Legalize / United Kingdom / Statutory-Instrument

The Criminal Procedure Rules 2013

Type Statutory-Instrument

Publication 2013-06-19

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(iii) as required by section 32A(5) and (6), and, if relevant, section 43(6A), of the 2000 Act[^f00122], in relation to a covert human intelligence source; and

(d) propose the terms of the order.

[Note. See also rules 6.3 and 6.4, under which the court may—

(a) exercise its powers in the parties’ absence; and

(b) consider an application made orally.

Exercise of court’s power to quash an authorisation or notice

6.28

(1) This rule applies where, under section 23A or 32A of the Regulation of Investigatory Powers Act 2000, a magistrates’ court refuses to approve the grant, giving or renewal of an authorisation or notice.

(2) The court must not exercise its power to quash that authorisation or notice unless the applicant has had at least 2 business days from the date of the refusal in which to make representations.

[Note. See sections 23B(3) and 32B(3) of the Regulation of Investigatory Powers Act 2000.]

SECTION 7: SEARCH WARRANTS

[Note. Rule 6.5 (Documents served on the court officer) also applies.]

Exercise of court’s powers

6.29

(1) The court must determine an application for a warrant—

(a) at a hearing, which must be in private unless the court otherwise directs;

(b) in the presence of the applicant; and

(c) in the absence of any person affected by the warrant, including any person in occupation or control of premises which the applicant wants to search.

(2) If the court so directs, the applicant may attend the hearing by live link.

(3) The court must not determine an application unless satisfied that sufficient time has been allowed for it.

(4) The court must not determine an application unless the applicant confirms, on oath or affirmation, that to the best of the applicant’s knowledge and belief—

(a) the application discloses all the information that is material to what the court must decide, including any circumstances that might reasonably be considered capable of undermining any of the grounds of the application; and

(b) the content of the application is true.

(5) If the court requires the applicant to answer a question about an application—

(a) the applicant’s answer must be on oath or affirmation;

(b) the court must arrange for a record of the gist of the question and reply; and

(i) specify the information the court requires, and

(ii) give directions for the presentation of any renewed application.

(6) Unless to do so would be inconsistent with other legislation, on an application the court may issue—

(a) a warrant in respect of specified premises;

(b) a warrant in respect of all premises occupied or controlled by a specified person;

(c) a warrant in respect of all premises occupied or controlled by a specified person which specifies some of those premises; or

(d) more than one warrant—

(i) each one in respect of premises specified in the warrant,

(ii) each one in respect of all premises occupied or controlled by a person specified in the warrant (whether or not such a warrant also specifies any of those premises), or

(iii) at least one in respect of specified premises and at least one in respect of all premises occupied or controlled by a specified person (whether or not such a warrant also specifies any of those premises).

[Note. See section 15 of the Police and Criminal Evidence Act 1984[^f00127]and section 2(4) of the Criminal Justice Act 1987[^f00128].]

Application for warrant under section 8 of the Police and Criminal Evidence Act 1984

6.30

(1) This rule applies where an applicant wants a magistrates’ court to issue a warrant or warrants under section 8 of the Police and Criminal Evidence Act 1984.

(2) The applicant must—

(a) apply in writing;

(b) serve the application on—

(i) the court officer, or

(ii) if the court office is closed, the court;

(i) to read and prepare for the application, and

(ii) for the hearing of the application; and

(d) tell the court when the applicant expects any warrant issued to be executed.

(3) The application must—

(a) specify the offence under investigation (and see paragraph (4));

(b) so far as practicable, identify the material sought (and see paragraph (5));

(d) state whether the applicant wants the premises to be searched on more than one occasion (and see paragraph (8)); and

(e) state whether the applicant wants other persons to accompany the officers executing the warrant or warrants (and see paragraph (9)).

(4) In relation to the offence under investigation, the application must—

(a) state whether that offence is—

(i) an indictable offence, or

(ii) a relevant offence as defined in section 28D of the Immigration Act 1971[^f00129]; and

(b) explain the grounds for believing that the offence has been committed.

(5) In relation to the material sought, the application must explain the grounds for believing that that material—

(a) is likely to be of substantial value to the investigation (whether by itself, or together with other material);

(b) is likely to be admissible evidence at trial for the offence under investigation; and

(6) In relation to premises which the applicant wants to be searched and can specify, the application must—

(a) specify each set of premises;

(b) in respect of each set of premises, explain the grounds for believing that material sought is on those premises; and

(i) it is not practicable to communicate with any person entitled to grant entry to the premises,

(ii) it is practicable to communicate with such a person but it is not practicable to communicate with any person entitled to grant access to the material sought,

(iii) entry to the premises will not be granted unless a warrant is produced, or

(iv) the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(7) In relation to premises which the applicant wants to be searched but at least some of which the applicant cannot specify, the application must—

(a) explain the grounds for believing that—

(i) because of the particulars of the offence under investigation it is necessary to search any premises occupied or controlled by a specified person, and

(ii) it is not reasonably practicable to specify all the premises which that person occupies or controls which might need to be searched;

(b) specify as many sets of premises as is reasonably practicable;

(c) in respect of each set of premises, whether specified or not, explain the grounds for believing that material sought is on those premises; and

(d) in respect of each specified set of premises, explain the grounds for believing that—

(i) it is not practicable to communicate with any person entitled to grant entry to the premises,

(ii) it is practicable to communicate with such a person but it is not practicable to communicate with any person entitled to grant access to the material sought,

(iii) entry to the premises will not be granted unless a warrant is produced, or

(iv) the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(8) In relation to any set of premises which the applicant wants to be searched on more than one occasion, the application must—

(a) explain why it is necessary to search on more than one occasion in order to achieve the purpose for which the applicant wants the court to issue the warrant; and

(b) specify any proposed maximum number of occasions.

(9) In relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court, the application must—

(a) identify those other persons, by function or description; and

(b) explain why those persons are required.

(10) The application must disclose anything known or reported to the applicant that might reasonably be considered capable of undermining any of the grounds of the application.

(11) Where the application includes information that the applicant thinks should be supplied only to the court, the applicant may—

(a) set out that information in a separate document, marked accordingly; and

(b) in that document, explain why the applicant thinks that that information ought not to be supplied to anyone other than the court.

(12) The application must include—

(a) a declaration by the applicant that to the best of the applicant’s knowledge and belief—

(i) the application discloses all the information that is material to what the court must decide, including anything that might reasonably be considered capable of undermining any of the grounds of the application, and

(ii) the content of the application is true; and

(b) a declaration by an officer senior to the applicant that the senior officer has reviewed and authorised the application.

(13) The application must attach a draft warrant or warrants in the terms proposed by the applicant.

[Note. The Practice Direction sets out forms of application and warrant for use in connection with this rule.

Application for warrant under section 2 of the Criminal Justice Act 1987

6.31

(1) This rule applies where an applicant wants a magistrates’ court to issue a warrant or warrants under section 2 of the Criminal Justice Act 1987.

(2) The applicant must—

(a) apply in writing;

(b) serve the application on—

(i) the court officer, or

(ii) if the court office is closed, the court;

(i) to read and prepare for the application, and

(ii) for the hearing of the application; and

(d) tell the court when the applicant expects any warrant issued to be executed.

(3) The application must—

(a) describe the investigation being conducted by the Director of the Serious Fraud Office and include—

(i) an explanation of what is alleged and why, and

(ii) a chronology of relevant events;

(b) specify the document, documents or description of documents sought by the applicant (and see paragraphs (4) and (5)); and

(4) In relation to each document or description of documents sought, the application must—

(a) explain the grounds for believing that each such document—

(i) relates to a matter relevant to the investigation, and

(ii) could not be withheld from disclosure or production on grounds of legal professional privilege; and

(b) explain the grounds for believing that—

(i) a person has failed to comply with a notice by the Director to produce the document or documents,

(ii) it is not practicable to serve such a notice, or

(iii) the service of such a notice might seriously impede the investigation.

(5) In relation to any document or description of documents which the applicant wants to be preserved but not seized under a warrant, the application must—

(a) specify the steps for which the applicant wants the court’s authority in order to preserve and prevent interference with the document or documents; and

(b) explain why such steps are necessary.

(6) In respect of each set of premises which the applicant wants to be searched, the application must explain the grounds for believing that a document or description of documents sought by the applicant is on those premises.

(7) If the court so directs, the applicant must make available to the court material on which is based the information given under paragraph (3).

(8) The application must disclose anything known or reported to the applicant that might reasonably be considered capable of undermining any of the grounds of the application.

(9) Where the application includes information that the applicant thinks should be supplied only to the court, the applicant may—

(a) set out that information in a separate document, marked accordingly; and

(b) in that document, explain why the applicant thinks that that information ought not to be supplied to anyone other than the court.

(10) The application must include—

(a) a declaration by the applicant that to the best of the applicant’s knowledge and belief—

(i) the application discloses all the information that is material to what the court must decide, including anything that might reasonably be considered capable of undermining any of the grounds of the application, and

(ii) the content of the application is true; and

(b) a declaration by an officer senior to the applicant that the senior officer has reviewed and authorised the application.

(11) The application must attach a draft warrant or warrants in the terms proposed by the applicant.

[Note. The Practice Direction sets out forms of application and warrant for use in connection with this rule.

Application for warrant under another power to which sections 15 and 16 of the Police and Criminal Evidence Act 1984 apply

6.32

(1) This rule applies where—

(a) an applicant wants a magistrates’ court to issue a warrant or warrants under a power to which sections 15 and 16 of the Police and Criminal Evidence Act 1984 apply; and

(b) neither rule 6.30 nor rule 6.31 applies.

(2) The applicant must—

(a) apply in writing;

(b) serve the application on—

(i) the court officer, or

(ii) if the court office is closed, the court;

(i) to read and prepare for the application, and

(ii) for the hearing of the application; and

(d) tell the court when the applicant expects any warrant issued to be executed.

(3) The application must—

(a) state the legislation which allows the court to issue the warrant (in this rule, described as ‘the main search power’; and see paragraph (4));

(b) so far as practicable, identify the articles or persons sought (and see paragraph (5));

(d) state whether the applicant wants the premises to be searched on more than one occasion (and see paragraph (8)); and

(e) state whether the applicant wants other persons to accompany the officers executing the warrant or warrants (and see paragraph (9)).

(4) The application must—

(a) include or attach the terms of the main search power; and

(b) explain how the circumstances satisfy any criteria prescribed by the main search power for making the application.

(5) In relation to the articles or persons sought, the application must explain how they satisfy any criteria prescribed by the main search power about such articles or persons.

(6) In relation to premises which the applicant wants to be searched and can specify, the application must—

(a) specify each set of premises; and

(b) in respect of each, explain how the circumstances satisfy any criteria prescribed by the main search power—

(i) for thinking that the articles or persons sought are on those premises, and

(ii) for asserting that the court can exercise its power to authorise the search of those premises.

(7) In relation to premises which the applicant wants to be searched but at least some of which the applicant cannot specify, the application must—

(a) explain how the main search power allows the court to authorise such searching;

(b) specify the person who occupies or controls such premises;

(d) explain why—

(i) it is necessary to search more premises than those specified, and

(ii) it is not reasonably practicable to specify all the premises which the applicant wants to be searched;

(e) in respect of each set of premises, whether specified or not, explain how the circumstances satisfy any criteria prescribed by the main search power for thinking that the articles or persons sought are on those premises; and

(f) in respect of each specified set of premises, explain how the circumstances satisfy any criteria prescribed by the main search power for asserting that the court can exercise its power to authorise the search of those premises.

(8) In relation to any set of premises which the applicant wants to be searched on more than one occasion, the application must—

(a) explain how the main search power allows the court to authorise such searching;

(b) explain why the applicant wants the premises to be searched more than once; and

(9) In relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court, the application must—

(a) identify those other persons, by function or description; and

(b) explain why those persons are required.

(10) The application must disclose anything known or reported to the applicant that might reasonably be considered capable of undermining any of the grounds of the application.

(11) Where the application includes information that the applicant thinks should be supplied only to the court, the applicant may—

(a) set out that information in a separate document, marked accordingly; and

(b) in that document, explain why the applicant thinks that that information ought not to be supplied to anyone other than the court.

(12) The application must include—

(a) a declaration by the applicant that to the best of the applicant’s knowledge and belief—

(i) the application discloses all the information that is material to what the court must decide, including anything that might reasonably be considered capable of undermining any of the grounds of the application, and

(ii) the content of the application is true; and

(b) a declaration by an officer senior to the applicant that the senior officer has reviewed and authorised the application.

(13) The application must attach a draft warrant or warrants in the terms proposed by the applicant.

[Note. The Practice Direction sets out forms of application and warrant for use in connection with this rule.

Information to be included in a warrant

6.33

(1) A warrant must identify—

(a) the person or description of persons by whom it may be executed;

(b) any person who may accompany a person executing the warrant;

(d) the legislation under which it was issued;

(e) the name of the applicant;

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

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

(h) the date on which it was issued.

(2) A warrant must specify—

(a) the premises to be searched, where the application specified premises;

(b) the person in occupation or control of premises to be searched, where the application specified such a person; and

(3) A warrant must include, by signature, initial, or otherwise, an indication that it has been approved by the court that issued it.

(4) Where a warrant comprises more than a single page, each page must include such an indication.

(5) A copy of a warrant must include a prominent certificate that it is such a copy.

[Note. See section 16 of the Police and Criminal Evidence Act 1984.]

SECTION 8: ORDERS FOR THE RETENTION OF FINGERPRINTS, ETC.

[Note. Rule 6.4 (Court’s power to vary requirements under this Part) and rule 6.5 (Documents served on the court officer) also apply.]

Exercise of court’s powers

6.34

(1) The court must determine an application under rule 6.35, and an appeal under rule 6.36—

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

(b) in the presence of the applicant or appellant.

(2) The court must not determine such an application or appeal unless any person served under those rules—

(a) is present; or

(b) has had an opportunity—

(i) to attend, or

(ii) to make representations.

Application to extend retention period

6.35

(1) This rule applies where a magistrates’ court can make an order extending the period for which there may be retained material consisting of—

(a) fingerprints taken from a person—

(i) under a power conferred by Part V of the Police and Criminal Evidence Act 1984[^f00135],

(ii) with that person’s consent, in connection with the investigation of an offence by the police, or

(iii) under a power conferred by Schedule 8 to the Terrorism Act 2000[^f00136] in relation to a person detained under section 41 of that Act;

(b) a DNA profile derived from a DNA sample so taken; or

(2) A chief officer of police who wants the court to make such an order must—

(a) apply in writing—

(i) within the period of 3 months ending on the last day of the retention period, where the application relates to fingerprints or a DNA profile, or

(ii) before the expiry of the retention period, where the application relates to a sample;

(b) in the application—

(i) identify the material,

(ii) state when the retention period expires,

(iii) give details of any previous such application relating to the material, and

(iv) outline the circumstances in which the material was acquired;

(d) serve the application on the person from whom the material was taken, where—

(i) the application relates to fingerprints or a DNA profile, or

(ii) the application is for the renewal of an order extending the retention period for a sample.

(3) An application to extend the retention period for fingerprints or a DNA profile must explain why that period should be extended.

(4) An application to extend the retention period for a sample must explain why, having regard to the nature and complexity of other material that is evidence in relation to the offence, the sample is likely to be needed in any proceedings for the offence for the purposes of—

(a) disclosure to, or use by, a defendant; or

(b) responding to any challenge by a defendant in respect of the admissibility of material that is evidence on which the prosecution proposes to rely.

(5) On an application to extend the retention period for fingerprints or a DNA profile, the applicant must serve notice of the court’s decision on any respondent where—

(a) the court makes the order sought; and

(b) the respondent was absent when it was made.

[Note. See rule 6.1(6)(a). The powers to which rule 6.35 applies may be exercised only by a District Judge (Magistrates’ Courts).

Appeal

6.36

(1) This rule applies where, under rule 6.35, a magistrates’ court determines an application relating to fingerprints or a DNA profile and—

(a) the person from whom the material was taken wants to appeal to the Crown Court against an order extending the retention period; or

(b) a chief officer of police wants to appeal to the Crown Court against a refusal to make such an order.

(2) The appellant must—

(a) serve an appeal notice—

(i) on the Crown Court officer and on the other party, and

(ii) not more than 21 days after the magistrates’ court’s decision, or, if applicable, service of notice under rule 6.35(5); and

(b) in the appeal notice, explain, as appropriate, why the retention period should, or should not, be extended.

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

[Note. Under section 63F(10) of the Police and Criminal Evidence Act 1984, and under paragraph 20B(8) of Schedule 8 to the Terrorism Act 2000, the person from whom fingerprints were taken, or from whom a DNA profile derives, may appeal to the Crown Court against an order extending the retention period; and a chief officer of police may appeal to the Crown Court against the refusal of such an order.]

PART 7 — STARTING A PROSECUTION IN A MAGISTRATES’ COURT

Contents of this Part

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

When this Part applies

7.1

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

(a) a prosecutor wants the court to issue a summons or warrant under section 1 of the Magistrates’ Courts Act 1980[^f00141];

(b) a public prosecutor—

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

(ii) issues a written charge and requisition under section 29 of the Criminal Justice Act 2003[^f00142]; or

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

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

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

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

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

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

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

Information and written charge

7.2

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

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

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

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

(a) serve on the court officer—

(i) an information in writing, or

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

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

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

(4) A single document may contain—

(a) more than one information; or

(b) more than one written charge.

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

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

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

not more than 6 months after the offence alleged.

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

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

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

within any time limit that applies to that offence.

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

Allegation of offence in information or charge

7.3

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

(a) a statement of the offence that—

(i) describes the offence in ordinary language, and

(ii) identifies any legislation that creates it; and

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

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

Summons, warrant and requisition

7.4

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

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

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

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

(3) A summons or requisition must—

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

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

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

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

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

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

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

(6) Where the court issues a summons—

(a) the prosecutor must—

(i) serve it on the defendant, and

(ii) notify the court officer; or

(b) the court officer must—

(i) serve it on the defendant, and

(ii) notify the prosecutor.

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

(a) serve on the defendant—

(i) the requisition, and

(ii) the written charge; and

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

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

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

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

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

[Note. Part 18 contains other rules about warrants.

PART 8 — DISCONTINUING A PROSECUTION

Contents of this Part

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

When this Part applies

8.1

(1) This Part applies where—

(a) the Director of Public Prosecutions, or the Director of Revenue and Customs Prosecutions, can discontinue a case in a magistrates’ court, under section 23 of the Prosecution of Offences Act 1985[^f00149];

(b) the Director of Public Prosecutions, or another public prosecutor, can discontinue a case sent for trial in the Crown Court, under section 23A of the Prosecution of Offences Act 1985[^f00150].

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

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

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

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

Discontinuing a case

8.2

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

(a) the court officer;

(b) the defendant; and

(2) Such a notice must—

(a) identify—

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

(ii) the person serving the notice, and

(iii) the power that that person is exercising;

(b) explain—

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

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

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

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

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

(a) any surety; and

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

Defendant’s notice to continue

8.3

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

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

(a) on the court officer; and

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

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

(a) notify the prosecutor; and

(b) refer the case to the court.

PART 9 — ALLOCATION AND SENDING FOR TRIAL

Contents of this Part

Section 1: general rules
When this Part applies	rule 9.1
Exercise of magistrates’ court’s powers	rule 9.2
Matters to be specified on sending for trial	rule 9.3
Duty of justices’ legal adviser	rule 9.4
Duty of magistrates’ court officer	rule 9.5

Section 2: sending without allocation for Crown Court trial
Prosecutor’s notice requiring Crown Court trial	rule 9.6
Sending for Crown Court trial	rule 9.7

Section 3: allocation for magistrates’ court or Crown Court trial
Adult defendant: request for plea	rule 9.8
Adult defendant: guilty plea	rule 9.9
Adult defendant: not guilty plea	rule 9.10
Adult defendant: allocation for magistrates’ court trial	rule 9.11
Adult defendant: prosecutor’s application for Crown Court trial	rule 9.12
Young defendant	rule 9.13
Allocation and sending for Crown Court trial	rule 9.14

Section 4: Crown Court initial procedure after sending for trial
Service of prosecution evidence	rule 9.15
Application to dismiss offence sent for Crown Court trial	rule 9.16

SECTION 1: GENERAL RULES

When this Part applies

9.1

(1) This Part applies to the allocation and sending of cases for trial under—

(a) sections 17A to 26 of the Magistrates’ Courts Act 1980[^f00155]; and

(b) sections 50A to 52 of the Crime and Disorder Act 1998[^f00156].

(2) Section 2 of this Part applies in a magistrates’ court where the court must, or can, send a defendant to the Crown Court for trial, without allocating the case for trial there.

(3) Section 3 of this Part applies in a magistrates’ court where the court must allocate the case to a magistrates’ court or to the Crown Court for trial.

(4) Section 4 of this Part applies in the Crown Court, where a defendant is sent for trial there.

[Note. A magistrates’ court’s powers to send a defendant to the Crown Court for trial are contained in section 51 of the Crime and Disorder Act 1998[^f00157].

Exercise of magistrates’ court’s powers

9.2

(1) This rule applies to the exercise of the powers to which Sections 2 and 3 apply.

(2) The general rule is that the court must exercise its powers at a hearing in public, but it may exercise any power it has to—

(a) withhold information from the public; or

(b) order a hearing in private.

(3) The general rule is that the court must exercise its powers in the defendant’s presence, but it may exercise the powers to which the following rules apply in the defendant’s absence on the conditions specified—

(a) where rule 9.8 (adult defendant: request for plea), rule 9.9 (adult defendant: guilty plea) or rule 9.13 (young defendant) applies, if—

(i) the defendant is represented, and

(ii) the defendant’s disorderly conduct makes his or her presence in the courtroom impracticable;

(b) where rule 9.10 (adult defendant: not guilty plea) or rule 9.11 (adult defendant: allocation for magistrates’ court trial) applies, if—

(i) the defendant is represented and waives the right to be present, or

(ii) the defendant’s disorderly conduct makes his or her presence in the courtroom impracticable.

(4) The court may exercise its power to adjourn—

(a) if either party asks; or

(b) on its own initiative.

(5) Where the court on the same occasion deals with more than one offence alleged against the same defendant, it must deal with them in the following sequence—

(a) any to which rule 9.6 applies (prosecutor’s notice requiring Crown Court trial);

(b) any to which rule 9.7 applies (sending for Crown Court trial, without allocation there), in this sequence—

(i) any the court must send for trial, then

(ii) any the court can send for trial; and

[Note. See sections 50A, 51, 51A and 52 of the Crime and Disorder Act 1998[^f00162]and sections 17A, 17B, 17C, 18, 23, 24A, 24B and 24C of the Magistrates’ Courts Act 1980[^f00163].

Matters to be specified on sending for trial

9.3

(1) Where the court sends a defendant to the Crown Court for trial, it must specify—

(a) each offence to be tried;

(b) in respect of each, the power exercised to send the defendant for trial for that offence; and

(2) In a case in which the prosecutor serves a notice to which rule 9.6(1)(a) applies (notice requiring Crown Court trial in a case of serious or complex fraud), the court must specify the Crown Court centre identified by that notice.

(3) In any other case, in deciding the Crown Court centre at which the trial will take place, the court must take into account—

(a) the convenience of the parties and witnesses;

(b) how soon a suitable courtroom will be available; and

[Note. See sections 51 and 51D of the Crime and Disorder Act 1998[^f00167].]

Duty of justices’ legal adviser

9.4

(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) On the court’s behalf, a justices’ legal adviser may—

(a) read the allegation of the offence to the defendant;

(b) give any explanation and ask any question required by the rules in this Part;

(i) the court’s decisions about allocation and sending,

(ii) any indication by the court of likely sentence, or

(iii) sentence.

(3) 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 2003[^f00168].]

Duty of magistrates’ court officer

9.5

(1) The magistrates’ court officer must—

(a) serve notice of a sending for Crown Court trial on—

(i) the Crown Court officer, and

(ii) the parties;

(b) in that notice record—

(i) the matters specified by the court under rule 9.3 (matters to be specified on sending for trial),

(ii) any indication of intended guilty plea given by the defendant under rule 9.7 (sending for Crown Court trial),

(iii) any decision by the defendant to decline magistrates’ court trial under rule 9.11 (adult defendant: allocation to magistrates’ court for trial), and

(iv) the date on which any custody time limit will expire;

(d) give the court such other assistance as it requires.

(2) The magistrates’ court officer must include with the notice served on the Crown Court officer—

(a) the initial details of the prosecution case served by the prosecutor under rule 21.2;

(b) a record of any—

(i) listing or case management direction affecting the Crown Court,

(ii) direction about reporting restrictions,

(iii) decision about bail, for the purposes of section 5 of the Bail Act 1976[^f00169],

(iv) recognizance given by a surety, or

(v) representation order; and

(i) interpreter,

(ii) intermediary, or

(iii) other supporting adult, where the defendant is assisted by such a person.

[Note. See sections 51 and 51D of the Crime and Disorder Act 1998[^f00170],and section 20A of the Magistrates’ Courts Act 1980[^f00171].]

SECTION 2: SENDING WITHOUT ALLOCATION FOR CROWN COURT TRIAL

Prosecutor’s notice requiring Crown Court trial

9.6

(1) This rule applies where a prosecutor with power to do so requires a magistrates’ court to send for trial in the Crown Court—

(a) a case of serious or complex fraud; or

(b) a case which will involve a child witness.

(2) The prosecutor must serve written notice of that requirement—

(a) on the magistrates’ court officer and on the defendant; and

(b) before trial in a magistrates’ court begins under Part 37 (Trial and sentence in a magistrates’ court).

(3) The notice must identify—

(a) the power on which the prosecutor relies; and

(b) the Crown Court centre at which the prosecutor wants the trial to take place.

(4) The prosecutor—

(a) must, when choosing a Crown Court centre, take into account the matters listed in rule 9.3(3) (court deciding to which Crown Court centre to send a case); and

(b) may change the centre identified before the case is sent for trial.

[Note. Under section 51B of the Crime and Disorder Act 1998[^f00172], the Director of Public Prosecutions, the Director of the Serious Fraud Office, the Director of Revenue and Customs Prosecutions or a Secretary of State may require the court to send a case for trial in the Crown Court if, in that prosecutor’s opinion, the evidence of the offence charged—

(a) is sufficient for the person charged to be put on trial for the offence; and

(b) reveals a case of fraud of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court.

Sending for Crown Court trial

9.7

(1) This rule applies where a magistrates’ court must, or can, send a defendant to the Crown Court for trial without first allocating the case for trial there.

(2) The court must read the allegation of the offence to the defendant.

(3) The court must explain, in terms the defendant can understand (with help, if necessary)—

(a) the allegation, unless it is self-explanatory;

(b) that the offence is one for which the court, as appropriate—

(i) must send the defendant to the Crown Court for trial because the offence is one which can only be tried there, or

(ii) may send the defendant to the Crown Court for trial if the magistrates’ court decides that the offence is related to one already sent for trial there;

(4) In the following sequence, the court must then—

(a) invite the prosecutor to—

(i) identify the court’s power to send the defendant to the Crown Court for trial for the offence, and

(ii) make representations about any ancillary matters, including bail and directions for the management of the case in the Crown Court;

(b) invite the defendant to make representations about—

(i) the court’s power to send the defendant to the Crown Court, and

(ii) any ancillary matters; and

(5) If the court sends the defendant to the Crown Court for trial, it must—

(a) ask whether the defendant intends to plead guilty in the Crown Court and—

(i) if the answer is ‘yes’, make arrangements for the Crown Court to take the defendant’s plea as soon as possible, or

(ii) if the defendant does not answer, or the answer is ‘no’, make arrangements for a case management hearing in the Crown Court; and

(b) give any other ancillary directions.

[Note. See sections 51, 51A and 51E of the Crime and Disorder Act 1998[^f00174],and section 24A of the Magistrates’ Courts Act 1980[^f00175].

SECTION 3: ALLOCATION FOR MAGISTRATES’ COURT OR CROWN COURT TRIAL

Adult defendant: request for plea

9.8

(1) This rule applies where—

(a) the defendant is 18 or over; and

(b) the court must decide whether a case is more suitable for trial in a magistrates’ court or in the Crown Court.

(2) The court must read the allegation of the offence to the defendant.

(3) The court must explain, in terms the defendant can understand (with help, if necessary)—

(a) the allegation, unless it is self-explanatory;

(b) that the offence is one which can be tried in a magistrates’ court or in the Crown Court;

(d) that if the answer is ‘yes’, then the court must treat that as a guilty plea and must sentence the defendant, or commit the defendant to the Crown Court for sentence;

(e) that if the defendant does not answer, or the answer is ‘no’, then—

(i) the court must decide whether to allocate the case to a magistrates’ court or to the Crown Court for trial,

(ii) the value involved may require the court to order trial in a magistrates’ court (where the offence is one to which section 22 of the Magistrates’ Courts Act 1980[^f00177] applies), and

(iii) if the court allocates the case to a magistrates’ court for trial, the defendant can nonetheless require trial in the Crown Court (unless the offence is one to which section 22 of the Magistrates’ Courts Act 1980 applies and the value involved requires magistrates’ court trial); and

(f) that reporting restrictions apply, which the defendant may ask the court to vary or remove.

(4) The court must then ask whether the defendant intends to plead guilty.

[Note. See section 17A of the Magistrates’ Courts Act 1980[^f00178].

Adult defendant: guilty plea

9.9

(1) This rule applies where—

(a) rule 9.8 applies; and

(b) the defendant indicates an intention to plead guilty.

(2) The court must exercise its power to deal with the case—

(a) as if the defendant had just pleaded guilty to an offence that can be tried only in a magistrates’ court; and

(b) in accordance with rule 37.10 (procedure if the court convicts).

[Note. See section 17A of the Magistrates’ Courts Act 1980.]

Adult defendant: not guilty plea

9.10

(1) This rule applies where—

(a) rule 9.8 applies; and

(b) the defendant—

(i) indicates an intention to plead not guilty, or

(ii) gives no indication of intended plea.

(2) In the following sequence, the court must then—

(a) where the offence is one to which section 22 of the Magistrates’ Courts Act 1980 applies, explain in terms the defendant can understand (with help, if necessary) that—

(i) if the court decides that the value involved clearly is less than £5,000, the court must order trial in a magistrates’ court,

(ii) if the court decides that it is not clear whether that value is more or less than £5,000, then the court will ask whether the defendant agrees to be tried in a magistrates’ court, and

(iii) if the answer to that question is ‘yes’, then the court must order such a trial and if the defendant is convicted then the maximum sentence is limited;

(b) invite the prosecutor to—

(i) identify any previous convictions of which it can take account, and

(ii) make representations about how the court should allocate the case for trial, including representations about the value involved, if relevant;

(d) where the offence is one to which section 22 of the Magistrates’ Courts Act 1980 applies—

(i) if it is not clear whether the value involved is more or less than £5,000, ask whether the defendant agrees to be tried in a magistrates’ court,

(ii) if the defendant’s answer to that question is ‘yes’, or if that value clearly is less than £5,000, order a trial in a magistrates’ court,

(iii) if the defendant does not answer that question, or the answer is ‘no’, or if that value clearly is more than £5,000, apply paragraph (2)(e);

(e) exercise its power to allocate the case for trial, taking into account—

(i) the adequacy of a magistrates’ court’s sentencing powers,

(ii) any representations by the parties, and

(iii) any allocation guidelines issued by the Sentencing Council.

[Note. See sections 17A, 18, 19, 22 and 24A of the Magistrates’ Courts Act 1980[^f00180].

Adult defendant: allocation for magistrates’ court trial

9.11

(1) This rule applies where—

(a) rule 9.10 applies; and

(b) the court allocates the case to a magistrates’ court for trial.

(2) The court must explain, in terms the defendant can understand (with help, if necessary) that—

(a) the court considers the case more suitable for trial in a magistrates’ court than in the Crown Court;

(b) if the defendant is convicted at a magistrates’ court trial, then in some circumstances the court may commit the defendant to the Crown Court for sentence;

(c) if the defendant does not agree to a magistrates’ court trial, then the court must send the defendant to the Crown Court for trial; and

(d) before deciding whether to accept magistrates’ court trial, the defendant may ask the court for an indication of whether a custodial or non-custodial sentence is more likely in the event of a guilty plea at such a trial, but the court need not give such an indication.

(3) If the defendant asks for such an indication of sentence and the court gives such an indication—

(a) the court must then ask again whether the defendant intends to plead guilty;

(b) if, in answer to that question, the defendant indicates an intention to plead guilty, then the court must exercise its power to deal with the case—

(i) as if the defendant had just pleaded guilty to an offence that can be tried only in a magistrates’ court, and

(ii) in accordance with rule 37.10 (procedure if the court convicts);

(c) if, in answer to that question, the defendant indicates an intention to plead not guilty, or gives no indication of intended plea, in the following sequence the court must then—

(i) ask whether the defendant agrees to trial in a magistrates’ court,

(ii) if the defendant’s answer to that question is ‘yes’, order such a trial,

(iii) if the defendant does not answer that question, or the answer is ‘no’, apply rule 9.14.

(4) If the defendant asks for an indication of sentence but the court gives none, or if the defendant does not ask for such an indication, in the following sequence the court must then—

(a) ask whether the defendant agrees to trial in a magistrates’ court;

(b) if the defendant’s answer to that question is ‘yes’, order such a trial;

[Note. See section 20 of the Magistrates’ Courts Act 1980[^f00182].

Adult defendant: prosecutor’s application for Crown Court trial

9.12

(1) This rule applies where—

(a) rule 9.11 applies;

(b) the defendant agrees to trial in a magistrates’ court; but

(2) The prosecutor must—

(a) apply before trial in a magistrates’ court begins under Part 37 (Trial and sentence in a magistrates’ court); and

(b) notify—

(i) the defendant, and

(ii) the magistrates’ court officer.

(3) The court must determine an application to which this rule applies before it deals with any other pre-trial application.

[Note. See sections 8A and 25 of the Magistrates’ Courts Act 1980[^f00185]. Under section 25(2B), the court may grant an application to which this rule applies only if it is satisfied that the sentence which a magistrates’ court would have power to impose would be inadequate.]

Young defendant

9.13

(1) This rule applies where—

(a) the defendant is under 18; and

(b) the court must decide whether to send the defendant for Crown Court trial instead of ordering trial in a youth court.

(2) The court must read the allegation of the offence to the defendant.

(3) The court must explain, in terms the defendant can understand (with help, if necessary)—

(a) the allegation, unless it is self-explanatory;

(b) that the offence is one which can be tried in the Crown Court instead of in a youth court;

(d) that if the answer is ‘yes’, then the court must treat that as a guilty plea and must sentence the defendant, or commit the defendant to the Crown Court for sentence;

(e) that if the defendant does not answer, or the answer is ‘no’, then the court must decide whether to send the defendant for Crown Court trial instead of ordering trial in a youth court; and

(f) that reporting restrictions apply, which the defendant may ask the court to vary or remove.

(4) The court must then ask whether the defendant intends to plead guilty.

(5) If the defendant’s answer to that question is ‘yes’, the court must exercise its power to deal with the case—

(a) as if the defendant had just pleaded guilty to an offence that can be tried only in a magistrates’ court; and

(b) in accordance with rule 37.10 (procedure if the court convicts).

(6) If the defendant does not answer that question, or the answer is ‘no’, in the following sequence the court must then—

(a) invite the prosecutor to make representations about whether Crown Court or youth court trial is more appropriate;

(b) invite the defendant to make such representations;

(i) the offence and the circumstances of the offence,

(ii) the suitability of a youth court’s sentencing powers,

(iii) where the defendant is jointly charged with an adult, whether it is necessary in the interests of justice for them to be tried together in the Crown Court, and

(iv) any representations by the parties.

[Note. See section 24A of the Magistrates’ Courts Act 1980[^f00186].]

Allocation and sending for Crown Court trial

9.14

(1) This rule applies where—

(a) under rule 9.10 or rule 9.13, the court allocates the case to the Crown Court for trial;

(b) under rule 9.11, the defendant does not agree to trial in a magistrates’ court; or

(2) In the following sequence, the court must—

(a) invite the prosecutor to make representations about any ancillary matters, including bail and directions for the management of the case in the Crown Court;

(b) invite the defendant to make any such representations; and

(i) send the defendant to the Crown Court for trial, and

(ii) give any ancillary directions.

[Note. See sections 21 and 24A of the Magistrates’ Courts Act 1980[^f00187]and section 51 of the Crime and Disorder 1998[^f00188]. See also rule 9.3 (matters to be specified on sending for trial).]

SECTION 4: CROWN COURT INITIAL PROCEDURE AFTER SENDING FOR TRIAL

Service of prosecution evidence

9.15

(1) This rule applies where—

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

(b) the prosecutor serves on the defendant copies of the documents containing the evidence on which the prosecution case relies.

(2) The prosecutor must at the same time serve copies of those documents on the Crown Court officer.

[Note. See The Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005[^f00189]. The time for service of the prosecution evidence is prescribed by regulation 2. It is—

(a) not more than 50 days after sending for trial, where the defendant is in custody; and

(b) not more than 70 days after sending for trial, where the defendant is on bail.]

Application to dismiss offence sent for Crown Court trial

9.16

(1) This rule applies where a defendant wants the Crown Court to dismiss an offence sent for trial there.

(2) The defendant must—

(a) apply in writing—

(i) not more than 28 days after service of the prosecution evidence, and

(ii) before the defendant’s arraignment;

(b) serve the application on—

(i) the Crown Court officer, and

(ii) each other party;

(i) explain why the prosecution evidence would not be sufficient for the defendant to be properly convicted,

(ii) ask for a hearing, if the defendant wants one, and explain why it is needed,

(iii) identify any witness whom the defendant wants to call to give evidence in person, with an indication of what evidence the witness can give,

(iv) identify any material already served that the defendant thinks the court will need to determine the application, and

(v) include any material not already served on which the defendant relies.

(3) A prosecutor who opposes the application must—

(a) serve notice of opposition, not more than 14 days after service of the defendant’s notice, on—

(i) the Crown Court officer, and

(ii) each other party;

(b) in the notice of opposition—

(i) explain the grounds of opposition,

(ii) ask for a hearing, if the prosecutor wants one, and explain why it is needed,

(iii) identify any witness whom the prosecutor wants to call to give evidence in person, with an indication of what evidence the witness can give,

(iv) identify any material already served that the prosecutor thinks the court will need to determine the application, and

(v) include any material not already served on which the prosecutor relies.

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

(a) at a hearing, in public or in private, or without a hearing;

(b) in the absence of—

(i) the defendant who made the application,

(ii) the prosecutor, if the prosecutor has had at least 14 days in which to serve notice opposing the application.

(5) The court may—

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

(b) allow a witness to give evidence in person even if that witness was not identified in the defendant’s application or in the prosecutor’s notice.

[Note. Under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998[^f00190], on an application by the defendant the Crown Court must dismiss an offence charged if it appears to the court that the evidence would not be sufficient for the applicant to be properly convicted.]

PART 10 — INITIAL DETAILS OF THE PROSECUTION CASE

Contents of this Part

When this Part applies	rule 10.1
Providing initial details of the prosecution case	rule 10.2
Content of initial details	rule 10.3

When this Part applies

10.1

(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

10.2

(1) The prosecutor must serve initial details of the prosecution case on the court officer—

(a) as soon as practicable; and

(b) in any event, no later than the beginning of the day of the first hearing.

(2) Where a defendant requests those details, the prosecutor must serve them on the defendant—

(a) as soon as practicable; and

(b) in any event, no later than the beginning of the day of the first hearing.

(3) Where a defendant does not request those details, the prosecutor must make them available to the defendant at, or before, the beginning of the day of the first hearing.

Content of initial details

10.3

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 11

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

PART 12

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

PART 13

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

PART 14 — THE INDICTMENT

Contents of this Part

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

[Note. See also sections 3, 4 and 5 of the Indictments Act 1915[^f00192]and section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933[^f00193].]

Service and signature of indictment

14.1

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

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

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

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

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

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

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

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

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

Form and content of indictment

14.2

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

(a) a statement of the offence charged that—

(i) describes the offence in ordinary language, and

(ii) identifies any legislation that creates it; and

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

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

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

(a) are founded on the same facts; or

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

(4) The counts must be numbered consecutively.

(5) An indictment may contain—

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

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

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

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

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

[Note. In certain circumstances the Crown Court may try a defendant for an offence other than one sent, committed or transferred for trial: see section 2(2) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (indictable offences founded on the prosecution evidence on which the sending, committal or transfer was based) and section 40 of the Criminal Justice Act 1988[^f00204] (specified summary offences founded on that evidence).]

PART 15 — PREPARATORY HEARINGS IN THE CROWN COURT

Contents of this Part

When this Part applies	rule 15.1
Exercise of court’s powers	rule 15.2
Application for preparatory hearing	rule 15.3
Application containing information withheld from a defendant	rule 15.4
Representations in response	rule 15.5
Commencement of preparatory hearing	rule 15.6
Court’s power to vary requirements	rule 15.7

When this Part applies

15.1

This Part applies where the Crown Court―

(a) can order a preparatory hearing, under―

(i) section 7 of the Criminal Justice Act 1987[^f00205] (cases of serious or complex fraud), or

(ii) section 29 of the Criminal Procedure and Investigations Act 1996[^f00206] (other complex, serious or lengthy cases);

(b) must order such a hearing, to determine an application for a trial without a jury, under―

(i) section 44 of the Criminal Justice Act 2003[^f00207] (danger of jury tampering), or

(ii) section 17 of the Domestic Violence, Crime and Victims Act 2004[^f00208] (trial of sample counts by jury, and others by judge alone);

(c) must order such a hearing, under section 29 of the 1996 Act, where section 29(1B) or (1C) applies (cases in which a terrorism offence is charged, or other serious cases with a terrorist connection).

[Note. See also section 45(2) of the 2003 Act and section 18(1) of the 2004 Act.

Exercise of court’s powers

15.2

The court may decide whether to order a preparatory hearing—

(a) on an application or on its own initiative;

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

(i) applied for the order, or

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

Application for preparatory hearing

15.3

(1) A party who wants the court to order a preparatory hearing must—

(a) apply in writing—

(i) as soon as reasonably practicable, and in any event

(ii) not more than 14 days after the defendant pleads not guilty;

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(2) The applicant must—

(a) if relevant, explain what legislation requires the court to order a preparatory hearing;

(b) otherwise, explain—

(i) what makes the case complex or serious, or makes the trial likely to be long,

(ii) why a substantial benefit will accrue from a preparatory hearing, and

(iii) why the court’s ordinary powers of case management are not adequate.

(3) A prosecutor who wants the court to order a trial without a jury must explain—

(a) where the prosecutor alleges a danger of jury tampering—

(i) what evidence there is of a real and present danger that jury tampering would take place,

(ii) what steps, if any, reasonably might be taken to prevent jury tampering, and

(iii) why, notwithstanding such steps, the likelihood of jury tampering is so substantial as to make it necessary in the interests of justice to order such a trial; or

(b) where the prosecutor proposes trial without a jury on some counts on the indictment—

(i) why a trial by jury involving all the counts would be impracticable,

(ii) how the counts proposed for jury trial can be regarded as samples of the others, and

(iii) why it would be in the interests of justice to order such a trial.

Application containing information withheld from a defendant

15.4

(1) This rule applies where—

(a) the prosecutor applies for an order for a trial without a jury because of a danger of jury tampering; and

(b) the application includes information that the prosecutor thinks ought not be revealed to a defendant.

(2) The prosecutor must—

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

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

(3) The hearing of an application to which this rule applies—

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

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

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

(a) the general rule is that the court must consider, in the following sequence—

(i) representations first by the prosecutor and then by each defendant, in all the parties’ presence, and then

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

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

(5) Where, on an application to which this rule applies, the court orders a trial without a jury—

(a) the general rule is that the trial must be before a judge other than the judge who made the order; but

(b) the court may direct other arrangements.

Representations in response

15.5

(1) This rule applies where a party wants to make representations about—

(a) an application for a preparatory hearing;

(b) an application for a trial without a jury.

(2) Such a party must—

(a) serve the representations on—

(i) the court officer, and

(ii) each other party;

(b) do so not more than 14 days after service of the application;

(3) Where representations include information that the person making them thinks ought not be revealed to another party, that person must—

(a) omit that information from the representations served on that other party;

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

(4) Representations against an application for an order must explain why the conditions for making it are not met.

Commencement of preparatory hearing

15.6

At the beginning of a preparatory hearing, the court must—

(a) announce that it is such a hearing; and

(b) take the defendant’s plea (unless already done).

[Note. See section 8 of the Criminal Justice Act 1987[^f00211]and section 30 of the Criminal Procedure and Investigations Act 1996[^f00212].]

Court’s power to vary requirements

15.7

(1) The court may—

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

(b) allow an application or representations to be made orally.

(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.

PART 16 — REPORTING, ETC. RESTRICTIONS

Contents of this Part

Section 1: general rules
When this Part applies	rule 16.1
Exercise of court’s powers to which this Part applies	rule 16.2
Court’s power to vary requirements under this Part	rule 16.3

Section 2: reporting and access restrictions
Reporting and access restrictions	rule 16.4
Varying or removing restrictions	rule 16.5
Trial in private	rule 16.6
Representations in response	rule 16.7
Order about restriction or trial in private	rule 16.8

Section 3: sound recording and electronic communication
Sound recording and electronic communication	rule 16.9
Forfeiture of unauthorised sound recording	rule 16.10

SECTION 1: GENERAL RULES

When this Part applies

16.1

(1) This Part 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) vary or remove a reporting or access restriction that is imposed by legislation;

(d) order a trial in private;

(e) allow there to take place during a hearing—

(i) sound recording, or

(ii) communication by electronic means.

(2) This Part does not apply to arrangements required by legislation, or directed by the court, in connection with—

(a) sound recording during a hearing, or the transcription of such a recording; or

(b) measures to assist a witness or defendant to give evidence.

[Note. The court can impose reporting restrictions under—

(a) section 39 of the Children and Young Persons Act 1933[^f00213](identity of a person under 18);

(b) section 4(2) of the Contempt of Court Act 1981[^f00214](postponed report of public hearing);

(d) section 58 of the Criminal Procedure and Investigations Act 1996[^f00215](postponed report of derogatory assertion in mitigation);

(e) section 46 of the Youth Justice and Criminal Evidence Act 1999[^f00216] (identity of a vulnerable adult witness);

(f) section 82 of the Criminal Justice Act 2003[^f00217](order for retrial after acquittal); or

(g) section 75 of the Serious Organised Crime and Police Act 2005[^f00218](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 1980[^f00241]and 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;

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

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