The Criminal Procedure (Amendment No. 2) Rules 2013

Made: 16th December 2013

Laid before Parliament: 17th December 2013

Coming into force in accordance with rule 2

The Criminal Procedure Rule Committee makes the following Rules under section 69 of the Courts Act 2003[^f00001], after consulting in accordance with section 72(1)(a) of that Act.

Citation, commencement and interpretation

1

These Rules may be cited as the Criminal Procedure (Amendment No. 2) Rules 2013.

2

Rule 7 of these Rules shall come into force on 24th February 2014 and rules 4, 5, 6, 8 and 9 on 7th April 2014.

3

In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 2013[^f00002].

Amendments to the Criminal Procedure Rules 2013

4

In rule 2.2 (Definitions), in paragraph (1), for ‘the Lord Chief Justice’s Consolidated Criminal Practice Direction’ substitute ‘the Lord Chief Justice’s Criminal Practice Directions’.

5

In rule 5.8 (Supply to the public, including reporters, of information about a case)—

• (a) for paragraph (1) substitute—

(1) This rule— (a) applies where a member of the public, including a reporter, wants information about a case from the court officer; (b) requires the court officer to publish information about cases due to be heard.

• (b) in paragraph (2), for ‘Such a person must’ substitute ‘A person who wants information about a case from the court officer must’; and

• (c) after paragraph (8), insert—

(9) The court officer must publish the information listed in paragraph (11) if— (a) the information is available to the court officer; (b) the hearing to which the information relates is due to take place in public; and (c) the publication of the information is not prohibited by a reporting restriction. (10) The court officer must publish that information— (a) by notice displayed somewhere prominent in the vicinity of the court room in which the hearing is due to take place; (b) by such other arrangements as the Lord Chancellor directs, including arrangements for publication by electronic means; and (c) for no longer than 2 business days. (11) The information that paragraph (9) requires the court officer to publish is— (a) the date, time and place of the hearing; (b) the identity of the defendant; and (c) such other information as it may be practicable to publish concerning— (i) the type of hearing, (ii) the identity of the court, (iii) the offence or offences alleged, and (iv) whether any reporting restriction applies.

6

In Part 9 (Allocation and sending for trial)—

• (a) in rule 9.2 (Exercise of magistrates’ court’s powers)—

• (i) in paragraph (5), for ‘deals with more than one offence alleged against the same defendant, it must deal with them’ substitute ‘deals with two or more offences alleged against the same defendant, the court must deal with those offences’, and

• (ii) after paragraph (5) insert—

(6) Where the court on the same occasion deals with two or more defendants charged jointly with an offence that can be tried in the Crown Court then in the following sequence— (a) the court must explain, in terms each defendant can understand (with help, if necessary), that if the court sends one of them to the Crown Court for trial then the court must send for trial in the Crown Court, too, any other of them— (i) who is charged with the same offence as the defendant sent for trial, or with an offence which the court decides is related to that offence, (ii) who does not wish to plead guilty to each offence with which he or she is charged, and (iii) (if that other defendant is under 18, and the court would not otherwise have sent him or her for Crown Court trial) where the court decides that sending is necessary in the interests of justice even if the court by then has decided to allocate that other defendant for magistrates’ court trial; and (b) the court may ask the defendants questions to help it decide in what order to deal with them. (7) After following paragraph (5), if it applies, where the court on the same occasion— (a) deals with two or more defendants charged jointly with an offence that can be tried in the Crown Court; (b) allocates any of them to a magistrates’ court for trial; and (c) then sends another one of them to the Crown Court for trial, the court must deal again with each one whom, on that occasion, it has allocated for magistrates’ court trial.

• (b) in rule 9.7(3)(b)(i), after ‘there’ insert ‘or because the court for some other reason is required to send that offence for trial’.

7

In Part 12, insert the Part set out in the Schedule to these Rules.

8

In Part 62 (Contempt of court)—

• (a) in the note to rule 62.5 (Initial procedure on obstruction, disruption, etc.), before the first paragraph insert—

The conduct to which this rule applies is sometimes described as criminal contempt of court.

; and

• (b) in the note to rule 62.9 (Initial procedure on failure to comply with court order, etc.), before the first paragraph insert—

The conduct to which this rule applies is sometimes described as civil contempt of court.

9

In Part 76 (Costs)—

• (a) in rule 76.1 (When this Part applies), in paragraph (1)(c), after ‘rule 76.6’ insert ‘or rule 76.7’;

• (b) in the note to rule 76.1, for paragraph (h) substitute—

(h) section 52 of the Senior Courts Act 1981[^f00003] and— (i) 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), (ii) rule 76.7, for the payment by a party of another party’s costs on an application to the Crown Court about the breach or variation of a deferred prosecution agreement, or on an application to lift the suspension of a prosecution after breach of such an agreement;

• (c) in the note to rule 76.4 (Costs out of central funds)—

• (i) in sub-paragraph (a)(ii) of the last paragraph, delete ‘or’;

• (ii) after that sub-paragraph insert—

(iii) in the Crown Court, where the defendant has been sent for trial, the High Court gives permission to serve a draft indictment or the Court of Appeal orders a retrial and the defendant has been found financially ineligible for legal aid, or

, and

• (iii) renumber sub-paragraph (a)(iii) accordingly;

• (d) in rule 76.7 (Costs on an application), for paragraph (1) substitute—

(1) This rule— (a) applies where the court can order a party to pay another person’s costs in a case in which— (i) the court decides an application for the production in evidence of a copy of a bank record, (ii) a magistrates’ court or the Crown Court decides an application to terminate a football banning order, (iii) a magistrates’ court or the Crown Court decides an application to terminate a disqualification for having custody of a dog, (iv) the Crown Court allows an application to withdraw a witness summons, or (v) the Crown Court decides an application relating to a deferred prosecution agreement under rule 12.5 (breach), rule 12.6 (variation) or rule 12.7 (lifting suspension of prosecution); (b) authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs on an application to that court under rule 12.5, 12.6 or 12.7.

; and

• (e) in the note to rule 76.7, after paragraph (e) insert—

Section 52 of the Senior Courts Act 1981 allows rules of court to authorise the Crown Court to order costs.

SCHEDULE

Signed

Thomas of Cwmgiedd, C.J. — Rafferty, L.J. — Leveson, P. — Openshaw, J. — Anna Guggenheim — Martin Picton — Stephen Earl — Nicholas Moss — Richard Chown — Tessa Szagun — Alison Saunders — Patrick Gibbs — Nathaniel Rudolf — Michael Caplan — Paul Harris — Lynne Owens — Matthew Evans

I allow these Rules, which shall come into force in accordance with rule 2.

Chris Grayling — Lord Chancellor — 16th December 2013

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules make the following amendments to the Criminal Procedure Rules 2013, S.I. 2013/1554:

The notes to rules 62.5 and 62.9 are amended to include references to the names by which the types of contempt of court with which each rule deals are sometimes described elsewhere.

The note to rule 76.4 is amended to take account of the Costs in Criminal Cases (General) (Amendment) (No 2) Regulations 2013, S.I. 2013/2830.

The new Part 12 comes into force on 24th February 2014 and the other changes made by these Rules come into force on 7th April 2014.

Footnotes

[^f00001]: 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).

[^f00002]: S.I. 2013/1554; amended by S.I. 2013/2525.

[^f00003]: 1981 c. 54. 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).

[^f00004]: 2013 c. 22; Schedule 17 comes into force on a date to be appointed.

[^f00005]: 1933 c. 36; section 2 was amended by Part IV of Schedule 11 to, the Courts Act 1971 (c. 23), Schedule 5 to, the Senior Courts Act 1981 (c. 54), Schedule 2 to the Prosecution of Offences Act 1985 (c. 23), paragraph 1 of Schedule 2 to the Criminal Justice Act 1987 (c. 38), paragraph 10 of Schedule 15 to the Criminal Justice Act 1988 (c. 33), paragraph 8 of Schedule 6 to the Criminal Justice Act 1991 (c. 53), Schedule 1 to the Statute Law (Repeals) Act 1993, paragraph 17 of Schedule 1 to the Criminal Procedure and Investigations Act 1996 (c. 25), paragraph 5 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37), paragraph 1 of the Schedule to S.I. 2004/2035, paragraph 34 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) and sections 116 and 178 of, and Part 3 of Schedule 23 to, the Coroners and Justice Act 2009 (c. 25). It is further amended by paragraph 32 of Schedule 17 to the Crime and Courts Act 2013 (c. 22), with effect from a date to be appointed.

[^f00006]: 1967 c. 80.