35 of, and Schedule 2 to, the Administration of Justice Act 1969 (c. 58), section 1 of, and paragraph 19 of Schedule 2 to, the Administration of Justice Act 1970 (c. 31), section 56 of, and Schedule 11 to, the Courts Act 1971 (c. 23), section 152 of, and Schedule 7 to, the Senior Courts Act 1981 (c. 54) and sections 56 and 59 of, and Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).

[^f00068]: 1976 c. 63; section 5 was amended by section 65 of, and Schedule 12 to, the Criminal Law Act 1977 (c. 45), section 60 of the Criminal Justice Act 1982 (c. 48), paragraph 1 of Schedule 3 to the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 53 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 129(1) of the Criminal Justice and Police Act 2001 (c. 16), paragraph 182 of Schedule 8 to the Courts Act 2003 (c. 39), paragraph 48 of Schedule 3, paragraphs 1 and 2 of Schedule 36, and Parts 2, 4 and 12 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) and section 208 of, and paragraphs 33 and 35 of Schedule 21 to, the Legal Services Act 2007 (c. 27). Some of the amendments in Schedule 3 to the Criminal Justice Act 2003 are in force only in relation to certain cases or in relation to certain local justice areas (see S.I. 2012/1320) and otherwise have effect from a date to be appointed.

[^f00069]: 1988 c. 53.

[^f00070]: 1999 c. 23; section 20(6) was amended by paragraph 384(a) of Schedule 8 to the Courts Act 2003 (c. 39); section 33A was inserted by section 47 of the Police and Justice Act 2006 (c. 48); and section 33BB is inserted by section 104(1) of the Coroners and Justice Act 2009, with effect from a date to be appointed.

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