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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

Source legislation.gov.uk

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73.1

(1) Leave to appeal to the Court of Appeal under section 43 or section 65 of the Proceeds of Crime Act 2002[^f00806] will only be given where—

(a) the Court of Appeal considers that the appeal would have a real prospect of success; or

(b) there is some other compelling reason why the appeal should be heard.

(2) An order giving leave may limit the issues to be heard and be made subject to conditions.

Notice of appeal

73.2

(1) Where an appellant wishes to apply to the Court of Appeal for leave to appeal under section 43 or 65 of the Proceeds of Crime Act 2002 Act, he must serve a notice of appeal in the form set out in the Practice Direction on the Crown Court officer.

(2) Unless the Registrar, a single judge or the Court of Appeal directs otherwise, the appellant must serve the notice of appeal, accompanied by a respondent’s notice in the form set out in the Practice Direction for the respondent to complete, on—

(a) each respondent;

(b) any person who holds realisable property to which the appeal relates; and

as soon as practicable and in any event not later than 7 days after the notice of appeal is served on a Crown Court officer.

(3) The appellant must serve the following documents with his notice of appeal—

(a) four additional copies of the notice of appeal for the Court of Appeal;

(b) four copies of any skeleton argument;

(d) four copies of any witness statement or affidavit in support of the application for leave to appeal;

(e) four copies of a suitable record of the reasons for judgment of the Crown Court; and

(f) four copies of the bundle of documents used in the Crown Court proceedings from which the appeal lies.

(4) Where it is not possible to serve all of the documents referred to in paragraph (3), the appellant must indicate which documents have not yet been served and the reasons why they are not currently available.

(5) The appellant must provide a Crown Court officer with a certificate of service stating that he has served the notice of appeal on each respondent in accordance with paragraph (2) and including full details of each respondent or explaining why he has been unable to effect service.

Respondent’s notice

73.3

(1) This rule applies to an appeal under section 43 or 65 of the Proceeds of Crime Act 2002.

(2) A respondent may serve a respondent’s notice on the Registrar.

(3) A respondent who—

(a) is seeking leave to appeal from the Court of Appeal; or

(b) wishes to ask the Court of Appeal to uphold the decision of the Crown Court for reasons different from or additional to those given by the Crown Court,

must serve a respondent’s notice on the Registrar.

(4) A respondent’s notice must be in the form set out in the Practice Direction and where the respondent seeks leave to appeal to the Court of Appeal it must be requested in the respondent’s notice.

(5) A respondent’s notice must be served on the Registrar not later than 14 days after—

(a) the date the respondent is served with notification that the Court of Appeal has given the appellant leave to appeal; or

(b) the date the respondent is served with notification that the application for leave to appeal and the appeal itself are to be heard together.

(6) Unless the Registrar, a single judge or the Court of Appeal directs otherwise, the respondent serving a respondent’s notice must serve the notice on the appellant and any other respondent—

(a) as soon as practicable; and

(b) in any event not later than seven days,

after it is served on the Registrar.

Amendment and abandonment of appeal

73.4

(1) The appellant may amend a notice of appeal served under rule 73.2 or abandon an appeal under section 43 or 65 of the Proceeds of Crime Act 2002—

(a) without the permission of the Court at any time before the Court of Appeal have begun hearing the appeal; and

(b) with the permission of the Court after the Court of Appeal have begun hearing the appeal,

by serving notice in writing on the Registrar.

(2) Where the appellant serves a notice under paragraph (1), he must send a copy of it to each respondent.

Stay

73.5

Unless the Court of Appeal or the Crown Court orders otherwise, an appeal under section 43 or 65 of the Proceeds of Crime Act 2002 shall not operate as a stay of any order or decision of the Crown Court.

Striking out appeal notices and setting aside or imposing conditions on leave to appeal

73.6

(1) The Court of Appeal may—

(a) strike out the whole or part of a notice of appeal served under rule 73.2; or

(b) impose or vary conditions upon which an appeal under section 43 or 65 of the Proceeds of Crime Act 2002 may be brought.

(2) The Court of Appeal will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

(3) Where a party is present at the hearing at which leave to appeal was given, he may not subsequently apply for an order that the Court of Appeal exercise its powers under paragraph (1)(b).

Hearing of appeals

73.7

(1) This rule applies to appeals under section 43 or 65 of the Proceeds of Crime Act 2002.

(2) Every appeal will be limited to a review of the decision of the Crown Court unless the Court of Appeal considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(3) The Court of Appeal will allow an appeal where the decision of the Crown Court was—

(a) wrong; or

(b) unjust because of a serious procedural or other irregularity in the proceedings in the Crown Court.

(4) The Court of Appeal may draw any inference of fact which it considers justified on the evidence.

(5) At the hearing of the appeal a party may not rely on a matter not contained in his notice of appeal unless the Court of Appeal gives permission.

PART 74 — APPEAL OR REFERENCE TO THE SUPREME COURT

Contents of this Part

When this Part applies	rule 74.1
Application for permission or reference	rule 74.2
Determination of detention pending appeal, etc.	rule 74.3
Bail pending appeal	rule 74.4

When this Part applies

74.1

(1) This Part applies where—

(a) a party wants to appeal to the Supreme Court after—

(i) an application to the Court of Appeal to which Part 41 applies (retrial following acquittal for serious offence), or

(ii) an appeal to the Court of Appeal to which applies Part 66 (appeal to the Court of Appeal against ruling at preparatory hearing), Part 67 (appeal to the Court of Appeal against ruling adverse to prosecution), or Part 68 (appeal to the Court of Appeal about conviction or sentence); or

(b) a party wants to refer a case to the Supreme Court after a reference to the Court of Appeal to which Part 70 applies (reference to the Court of Appeal of point of law or unduly lenient sentencing).

(2) A reference to an ‘appellant’ in this Part is a reference to such a party.

[Note. Under section 33 of the Criminal Appeal Act 1968[^f00807], a party may appeal to the Supreme Court from a decision of the Court of Appeal on—

(a) an application to the court under section 76 of the Criminal Justice Act 2003[^f00808](prosecutor’s application for retrial after acquittal for serious offence). See also Part 41.

(b) an appeal to the court under—

(i) section 9 of the Criminal Justice Act 1987[^f00809]or section 35 of the Criminal Procedure and Investigations Act 1996[^f00810](appeal against order at preparatory hearing). See also Part 66.

(ii) section 47 of the Criminal Justice Act 2003[^f00811](appeal against order for non-jury trial after jury tampering.) See also Part 66.

(iii) Part 9 of the Criminal Justice Act 2003[^f00812](prosecutor’s appeal against adverse ruling). See also Part 67.

(iv) Part 1 of the Criminal Appeal Act 1968[^f00813](defendant’s appeal against conviction, sentence, etc.). See also Part 68.

Application for permission or reference

74.2

(1) An appellant must—

(a) apply orally to the Court of Appeal—

(i) for permission to appeal or to refer a sentencing case, or

(ii) to refer a point of law

immediately after the court gives the reasons for its decision; or

(b) apply in writing and serve the application on the Registrar and every other party not more than—

(i) 14 days after the court gives the reasons for its decision if that decision was on a sentencing reference to which Part 70 applies (Attorney General’s reference of sentencing case), or

(ii) 28 days after the court gives those reasons in any other case.

(2) An application for permission to appeal or to refer a sentencing case must—

(a) identify the point of law of general public importance that the appellant wants the court to certify is involved in the decision; and

(b) give reasons why—

(i) that point of law ought to be considered by the Supreme Court, and

(ii) the court ought to give permission to appeal.

(3) An application to refer a point of law must give reasons why that point ought to be considered by the Supreme Court.

(4) An application must include or attach any application for the following, with reasons—

(a) an extension of time within which to make the application for permission or for a reference;

(b) bail pending appeal;

(5) A written application must be in the form set out in the Practice Direction.

[Note. In some legislation, including the Criminal Appeal Act 1968, permission to appeal is described as ‘leave to appeal’.

Determination of detention pending appeal, etc.

74.3

On an application for permission to appeal, the Court of Appeal must—

(a) decide whether to order the detention of a defendant who would have been liable to be detained but for the decision of the court; and

(b) determine any application for—

(i) bail pending appeal,

(ii) permission to attend any hearing in the Supreme Court, or

(iii) a representation order.

[Note. For the liability of a defendant to be detained pending a prosecutor’s appeal to the Supreme Court and afterwards, see—

(a) section 37 of the Criminal Appeal Act 1968[^f00831].

(b) article 19 of The Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006[^f00832].

Bail pending appeal

74.4

Rules 68.8 (Application for bail pending appeal or retrial), 68.9 (Conditions of bail pending appeal or re-trial) and 68.10 (Forfeiture of a recognizance given as a condition of bail) apply.

PART 75 — REQUEST TO THE EUROPEAN COURT FOR A PRELIMINARY RULING

Contents of this Part

When this Part applies	rule 75.1
Preparation of request	rule 75.2
Submission of request	rule 75.3

When this Part applies

75.1

This Part applies where the court can request the Court of Justice of the European Union (‘the European Court’) to give a preliminary ruling, under Article 267 of the Treaty on the Functioning of the European Union.

[Note. Under Article 267, if a court of a MemberState considers that a decision on the question is necessary to enable it to give judgment, it may request the European Courtto give a preliminary ruling concerning—

(a) the interpretation of the Treaty on European Union, or of the Treaty on the Functioning of the European Union;

(b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union.]

Preparation of request

75.2

(1) The court may—

(a) make an order for the submission of a request—

(i) on application by a party, or

(ii) on its own initiative;

(b) give directions for the preparation of the terms of such a request.

(2) The court must—

(a) include in such a request—

(i) the identity of the court making the request,

(ii) the parties’ identities,

(iii) a statement of whether a party is in custody,

(iv) a succinct statement of the question on which the court seeks the ruling of the European Court,

(v) a succinct statement of any opinion on the answer that the court may have expressed in any judgment that it has delivered,

(vi) a summary of the nature and history of the proceedings, including the salient facts and an indication of whether those facts are proved, admitted or assumed,

(vii) the relevant rules of national law,

(viii) a summary of the relevant contentions of the parties,

(ix) an indication of the provisions of European Union law that the European Court is asked to interpret, and

(x) an explanation of why a ruling of the European Court is requested;

(b) express the request in terms that can be translated readily into other languages; and

Submission of request

75.3

(1) The court officer must serve the order for the submission of the request on the Senior Master of the Queen’s Bench Division of the High Court.

(2) The Senior Master must—

(a) submit the request to the European Court; but

(b) unless the court otherwise directs, postpone the submission of the request until—

(i) the time for any appeal against the order has expired, and

(ii) any appeal against the order has been determined.

PART 76 — COSTS

Contents of this Part

Section 1: general
When this Part applies	rule 76.1
Costs orders: general rules	rule 76.2
Court’s power to vary requirements under Sections 2, 3 and 4	rule 76.3

Section 2: costs out of central funds
Costs out of central funds	rule 76.4

Section 3: payment of costs by one party to another
Costs on conviction and sentence	rule 76.5
Costs on appeal	rule 76.6
Costs on an application	rule 76.7
Costs resulting from unnecessary or improper act, etc.	rule 76.8

Section 4: other costs orders
Costs against a legal representative	rule 76.9
Costs against a third party	rule 76.10

Section 5: assessment of costs
Assessment and re-assessment	rule 76.11
Appeal to a costs judge	rule 76.12
Appeal to a High Court judge	rule 76.13
Application for an extension of time under Section 5	rule 76.14

SECTION 1: GENERAL

When this Part applies

76.1

(1) This Part applies where the court can make an order about costs under—

(a) Part II of the Prosecution of Offences Act 1985[^f00834] and Part II, IIA or IIB of The Costs in Criminal Cases (General) Regulations 1986[^f00835];

(b) section 109 of the Magistrates’ Courts Act 1980[^f00836];

(d) section 8 of the Bankers Books Evidence Act 1879[^f00838];

(e) section 2C(8) of the Criminal Procedure (Attendance of Witnesses) Act 1965[^f00839];

(f) section 36(5) of the Criminal Justice Act 1972[^f00840];

(g) section 159(5) and Schedule 3, paragraph 11, of the Criminal Justice Act 1988[^f00841];

(h) section 14H(5) of the Football Spectators Act 1989[^f00842];

(i) section 4(7) of the Dangerous Dogs Act 1991[^f00843];

(j) Part 3 of The Serious Crime Act 2007 (Appeals under Section 24) Order 2008[^f00844]; or

(k) Part 1 or 2 of the Extradition Act 2003[^f00845].

(2) In this Part, ‘costs’ means—

(a) the fees payable to a legal representative;

(b) the disbursements paid by a legal representative; and

[Note. A costs order can be made under—

(a) section 16 of the Prosecution of Offences Act 1985[^f00846](defence costs), for the payment out of central funds of a defendant’s costs (see rule 76.4);

(b) section 17 of the Prosecution of Offences Act 1985[^f00847](prosecution costs), for the payment out of central funds of a private prosecutor’s costs (see rule 76.4);

(c) section 18 of the Prosecution of Offences Act 1985[^f00848](award of costs against accused), for the payment by a defendant of another person’s costs (see rules 76.5 and 76.6);

(d) section 19(1) of the Prosecution of Offences Act 1985[^f00849]and regulation 3 of The Costs in Criminal Cases (General) Regulations 1986, for the payment by a party of another party’s costs incurred as a result of an unnecessary or improper act or omission by or on behalf of the first party (see rule 76.8);

(e) section 19A of the Prosecution of Offences Act 1985[^f00850](costs against legal representatives, etc.)—

(i) for the payment by a legal representative of a party’s costs incurred as a result of an improper, unreasonable or negligent act or omission by or on behalf of the representative, or

(ii) disallowing the payment to that representative of such costs

(see rule 76.9);

(f) section 19B of the Prosecution of Offences Act 1985[^f00851](provision for award of costs against third parties) and regulation 3F of The Costs in Criminal Cases (General) Regulations 1986[^f00852], for the payment by a person who is not a party of a party’s costs where there has been serious misconduct by the non-party (see rule 76.10);

(g) section 109 of the Magistrates’ Courts Act 1980, section 52 of the Senior Courts Act 1981 and rule 76.6, for the payment by an appellant of a respondent’s costs on abandoning an appeal to the Crown Court (see rule 76.6);

(h) section 52 of the Senior Courts Act 1981 and rule 76.6, for the payment by a party of another party’s costs on an appeal to the Crown Court in any case not covered by (c) or (g) (see rule 76.6);

(i) section 8 of the Bankers Books Evidence Act 1879, for the payment of costs by a party or by the bank against which an application for an order is made (see rule 76.7);

(j) section 2C(8) of the Criminal Procedure (Attendance of Witnesses) Act 1965, for the payment by the applicant for a witness summons of the costs of a party who applies successfully under rule 28.7 to have it withdrawn (see rule 76.7);

(k) section 36(5) of the Criminal Justice Act 1972 or Schedule 3, paragraph 11, of the Criminal Justice Act 1988, for the payment out of central funds of a defendant’s costs on a reference by the Attorney General of—

(i) a point of law, or

(ii) an unduly lenient sentence

(see rule 76.4);

(l) section 159(5) of the Criminal Justice Act 1988, for the payment by a person of another person’s costs on an appeal about a reporting or public access restriction (see rule 76.6);

(m) section 14H(5) of the Football Spectators Act 1989, for the payment by a defendant of another person’s costs on an application to terminate a football banning order (see rule 76.7);

(n) section 4(7) of the Dangerous Dogs Act 1991, for the payment by a defendant of another person’s costs on an application to terminate a disqualification for having custody of a dog (see rule 76.7);

(o) article 14 of The Serious Crime Act 2007 (Appeals under Section 24) Order 2008[^f00853], corresponding with section 16 of the Prosecution of Offences Act 1985 (see rule 76.4);

(p) article 15 of The Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with section 18 of the Prosecution of Offences Act 1985 (see rule 76.6);

(q) article 16 of The Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with an order under section 19(1) of the 1985 Act (see rule 76.8);

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

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

(t) section 60 or 133 of the Extradition Act 2003 (costs where extradition ordered) for the payment by a defendant of another person’s costs; or

(u) section 61 or 134 of the Extradition Act 2003[^f00854](costs where discharge ordered) for the payment out of central funds of a defendant’s costs.

Costs orders: general rules

76.2

(1) The court must not make an order about costs unless each party and any other person directly affected—

(a) is present; or

(b) has had an opportunity—

(i) to attend, or

(ii) to make representations.

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

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

(b) without a hearing.

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

(a) the conduct of all the parties; and

(b) any costs order already made.

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

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

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

(5) The court must give reasons if it—

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

(b) rejects representations opposing a costs order.

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

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

(i) actually, reasonably and properly incurred, and

(ii) reasonable in amount; but

(b) the court may order the payment of—

(i) a proportion of that amount,

(ii) a stated amount less than that amount,

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

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

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

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

(a) the conduct of all the parties;

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

(d) the time spent on the case;

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

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

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

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

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

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

76.3

(1) The court may—

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

(b) consider an application or representations—

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

(ii) made orally instead of in writing.

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

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

(b) explain the delay.

SECTION 2: COSTS OUT OF CENTRAL FUNDS

Costs out of central funds

76.4

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

(2) In this rule, costs—

(a) include—

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

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

(b) do not include costs met by legal aid.

(3) The court may make an order—

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

(b) on its own initiative.

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

(a) apply as soon as practicable; and

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

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

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

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

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

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

(6) If the court makes an order—

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

(i) Part III of The Costs in Criminal Cases (General) Regulations 1986[^f00865], or

(ii) Part 3 of The Serious Crime Act 2007 (Appeals under Section 24) Order 2008[^f00866];

(b) the court may assess the amount itself in a case in which either—

(i) the recipient agrees the amount, or

(ii) the court decides to allow a lesser sum than that which is reasonably sufficient to compensate the recipient for expenses properly incurred in the proceedings;

(c) an order for the payment of a defendant’s costs which includes an amount in respect of fees payable to a legal representative, or disbursements paid by a legal representative, must include a statement to that effect.

(7) If the court directs an assessment, the order must specify any restriction on the amount to be paid that the court considers appropriate.

(8) If the court assesses the amount itself, it must do so subject to any restriction on the amount to be paid that is imposed by regulations made by the Lord Chancellor.

[Note. See also rule 76.2.

SECTION 3: PAYMENT OF COSTS BY ONE PARTY TO ANOTHER

Costs on conviction and sentence

76.5

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

(a) convicted or found guilty;

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

(d) in an extradition case—

(i) ordered to be extradited, under Part 1 of the Extradition Act 2003, or

(ii) sent for extradition to the Secretary of State, under Part 2 of that Act.

(2) The court may make an order—

(a) on application by the prosecutor; or

(b) on its own initiative.

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

(a) the prosecutor must—

(i) apply as soon as practicable, and

(ii) specify the amount claimed; and

(b) the general rule is that the court must make an order if it is satisfied that the defendant can pay.

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

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

[Note. See—

(a) rule 76.2;

(b) section 18 of the Prosecution of Offences Act 1985[^f00873]and regulation 14 of The Costs in Criminal Cases (General) Regulations 1986; and

Costs on appeal

76.6

(1) This rule—

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

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

(i) section 108 of the Magistrates’ Courts Act 1980[^f00874], or

(ii) section 45 of the Mental Health Act 1983[^f00875].

(2) In this rule, costs include—

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

(b) costs met by legal aid.

(3) The court may make an order—

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

(b) on its own initiative.

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

(a) apply as soon as practicable;

(b) notify each other party;

(i) the amount claimed, and

(ii) against whom; and

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

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

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

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

(a) make representations as soon as practicable; and

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

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

(a) submit it to the Crown Court; or

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

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

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

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

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

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

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

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

[Note. See also rule 76.2.

Costs on an application

76.7

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

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

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

(i) a football banning order, or

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

(2) The court may make an order—

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

(b) on its own initiative.

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

(a) apply as soon as practicable;

(b) notify each other party; and

(i) the amount claimed, and

(ii) against whom.

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

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

[Note. See—

(a) rule 76.2;

(b) section 8 of the Bankers Books Evidence Act 1879[^f00880];

(d) section 2C(8) of the Criminal Procedure (Attendance of Witnesses) Act 1965[^f00882]; and

(e) section 4(7) of the Dangerous Dogs Act 1991[^f00883].]

Costs resulting from unnecessary or improper act, etc.

76.8

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

(2) In this rule, costs include costs met by legal aid.

(3) The court may make an order—

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

(b) on its own initiative.

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

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on—

(i) the court officer (or, in the Court of Appeal, the Registrar), and

(ii) each other party;

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

(ii) the relevant act or omission,

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

(iv) the amount claimed, and

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

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

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

(b) specify—

(i) the relevant act or omission,

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

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

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

(a) make representations as soon as practicable; and

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

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

[Note. See—

(a) rule 76.2;

(b) section 19(1) of the Prosecution of Offences Act 1985[^f00884]and regulation 3 of The Costs in Criminal Cases (General) Regulations 1986[^f00885]; and

SECTION 4: OTHER COSTS ORDERS

Costs against a legal representative

76.9

(1) This rule applies where—

(a) a party has incurred costs—

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

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

(b) the court can—

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

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

(2) In this rule, costs include costs met by legal aid.

(3) The court may make an order—

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

(b) on its own initiative.

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

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on—

(i) the court officer (or, in the Court of Appeal, the Registrar),

(ii) the representative responsible,

(iii) each other party, and

(iv) any other person directly affected;

(i) the representative responsible,

(ii) the relevant act or omission,

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

(iv) the amount claimed, and

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

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

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

(b) specify—

(i) the relevant act or omission,

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

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

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

(a) make representations as soon as practicable; and

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

(7) If the court makes an order—

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

(b) it must assess the amount itself.

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

(a) a party’s costs are—

(i) to be met by legal aid, or

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

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

[Note. See—

(a) rule 76.2;

(b) section 19A of the Prosecution of Offences Act 1985[^f00887];

Costs against a third party

76.10

(1) This rule applies where—

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

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

(2) In this rule, costs include costs met by legal aid.

(3) The court may make an order—

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

(b) on its own initiative.

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

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on—

(i) the court officer (or, in the Court of Appeal, the Registrar),

(ii) the person responsible,

(iii) each other party, and

(iv) any other person directly affected;

(i) the person responsible,

(ii) the relevant misconduct,

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

(iv) the amount claimed, and

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

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

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

(b) specify—

(i) the relevant misconduct,

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

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

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

(a) make representations as soon as practicable; and

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

(7) If the court makes an order—

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

(b) it must assess the amount itself.

[Note. See—

(a) rule 76.2;

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

SECTION 5: ASSESSMENT OF COSTS

Assessment and re-assessment

76.11

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

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

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

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

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

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

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

(a) apply for an assessment—

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

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

(b) serve the application on—

(i) the assessing authority, and

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

(4) The applicant must—

(a) summarise the work done;

(b) specify—

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

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

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

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

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

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

(a) do so in writing; and

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

(6) The assessing authority must—

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

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

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

(a) that party must—

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

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

(iii) explain the objections to the assessment,

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

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

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

(i) do so in writing,

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

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

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

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

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

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

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

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

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

(a) by the assessing authority, or

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

Appeal to a costs judge

76.12

(1) This rule applies where—

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

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

(2) That party must—

(a) serve an appeal notice on—

(i) the Senior Costs Judge,

(ii) the other party, and

(iii) the assessing authority

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

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

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

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

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

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

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

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

(a) serve representations in writing on—

(i) the Senior Costs Judge, and

(ii) the applicant

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

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

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

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

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

(5) A costs judge—

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

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

(i) consult the assessing authority,

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

(iii) obtain any other information or document;

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

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

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

(g) must serve reasons for the decision on—

(i) the parties, and

(ii) the assessing authority.

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

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

Appeal to a High Court judge

76.13

(1) This rule applies where—

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

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

(2) A party who wants to appeal—

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

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

(i) the costs judge,

(ii) the other party

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

(3) That party must—

(a) appeal to a judge of the High Court attached to the Queen’s Bench Division as if it were an appeal from the decision of a master under Part 52 of the Civil Procedure Rules 1998[^f00889]; and

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

(4) A High Court judge—

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

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

[Note. See also section 70 of the Senior Courts Act 1981[^f00890].]

Application for an extension of time under Section 5

76.14

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

(a) apply in writing;

(b) explain the delay; and

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

Signed

Judge, C.J. — Rafferty, L.J. — Thomas, P. — Openshaw, J. — Anna Guggenheim — Martin Picton — Stephen Earl — Nicholas Moss — Richard Chown — Tessa Szagun — Keir Starmer — Patrick Gibbs — Nathaniel Rudolf — Michael Caplan — Paul Harris — David Kenyon — Matthew Evans

I allow these Rules, which shall come into force on 7th October 2013.

Chris Grayling — Lord Chancellor — 19th June 2013

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

The Criminal Procedure Rules 2013 consolidate the Criminal Procedure Rules 2012, S.I. 2012/1726, with the amendments made by S.I. 2012/3089. The new Rules incorporate the further amendments listed beneath. Otherwise, they reproduce the rules that they supersede.

Rule	Amendment
Part 2	Rule 2.1(3) and (4) are amended, to provide for the transition to these new rules.
Part 3	Rule 3.8(3) is amended to require the defendant to give notice of the identity of the intended defence trial advocate.
Part 4	Rule 4.2(2) is amended to clarify the nature of the obligation imposed.
Part 5	Rule 5.7 is amended to supply the procedure on an application for information from court records by a person affected by an order made or a warrant issued (for example, a search warrant) in that person’s absence. Rules 5.1, 5.7(5) and 5.8(5) and (7) are amended to clarify the nature of the obligations imposed.
Part 6	Rule 6.1 is amended to extend the scope of Part 6 to an application to a justice of the peace for a search warrant, and to an application or appeal concerning the retention of fingerprints, samples and DNA profiles by the police. Rules 6.2(c) and 6.5 are amended in consequence. Rules 6.29 to 6.33 are added to govern the procedure on an application for a search warrant. Rules 6.34 to 6.36 are added to govern the procedure on fingerprint, etc. retention applications and appeals. The Part title and table of contents are amended correspondingly. Rules 6.3(1)(a), 6.12(4)(a), 6.21(4)(a) and 6.23(1)(a) and (2)(a) are amended to clarify the nature of the obligations imposed.
Part 9	Rule 9.16 is added to supply the procedure on an application to dismiss a charge sent to the Crown Court for trial, in substitution for the rules formerly in Part 13. The table of contents is amended correspondingly.
Part 10	The rules about committal for trial, formerly in this Part, are omitted. The rules about initial details of the prosecution case, formerly in Part 21, are removed to this Part.
Part 11	The Part is omitted.
Part 13	The Part is omitted.
Part 15	Rule 15.4(4)(a) and (5)(a) are amended to clarify the nature of the obligations imposed.
Part 16	Rule 16.6(6)(a) and (7)(a) are amended to clarify the nature of the obligations imposed.
Part 17	The Part is replaced.
Part 19	Rule 19.4(4) is added to include in the list of information that the magistrates’ court officer must give the defendant where bail is withheld a statutory certificate that the court heard full argument. Rule 19.8(3) is amended to require the defendant to pass that certificate to the Crown Court officer on making an application under that rule. Rule 19.9(6) is amended to remove the requirement for the Crown Court officer to send information to the High Court on a prosecutor’s appeal against a grant of bail from the Crown Court to the High Court.
Part 21	The rules about initial details of the prosecution case, formerly in this Part, are removed to Part 10.
Part 22	Rules 22.3(6)(a) and (7)(a) and 22.6(6)(a) and (7)(a) are amended to clarify the nature of the obligations imposed.
Part 29	Rules 29.12(4)(a), 29.18(1)(a) and 29.19(3)(a) are amended to clarify the nature of the obligations imposed.
Part 32	Rule 32.10(2)(a) is amended to clarify the nature of the obligation imposed.
Part 34	Rule 34.4(2) is amended to clarify the nature of the obligation imposed.
Part 37	Rules 37.10(5)(c) and 37.11(3) are amended to clarify the nature of the obligations imposed.
Part 41	Rules 41.8(2), 41.12(3) and 41.13(2) are amended to remove typographical errors.
Part 42	Rule 42.11(2) is amended to clarify the prosecutor’s obligations on applying for a sentence review.
Part 50	Rule 50.3 is amended to require that a draft of any proposed sexual offences prevention order must be served not less that 2 business days before the hearing at which the order may be made. The table of contents is amended correspondingly.
Part 52	Rules 52.4(3), 52.6(4)(a) and 52.10(4)(a) are amended to clarify the nature of the obligations imposed.
Part 55	Rule 55.5(7) is amended to clarify the nature of the obligation imposed.
Part 60	Rule 60.7(6) is amended to clarify the nature of the obligation imposed.
Part 61	Rules 61.15(1) and 61.19(3) are amended to clarify the nature of the obligations imposed.
Part 62	Rules 62.8(3) and 62.10(3) are amended to clarify the nature of the obligations imposed.
Part 75	Rule 75.3(2) is amended to clarify the nature of the obligation imposed. Rule 75.4 is omitted. The table of contents is amended correspondingly.
Part 76	Rules 76.2(6), 76.4(5), 76.5(3), 76.9(7) and 76.10(7) are amended to clarify the nature of the obligations imposed.

Amendments to notes to rules. The notes at the end of Part 3 and at the end of Part 19, and the notes to rules 5.4, 5.8, 5.9, 6.1, 9.1, 9.3, 9.5, 9.6, 9.7, 14.1, 16.1, 19.6, 19.7, 19.9, 19.16, 50.3, 55.2 and 68.11, all are amended to bring up to date the cross-references they contain.

The Glossary entries for ‘committal proceedings’, ‘estreatment’, ‘examining justices’ and ‘notice of transfer’ are removed. Those expressions no longer appear in the Rules.

These Rules come into force on 7th October 2013.

Footnotes

[^f00001]: S.I. 2012/1726; amended by S.I. 2012/3089.

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

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

[^f00004]: 2002 c. 29.

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

[^f00006]: 1977 c. 45; section 48 was amended by paragraph 190 of Schedule 8 to the Courts Act 2003 (c. 39).

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

[^f00008]: 1984 c. 60; section 81 was amended by paragraph 286 of Schedule 8 to, the Courts Act 2003 (c. 39).

[^f00009]: 1996 c. 25; section 20(3) was amended by paragraph 378 of Schedule 8 to, the Courts Act 2003 (c. 39).

[^f00010]: 2003 c. 44.

[^f00011]: 2003 c. 44; section 174 was substituted by section 64 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

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

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

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

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

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

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

[^f00018]: S.I. 2012/1726; amended by S.I. 2012/3089.

[^f00019]: S.I. 2005/384; amended by S.I. 2006/353, 2006/2636, 2007/699, 2007/2317, 2007/3662, 2008/2076, 2008/3269 and 2009/2087.

[^f00020]: S.I. 2004/2035.

[^f00021]: S.I. 2004/2066.

[^f00022]: 1965 c. 45; the Act was repealed by section 218(a) of, and Schedule 4 to, the Extradition Act 2003 (c. 41).

[^f00023]: 1989 c. 33; the Act was repealed by section 218(b) of, and Schedule 4 to, the Extradition Act 2003 (c. 41) with savings and territorial exceptions.

[^f00024]: 2003 c. 41.

[^f00025]: S.I. 2003/3103.

[^f00026]: S.I. 2003/3103; article 3 was substituted by article 2 of S.I. 2003/3312.

[^f00027]: 1996 c. 25; section 7A was inserted by section 37 of the Criminal Justice Act 2003 (c. 44).

[^f00028]: 1996 c. 25.

[^f00029]: S.I. 2011/209.

[^f00030]: 1980 c. 43; section 1 was amended by section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c.53), sections 43 and 109 of, and Schedule 10 to, the Courts Act 2003 (c. 39), section 31 of, and paragraph 12 of Schedule 7 to, the Criminal Justice Act 2003 (c. 44) and section 153 of the Police Reform and Social Responsibility Act 2011. It is further amended by paragraphs 7 and 8 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

[^f00031]: 2003 c. 44; section 29 has been brought into force for certain purposes only (see S.I. 2007/1999, S.I. 2008/1424 and S.I. 2009/2879). It was amended by section 50 of, and paragraph 130 of Schedule 4 to, the Commissioners for Revenue and Customs Act 2005 (c. 11) and section 59 of, and paragraph 196 of Schedule 4 to, the Serious Organised Crime and Police Act 2005 (c. 15).

[^f00032]: 1980 c. 43; section 122 was amended by section 125(3) of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 1990 (c. 41).

[^f00033]: 2007 c. 29.

[^f00034]: 1925 c. 86.

[^f00035]: 1980 c. 43.

[^f00036]: 1980 c. 43; Schedule 3 was amended by sections 25(2) and 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991 (c. 53), section 47 of, and paragraph 13 of Schedule 1 to, the Criminal Procedure and Investigations Act 1996 (c. 25) (in relation to proceedings begun on or after 1 April 1997) and paragraph 51 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44).

[^f00037]: 1985 c. 23; section 3 was amended by section 15 of, and paragraph 13 of Schedule 2 to, the Criminal Justice Act 1987 (c. 38), paragraph 39 of Schedule 7 to the Police Act 1996 (c. 16), section 134 of, and paragraph 48 of Schedule 9 to, the Police Act 1997 (c. 50), section 164 of the Immigration and Asylum Act 1999 (c. 33), paragraph 10 of Schedule 7 to the Police Reform Act 2002 (c. 30), sections 86 and 92 of, and Schedule 3 to, the Anti-social Behaviour Act 2003 (c. 38), section 190 of the Extradition Act 2003 (c. 41), section 7 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19), section 40 of, and paragraph 41 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4), sections 59, 140 and 174 of, and paragraph 47 of Schedule 4 and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005 (c. 15), sections 7, 8 and 52 of, and paragraph 15 of Schedule 3 to, the Violent Crime Reduction Act 2006 (c. 38), section 74 of, and paragraph 149 of Schedule 8 to, the Serious Crime Act 2007 (c. 27) and paragraph 171 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13).

[^f00038]: 1972 c. 70; section 223 was amended by paragraph 9 of Schedule 3 to the Solicitors Act 1974 (c. 47), section 134 of, and Schedule 10 to, the Police Act 1977 (c. 50), section 84 of, and paragraph 21 of Schedule 14 to, the Local Government Act 1985 (c. 51), section 237 of, and Schedule 13 to, the Education Reform Act 1988 (c. 40), section 120 of, and paragraph 17 of Schedule 22 and Schedule 24 to, the Environment Act 1995 (c. 25), paragraph 1 of Schedule 7 to the Police Act 1996 (c. 16), paragraphs 1 and 13 of Schedule 13 to the Local Government and Public Involvement in Health Act 2007 (c. 28), section 208 of, and paragraph 28 of Schedule 21 to, the Legal Services Act 2007 (c. 29), paragraphs 10 and 24 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20), paragraphs 100 and 109 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and article 2 of, and paragraphs 1 and 2 of the Schedule to, S.I. 2001/3719.

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