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The Criminal Procedure Rules 2013

Type Statutory-Instrument

Publication 2013-06-19

State In force

Department King's Printer of Acts of Parliament

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

(4) A person who wants to appeal to the Crown Court under section 141F of the Education Act 2002[^f00242] must—

(a) serve an appeal notice on—

(i) the Crown Court officer, and

(ii) each other party;

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

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

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

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

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

Trial in private

16.6

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

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

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

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(3) The applicant must explain—

(a) the reasons for the application;

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

(i) reporting restrictions,

(ii) an admission of facts,

(iii) the introduction of hearsay evidence,

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

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

(vi) arrangements for the protection of a witness.

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

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

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

(5) The court officer must at once—

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

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

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

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

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

(7) At the hearing of the application—

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

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

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

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

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

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

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

Representations in response

16.7

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

(2) Such a party or person must—

(a) serve the representations on—

(i) the court officer,

(ii) the applicant,

(iii) each other party, and

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

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

(3) Representations must—

(a) explain the reasons for any objection;

(b) specify any alternative terms proposed.

Order about restriction or trial in private

16.8

(1) This rule applies where the court—

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

(b) orders a trial in private.

(2) The court officer must—

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

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

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

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

SECTION 3: SOUND RECORDING AND ELECTRONIC COMMUNICATION

Sound recording and electronic communication

16.9

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

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

(i) recording sound, or

(ii) communicating by electronic means; or

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

(2) The court may give such permission—

(a) on application; or

(b) on its own initiative.

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

(a) apply as soon as reasonably practicable;

(b) notify—

(i) each party, and

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

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

(a) contravening a reporting restriction;

(b) disrupting the hearing; or

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

(ii) the verdict of a jury.

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

(a) in a specified part of the courtroom;

(b) for a specified purpose;

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

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

Forfeiture of unauthorised sound recording

16.10

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

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

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

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

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

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

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

(a) apply as soon as reasonably practicable;

(b) notify—

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

(ii) each other party; and

[Note. Under section 9(3) of the Contempt of Court Act 1981[^f00243], the court can forfeit any device or recording used or made in contravention of section 9(1) of the Act.]

PART 17 — EXTRADITION

Contents of this Part

General rules
When this Part applies	rule 17.1
Meaning of ‘court’, ‘presenting officer’ and ‘defendant’	rule 17.2
Exercise of court’s powers	rule 17.3
Duty of court officer	rule 17.4

Extradition under Part 1 of the Extradition Act 2003
Preliminary hearing after arrest	rule 17.5
Extradition hearing	rule 17.6
Discharge where warrant withdrawn	rule 17.7

Extradition under Part 2 of the Extradition Act 2003
Issue of arrest warrant	rule 17.8
Preliminary hearing after arrest	rule 17.9
Issue of provisional arrest warrant	rule 17.10
Preliminary hearing after provisional arrest	rule 17.11
Arrangement of extradition hearing after provisional arrest	rule 17.12
Extradition hearing	rule 17.13
Discharge where extradition request withdrawn	rule 17.14

Evidence at extradition hearing
Introduction of additional evidence	rule 17.15

Discharge after failure to comply with a time limit
Defendant’s application to be discharged	rule 17.16

[Note. Part 3 contains rules about case management which apply at an extradition hearing and during preparation for that hearing. The rules in this Part must be read in conjunction with those rules.]

GENERAL RULES

When this Part applies

17.1

This Part applies to extradition under Part 1 or Part 2 of the Extradition Act 2003[^f00244], but—

(a) rules 17.8 to 17.14 do not apply to extradition under Part 1 of the Act; and

(b) rules 17.5 to 17.7 do not apply to extradition under Part 2 of the Act.

[Note. The Extradition Act 2003 provides for the extradition of a person accused or convicted of a crime to the territory within which that person is accused or was convicted. Part 1 of the Act (sections 1 to 68) allows the court to give effect to a warrant for arrest issued in a territory designated for the purposes of that Part, including a MemberState of the European Union. Part 2 of the Act (sections 69 to 141) allows the court and the Secretary of State to give effect to a request for extradition made under a treaty between the United Kingdom and the requesting territory.]

Meaning of ‘court’, ‘presenting officer’ and ‘defendant’

17.2

In this Part, and for the purposes of this Part in other rules—

(a) ‘court’ means a District Judge (Magistrates’ Courts) exercising the powers to which this Part applies;

(b) ‘presenting officer’ means an officer of the National Crime Agency, a police officer, a prosecutor or other person representing an authority or territory seeking the extradition of a defendant;

[Note. Under sections 67 and 139 of the Extradition Act 2003[^f00245], a District Judge (Magistrates’ Courts) must be designated for the purposes of the Act to exercise the powers to which this Part applies.]

Exercise of court’s powers

17.3

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

(a) impose reporting restrictions;

(b) withhold information from the public; or

(2) The general rule is that the court must exercise its powers in the defendant’s presence, but it may do so in the defendant’s absence where—

(a) the court discharges the defendant; or

(b) the defendant is represented and the defendant’s presence is impracticable by reason of his or her—

(i) ill health, or

(ii) disorderly conduct.

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

(a) if either party asks, or on its own initiative; and

(b) in particular—

(i) to allow there to be obtained information that the court requires,

(ii) following a provisional arrest under Part 1 of the Extradition Act 2003, pending receipt of the warrant,

(iii) following a provisional arrest under Part 2 of the Act, pending receipt of the extradition request,

(iv) if the court is informed that the defendant is serving a custodial sentencing in the United Kingdom,

(v) if it appears to the court that the defendant is not fit to be extradited, unless the court discharges the defendant for that reason, or

(vi) where a court dealing with a warrant to which Part 1 of the Act applies is informed that another such warrant has been received in the United Kingdom.

(4) The court must exercise its power to adjourn if informed that the defendant has been charged with an offence in the United Kingdom.

(5) The general rule is that, before exercising a power to which this Part applies, the court must give each party an opportunity to make representations, unless that party is absent deliberately.

[Note. See sections 8A, 8B, 9, 22, 23, 25 and 44 of the Extradition Act 2003[^f00246](powers in relation to extradition under Part 1 of the Act) and sections 76A, 76B, 77, 88, 89 and 91 of the Act[^f00247](powers in relation to extradition under Part 2 of the Act).

Duty of court officer

17.4

The court officer must—

(a) as soon as practicable, serve notice of the court’s decision to extradite or discharge—

(i) on the defendant,

(ii) on the designated authority which certified the arrest warrant, where Part 1 of the Extradition Act 2003 applies,

(iii) on the Secretary of State, where Part 2 of the Act applies; and

(b) give the court such assistance as it requires.

EXTRADITION UNDER PART 1 OF THE EXTRADITION ACT 2003

Preliminary hearing after arrest

17.5

(1) This rule applies where the defendant is first brought before the court after—

(a) arrest under a warrant to which Part 1 of the Extradition Act 2003 applies; or

(b) provisional arrest under Part 1 of the Act.

(2) The presenting officer must—

(a) serve on the court officer—

(i) the arrest warrant, and

(ii) a certificate, given by the authority designated by the Secretary of State, that the warrant was issued by an authority having the function of issuing such warrants in the territory to which the defendant’s extradition is sought; or

(b) apply at once for an extension of time within which to serve that warrant and that certificate.

(3) An application under paragraph (2)(b) must—

(a) explain why the requirement to serve the warrant and certificate at once could not reasonably be complied with; and

(b) include—

(i) any written material in support of that explanation, and

(ii) representations about bail pending service of those documents.

(4) When the presenting officer serves the warrant and certificate, in the following sequence the court must—

(a) decide whether the defendant is the person in respect of whom the warrant was issued;

(b) explain, in terms the defendant can understand (with help, if necessary)—

(i) the allegation made in the warrant, and

(ii) that the defendant may consent to extradition, and how that may be done and with what effect;

(i) no more than 21 days after the defendant’s arrest, or

(ii) if either party so applies, at such a later date as the court decides is in the interests of justice;

(d) consider any ancillary application, including an application about bail pending the extradition hearing; and

(e) give any direction as is appropriate to the needs of the case about the introduction of evidence at the extradition hearing.

[Note. See sections 4, 6, 7 and 8 of the Extradition Act 2003[^f00249].

Extradition hearing

17.6

(1) This rule applies at the extradition hearing arranged by the court under rule 17.5.

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

(a) whether the offence specified in the warrant is an extradition offence;

(b) whether a bar to extradition applies, namely—

(i) the rule against double jeopardy,

(ii) extraneous considerations,

(iii) the passage of time,

(iv) the defendant’s age,

(v) hostage-taking considerations,

(vi) speciality,

(vii) earlier extradition or transfer to the United Kingdom, or

(viii) forum;

(c) where the warrant alleges that the defendant is unlawfully at large after conviction, whether conviction was in the defendant’s presence and if not—

(i) whether the defendant was absent deliberately,

(ii) if the defendant was not absent deliberately, whether the defendant would be entitled to a retrial (or to a review of the conviction, amounting to a retrial);

(d) whether extradition would be compatible with the defendant’s human rights;

(e) whether it would be unjust or oppressive to extradite the defendant because of his or her physical or mental condition;

(f) after deciding each of (a) to (e) above, before progressing to the next, whether to order the defendant’s discharge.

(3) If the court discharges the defendant, the court must consider any ancillary application, including an application about—

(a) reporting restrictions; or

(b) costs.

(4) If the court does not discharge the defendant, the court must—

(a) exercise its power to order the defendant’s extradition;

(b) explain, in terms the defendant can understand (with help, if necessary), that the defendant may appeal to the High Court within the next 7 days; and

(i) bail pending extradition,

(ii) reporting restrictions, or

(iii) costs.

[Note. See sections 10, 11, 20, 21, 25, 26, 64 and 65 of the Extradition Act 2003[^f00251].

Discharge where warrant withdrawn

17.7

(1) This rule applies where the authority that certified the warrant gives the court officer notice that the warrant has been withdrawn—

(a) after the start of the hearing under rule 17.5; and

(b) before the court orders the defendant’s extradition or discharge.

(2) The court must exercise its power to discharge the defendant.

[Note. See section 41 of the Extradition Act 2003.]

EXTRADITION UNDER PART 2 OF THE EXTRADITION ACT 2003

Issue of arrest warrant

17.8

(1) This rule applies where the Secretary of State serves on the court officer—

(a) an extradition request to which Part 2 of the Extradition Act 2003 applies;

(b) a certificate given by the Secretary of State that the request was received in the way approved for the request; and

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

(a) whether the offence in respect of which extradition is requested is an extradition offence; and

(b) whether there is sufficient evidence, or (where the Secretary of State has so ordered, for this purpose) information, to justify the issue of a warrant of arrest.

(3) The court may issue an arrest 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.

[Note. See sections 70, 71, 137 and 138 of the Extradition Act 2003[^f00252].]

Preliminary hearing after arrest

17.9

(1) This rule applies where a defendant is first brought before the court after arrest under a warrant to which rule 17.8 applies.

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

(a) explain, in terms the defendant can understand (with help, if necessary)—

(i) the content of the extradition request, and

(ii) that the defendant may consent to extradition, and how that may be done and with what effect;

(b) arrange for an extradition hearing to begin—

(i) no more than 2 months later, or

(ii) if either party so applies, at such a later date as the court decides is in the interests of justice;

(d) give any direction as is appropriate to the needs of the case about the introduction of evidence at the extradition hearing.

[Note. See sections 72 and 75 of the Extradition Act 2003[^f00253]. Under section 127 of the Act[^f00254], a defendant’s consent to extradition must be given before the court, must be recorded in writing, and is irrevocable. Consent may not be given unless the defendant has a legal representative with him or her when giving consent, or the defendant has failed or refused to apply for legal aid, or legal aid has been refused or withdrawn.

Issue of provisional arrest warrant

17.10

(1) This rule applies where a presenting officer wants a justice of the peace to issue a provisional arrest warrant under Part 2 of the Extradition Act 2003, pending receipt of an extradition request.

(2) The presenting officer must—

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

(b) verify the information on oath or affirmation.

(3) In the following sequence, the justice must decide—

(a) whether the alleged offence is an extradition offence; and

(b) whether there is sufficient evidence, or (where the Secretary of State has so ordered, for this purpose) information, to justify the issue of a warrant of arrest.

[Note. See sections 73, 137 and 138 of the Extradition Act 2003[^f00255].]

Preliminary hearing after provisional arrest

17.11

(1) This rule applies where a defendant is first brought before the court after arrest under a provisional arrest warrant to which rule 17.10 applies.

(2) The court must—

(a) explain, in terms the defendant can understand (with help, if necessary)—

(i) the allegation in respect of which the warrant was issued, and

(ii) that the defendant may consent to extradition, and how that may be done and with what effect; and

(b) consider any ancillary application, including an application about bail pending receipt of the extradition request.

[Note. See section 74 of the Extradition Act 2003[^f00256]. Under section 127 of the Act, a defendant’s consent to extradition must be given before the court, must be recorded in writing, and is irrevocable. Consent may not be given unless the defendant has a legal representative with him or her when giving consent, or the defendant has failed or refused to apply for legal aid, or legal aid has been refused or withdrawn.]

Arrangement of extradition hearing after provisional arrest

17.12

(1) This rule applies when the Secretary of State serves on the court officer—

(a) a request for extradition in respect of which a defendant has been arrested under a provisional arrest warrant to which rule 17.10 applies;

(b) a certificate given by the Secretary of State that the request was received in the way approved for the request; and

(2) Unless a time limit for service of the request has expired, the court must—

(a) arrange for an extradition hearing to begin—

(i) no more than 2 months after service of the request, or

(ii) if either party so applies, at such a later date as the court decides is in the interests of justice;

(b) consider any ancillary application, including an application about bail pending the extradition hearing; and

(c) give any direction as is appropriate to the needs of the case about the introduction of evidence at the extradition hearing.

[Note. See section 76 of the Extradition Act 2003.]

Extradition hearing

17.13

(1) This rule applies at the extradition hearing arranged by the court under rule 17.9 or rule 17.12.

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

(a) whether the documents served on the court officer by the Secretary of State include—

(i) those listed in rule 17.8(1) or rule 17.12(1), as the case may be,

(ii) particulars of the person whose extradition is requested,

(iii) particulars of the offence specified in the request, and

(iv) as the case may be, a warrant for the defendant’s arrest, or a certificate of the defendant’s conviction and (if applicable) sentence, issued in the requesting territory;

(b) whether the defendant is the person whose extradition is requested;

(d) whether the documents served on the court officer by the Secretary of State have been served also on the defendant;

(e) whether a bar to extradition applies, namely—

(i) the rule against double jeopardy,

(ii) extraneous considerations,

(iii) the passage of time,

(iv) hostage-taking considerations, or

(v) forum;

(f) where the request accuses the defendant of an offence, whether there is evidence which would be sufficient to make a case requiring an answer by the defendant if the extradition proceedings were a trial (unless the Secretary of State has otherwise ordered, for this purpose);

(g) where the request accuses the defendant of being unlawfully at large after conviction, whether the defendant was—

(i) convicted in his or her presence, or

(ii) absent deliberately;

(h) where the request accuses the defendant of being unlawfully at large after conviction, and the defendant was absent but not deliberately—

(i) whether the defendant would be entitled to a retrial (or to a review of the conviction amounting to a retrial), and

(ii) if so, whether there is evidence which would be sufficient to make a case requiring an answer by the defendant if the extradition proceedings were a trial (unless the Secretary of State has otherwise ordered, for this purpose);

(i) whether extradition would be compatible with the defendant’s human rights;

(j) whether it would be unjust or oppressive to extradite the defendant because of his or her physical or mental condition;

(k) after deciding each of (a) to (j) above, before progressing to the next, whether to order the defendant’s discharge.

(3) If the court discharges the defendant, the court must consider any ancillary application, including an application about—

(a) reporting restrictions; or

(b) costs.

(4) If the court does not discharge the defendant, the court must—

(a) exercise its power to send the case to the Secretary of State to decide whether to extradite the defendant;

(b) explain, in terms the defendant can understand (with help, if necessary), that—

(i) the defendant may appeal to the High Court not more than 14 days after being informed of the Secretary of State’s decision, and

(ii) any such appeal brought before the Secretary of State’s decision has been made will not be heard until after that decision; and

(i) bail pending extradition,

(ii) reporting restrictions, or

(iii) costs.

[Note. See sections 78, 79, 84, 85, 86, 87, 91, 92, 103, 137 and 138 of the Extradition Act 2003[^f00257].

Discharge where extradition request withdrawn

17.14

(1) This rule applies where the Secretary of State gives the court officer notice that the extradition request has been withdrawn—

(a) after the start of the hearing under rule 17.9 or 17.11; and

(b) before the court—

(i) sends the case to the Secretary of State to decide whether to extradite the defendant, or

(ii) discharges the defendant.

(2) The court must exercise its power to discharge the defendant.

[Note. See section 122 of the Extradition Act 2003.]

EVIDENCE AT EXTRADITION HEARING

Introduction of additional evidence

17.15

(1) Where a party wants to introduce evidence at an extradition hearing under the law that would apply if that hearing were a trial, the relevant Part of these Rules applies with such adaptations as the court directs.

(2) If the court admits as evidence the written statement of a witness—

(a) each relevant part of the statement must be read or summarised aloud; or

(b) the court must read the statement and its gist must be summarised aloud.

(3) If a party introduces in evidence a fact admitted by another party, or the parties jointly admit a fact, a written record must be made of the admission.

[Note. The admissibility of evidence that a party introduces is governed by rules of evidence.

DISCHARGE AFTER FAILURE TO COMPLY WITH A TIME LIMIT

Defendant’s application to be discharged

17.16

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

(a) because of a failure—

(i) to give the defendant a copy of any warrant under which the defendant is arrested as soon as practicable after arrest,

(ii) to bring the defendant before the court as soon as practicable after arrest under a warrant,

(iii) to bring the defendant before the court no more than 48 hours after provisional arrest under Part 1 of the Extradition Act 2003;

(b) following the expiry of a time limit for—

(i) service of a warrant to which Part 1 of the 2003 Act applies, after provisional arrest under that Part of the Act (48 hours, under section 6 of the Act[^f00260], unless the court otherwise directs),

(ii) service of an extradition request to which Part 2 of the Act applies, after provisional arrest under that Part of the Act (45 days, under section 74 of the Act[^f00261], unless the Secretary of State has otherwise ordered for this purpose),

(iii) receipt of an undertaking that the defendant will be returned to complete a sentence in the United Kingdom, where the court required such an undertaking (21 days, under section 37 of the Act[^f00262]),

(iv) making an extradition order, after the defendant has consented to extradition under Part 1 of the Act (10 days, under section 46 of the Act[^f00263]),

(v) extradition, where an extradition order has been made under Part 1 of the Act and any appeal by the defendant has failed (10 days, under sections 35, 36 and 47 of the Act[^f00264],unless the court otherwise directs),

(vi) extradition, where an extradition order has been made under Part 2 of the Act and any appeal by the defendant has failed (28 days, under sections 117 and 118 of the Act[^f00265]),

(vii) the resumption of extradition proceedings, where those proceedings were adjourned pending disposal of another extradition claim which has concluded (21 days, under section 180 of the Act),

(viii) extradition, where extradition has been deferred pending the disposal of another extradition claim which has concluded (21 days, under section 181 of the Act), or

(ix) re-extradition, where the defendant has been returned to the United Kingdom to serve a sentence before serving a sentence overseas (as soon as practicable, under section 187 of the Act[^f00266]); or

(2) Unless the court otherwise directs—

(a) such a defendant must apply in writing and serve the application on—

(i) the court officer, and

(ii) the prosecutor;

(b) the application must explain the grounds on which it is made; and

(c) the court officer must arrange a hearing as soon as practicable, and in any event no later than the second business day after an application is served.

[Note. See sections 4(4) & (5), 6(6) & (7), 8(7) & (8)[^f00267], 35(5), 36(8), 37(7), 46(8)[^f00268], 47(4), 72(5) & (6), 74(5), (6) & (10), 75(4),76(5), 117(3), 118(7), 180(4) & (5), 181(4) & (5) and 187(3) of the Extradition Act 2003.]

PART 18 — WARRANTS FOR ARREST, DETENTION OR IMPRISONMENT

Contents of this Part

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

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

When this Part applies

18.1

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

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

Terms of a warrant for arrest

18.2

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

(a) bring the defendant to a court—

(i) specified in the warrant, or

(ii) required or allowed by law; or

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

(i) specified in the warrant, or

(ii) to be notified by the court.

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

(a) section 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965[^f00269];

(b) section 7 of the Bail Act 1976[^f00270];

(d) sections 79, 80 and 81(4), (5) of the Senior Courts Act 1981[^f00272].

Terms of a warrant for detention or imprisonment

18.3

(1) A warrant for detention or imprisonment must—

(a) require each person to whom it is directed to detain the defendant and—

(i) take the defendant to any place specified in the warrant or required or allowed by law, and

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

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

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

(ii) the defendant is released.

(2) Where a magistrates’ court remands a defendant to police detention under section 128(7)[^f00275] or section 136[^f00276] of the Magistrates’ Courts Act 1980, or to customs detention under section 152 of the Criminal Justice Act 1988[^f00277], the warrant it issues must—

(a) be directed, as appropriate, to—

(i) a constable, or

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

(b) require that constable or officer to detain the defendant—

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

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

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

Information to be included in a warrant

18.4

(1) A warrant must identify—

(a) each person to whom it is directed;

(b) the defendant against whom it was issued;

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

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

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

(a) section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012[^f00278] (remands of children otherwise than on bail), including in particular—

(i) whether the defendant must be detained in local authority accommodation or youth detention accommodation,

(ii) the local authority designated by the court,

(iii) any requirement imposed by the court on that authority,

(iv) any condition imposed by the court on the defendant, and

(v) the reason for any such requirement or condition;

(b) section 80 of the Magistrates’ Courts Act 1980[^f00279] (application of money found on defaulter to satisfy sum adjudged); or

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

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

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

[Note. See sections 93(7) and 102(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Under section 91 of the Act, instead of granting bail to a defendant under 18 the court may—

(a) remand him or her to local authority accommodation and, after consulting with that authority, impose on the defendant a condition that the court could impose if granting bail; or

(b) remand him or her to youth detention accommodation, if the defendant is at least 12 years old and the other conditions, about the offence and the defendant, prescribed by the Act are met.

Execution of a warrant

18.5

(1) A warrant may be executed—

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

(b) if the warrant was issued by a magistrates’ court, by anyone authorised to do so by section 125[^f00282] (warrants), 125A[^f00283] (civilian enforcement officers) or 125B[^f00284] (execution by approved enforcement agency) of the Magistrates’ Courts Act 1980.

(2) The person who executes a warrant must—

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

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

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

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

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

(a) make a record of—

(i) the defendant’s name,

(ii) the reason for the arrest,

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

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

(b) serve the record on—

(i) the defendant, and

(ii) the court officer.

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

(a) take the defendant—

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

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

(b) obtain a receipt from the custodian; and

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

Warrants that cease to have effect on payment

18.6

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

(a) section 76[^f00286] (enforcement of sums adjudged to be paid);

(b) section 83[^f00287] (process for securing attendance of offender);

(d) section 136[^f00289] (committal to custody overnight at police station for non-payment of sum adjudged by conviction).

(2) The warrant no longer has effect if—

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

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

(i) the court officer, or

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

[Note. See sections 79[^f00290]and 125(1) of the Magistrates’ Courts Act 1980.]

Warrant issued when the court office is closed

18.7

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

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

(a) a copy of the warrant; and

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

PART 19 — BAIL AND CUSTODY TIME LIMITS

Contents of this Part

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

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

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

SECTION 1: GENERAL RULES

When this Part applies

19.1

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

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

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

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

[Note. See in particular—

(a) the Bail Act 1976[^f00291];

(b) section 128 of the Magistrates’ Courts Act 1980[^f00292](general powers of magistrates’ courts in relation to bail);

(d) section 115 of the Coroners and Justice Act 2009[^f00294](exclusive power of the Crown Court to grant bail to a defendant charged with murder);

(e) section 22 of the Prosecution of Offences Act 1985[^f00295](provision for custody time limits); and

(f) the Prosecution of Offences (Custody Time Limits) Regulations 1987[^f00296](maximum periods during which a defendant may be kept in custody pending trial).

Exercise of court’s powers to which this Part applies

19.2

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

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

(i) is present, or

(ii) has had an opportunity to make representations;

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

(i) has waived the right to attend, or

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

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

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

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

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

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

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

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

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

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

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

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

(i) imposing or varying a bail condition when ordering the defendant to be detained in local authority accommodation, or

(ii) ordering the defendant to be detained in youth detention accommodation.

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

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

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

[Note. See section 5 of the Bail Act 1976 and sections 93(7) and 102(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012[^f00297].

Duty of justices’ legal adviser

19.3

(1) This rule applies—

(a) only in a magistrates’ court; and

(b) unless the court—

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

(ii) otherwise directs.

(2) A justices’ legal adviser must—

(a) assist an unrepresented defendant;

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

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

[Note. For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003[^f00299].]

General duties of court officer

19.4

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

(a) the parties’ representations about bail; and

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

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

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

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

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

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

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

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

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

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

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

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

(a) the defendant; and

(b) any surety.

(4) Where a magistrates’ court withholds bail in a case to which section 5(6A) of the Bail Act 1976[^f00300] applies (remand in custody after hearing full argument on an application for bail), the court officer must serve on the defendant a certificate that the court heard full argument.

[Note. See section 5 of the Bail Act 1976[^f00301]; section 43 of the Magistrates’ Courts Act 1980[^f00302]; and section 52 of the Mental Health Act 1983[^f00303].]

SECTION 2: BAIL

Prosecutor’s representations about bail

19.5

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

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

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

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

(b) each consideration that the prosecutor thinks relevant.

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

(a) specify each condition proposed; and

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

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

Reconsideration of police bail by magistrates’ court

19.6

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

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

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

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

(3) The applicant party must—

(a) apply in writing; and

(b) serve the application on—

(i) the court officer,

(ii) the other party, and

(iii) any surety affected or proposed.

(4) The application must—

(a) specify—

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

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

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

(b) explain, as appropriate—

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

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

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

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

(6) A party who opposes an application must—

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

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

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

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

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

(8) The court may—

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

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

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

Notice of application to consider bail

19.7

(1) This rule applies where—

(a) in a magistrates’ court—

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

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

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

(2) Such a party must—

(a) apply in writing;

(b) serve the application on—

(i) the court officer,

(ii) the other party, and

(iii) any surety affected or proposed; and

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

(3) The application must—

(a) specify—

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

(ii) each offence charged, and

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

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

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

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

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

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

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

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

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

(5) A party who opposes an application must—

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

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

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

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

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

(7) The court may—

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

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

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

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

19.8

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

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

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

(2) The defendant must—

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

(b) serve the application on—

(i) the Crown Court officer,

(ii) the magistrates’ court officer,

(iii) the prosecutor, and

(iv) any surety affected or proposed.

(3) The application must—

(a) specify—

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

(ii) each offence charged;

(b) explain—

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

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

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

(e) on an application for bail, attach a copy of the certificate of full argument served on the defendant under rule 19.4(4).

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

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

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

(5) A prosecutor who opposes the application must—

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

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

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

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

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

Prosecutor’s appeal against grant of bail

19.9

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

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

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

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

(ii) by the Crown Court, in a case in which the defendant has been charged with, or convicted of, an offence punishable with imprisonment (but not in a case in which the Crown Court granted bail on an appeal to which paragraph (1)(a) applies).

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

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

(b) before the defendant is released on bail.

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

(4) The prosecutor must serve an appeal notice—

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

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

(5) The appeal notice must specify—

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

(b) the decision under appeal;

(d) the grounds of appeal.

(6) On an appeal to the Crown Court, the magistrates’ court officer must, as soon as practicable, serve on the Crown Court officer—

(a) the appeal notice;

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

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

(a) has no legal representative; and

(b) asks for such assistance.

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

(9) The prosecutor—

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

(i) the defendant,

(ii) the Crown Court officer, and

(iii) the magistrates’ court officer

before the hearing of the appeal begins; but

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

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

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

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

[Note. See section 1 of the Bail (Amendment) Act 1993[^f00316]. The time limit for serving an appeal notice is prescribed by section 1(5) of the Act. It may be neither extended nor shortened.

Consideration of bail in a murder case

19.10

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

(a) the defendant is charged with murder; and

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

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

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

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

[Note. See section 115 of the Coroners and Justice Act 2009[^f00317].]

Condition of residence

19.11

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

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

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

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

Electronic monitoring requirements

19.12

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

(2) The court officer must—

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

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

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

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

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

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

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

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

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

[Note. Under section 3(6ZAA) of the Bail Act 1976[^f00318], the conditions of bail that the court may impose include requirements for the electronic monitoring of a defendant’s compliance with other bail conditions, for example a curfew. Sections 3AA and 3AB of the 1976 Act[^f00319]set out conditions for imposing such requirements.

Accommodation or support requirements

19.13

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

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

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

(2) The court officer must—

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

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

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

(iii) details of the requirement,

(iv) any other bail condition, and

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

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

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

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

(i) variation or termination of the requirement,

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

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

Requirement for a surety or payment, etc.

19.14

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

(a) a surety;

(b) a payment;

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

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

(a) the recognizance must specify—

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

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

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

(i) the court officer,

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

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

(i) the surety, and

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

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

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

(i) the court officer,

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

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

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

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

[Note. See also section 119 of the Magistrates’ Courts Act 1980[^f00321].]

Forfeiture of a recognizance given by a surety

19.15

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

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

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

(2) The court officer must serve notice on—

(a) the surety; and

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

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

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

[Note. If the purpose for which a recognizance is entered is not fulfilled, that recognizance may be forfeited by the court. If the court forfeits a surety’s recognizance, the sum promised by that person is then payable to the Crown. See also section 120 of the Magistrates’ Courts Act 1980[^f00322].]

SECTION 3: CUSTODY TIME LIMITS

Application to extend a custody time limit

19.16

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

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

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

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

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

[Note. See regulation 7 of The Prosecution of Offences (Custody Time Limits) Regulations 1987[^f00323].

Appeal against custody time limit decision

19.17

(1) This rule applies where—

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

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

(2) The appellant must serve an appeal notice—

(a) on—

(i) the other party to the decision,

(ii) the Crown Court officer, and

(iii) the magistrates’ court officer;

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

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

(ii) before the relevant custody time limit expires.

(3) The appeal notice must specify—

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

(b) the decision under appeal;

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

(e) the grounds of appeal.

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

(5) The appellant—

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

(i) the other party,

(ii) the Crown Court officer, and

(iii) the magistrates’ court officer

before the hearing of the appeal begins; but

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

[Note. See section 22(7), (8), (9) of the Prosecution of Offences Act 1985[^f00326].]

PART 20

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

PART 21

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

PART 22 — DISCLOSURE

Contents of this Part

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

When this Part applies

22.1

This Part applies—

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

(b) where Parts I and II of the Criminal Procedure and Investigations Act 1996[^f00333] apply.

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

Prosecution disclosure

22.2

(1) This rule applies in the Crown Court where, under section 3 of the Criminal Procedure and Investigations Act 1996[^f00334], the prosecutor—

(a) discloses prosecution material to the defendant; or

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

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

Prosecutor’s application for public interest ruling

22.3

(1) This rule applies where—

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

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

(2) The prosecutor must—

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

(b) serve the application on—

(i) the court officer,

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

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

(3) The application must—

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

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

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

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

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

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

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

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

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

(a) the defendant;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) may—

(i) keep a written application or representations, or

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

[Note. The court’s power to order that it is not in the public interest to disclose material is provided for by sections 3(6), 7(6) (where the investigation began between 1st April, 1997 and 3rd April, 2005) and 7A(8) (where the investigation began on or after 4th April, 2005) of the Criminal Procedure and Investigations Act 1996[^f00335].

Defence disclosure

22.4

(1) This rule applies where—

(a) under section 5 or 6 of the Criminal Procedure and Investigations Act 1996[^f00337], the defendant gives a defence statement;

(b) under section 6C of the 1996 Act[^f00338], the defendant gives a defence witness notice.

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

(a) the court officer; and

(b) the prosecutor.

[Note. The Practice Direction sets out forms of—

(a) defence statement; and

(b) defence witness notice.

Defendant’s application for prosecution disclosure

22.5

(1) This rule applies where the defendant—

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

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

(2) The defendant must serve an application on—

(a) the court officer; and

(b) the prosecutor.

(3) The application must—

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

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

(i) the prosecutor has that material, and

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

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

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

(b) without a hearing.

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

(a) is present; or

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

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

Review of public interest ruling

22.6

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

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

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

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

(a) serve an application on—

(i) the court officer, and

(ii) the prosecutor; and

(b) in the application—

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

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

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

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

(a) the court officer; and

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

(5) The court may direct—

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

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

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

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

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

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

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

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

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

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

(8) The court may only conclude a review if satisfied that it has been able to take adequate account of—

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

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

[Note. The court’s power to review a public interest ruling is provided for by sections 14 and 15 of the Criminal Procedure and Investigations Act 1996[^f00340]. Under section 14 of the Act, a magistrates’ court may reconsider an order for non-disclosure only if a defendant applies. Under section 15, the Crown Court may do so on an application, or on its own initiative.

Defendant’s application to use disclosed material

22.7

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