Legalize / United Kingdom / Statutory-Instrument

The Criminal Procedure Rules 2015

Type Statutory-Instrument

Publication 2015-07-03

Last updated 2020-10-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(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

6.7

(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

6.8

(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.

SOUND RECORDING AND ELECTRONIC COMMUNICATION

Sound recording and electronic communication

6.9

(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

6.10

(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 6.2(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[^f00150], the court can forfeit any device or recording used or made in contravention of section 9(1) of the Act.]

PART 7 — STARTING A PROSECUTION IN A MAGISTRATES' COURT

Contents of this Part

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

When this Part applies

7.1

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

(a) a prosecutor wants the court to issue a summons or warrant under section 1 of the Magistrates’ Courts Act 1980[^f00151];

(b) a prosecutor with the power to do so issues—

(i) a written charge and requisition, or

(ii) a written charge and single justice procedure notice

under section 29 of the Criminal Justice Act 2003[^f00152];

(2) In this Part, ‘authorised prosecutor’ means a prosecutor authorised under section 29 of the Criminal Justice Act 2003 to issue a written charge and requisition or single justice procedure notice.

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

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

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

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

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

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

Information and written charge

7.2

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

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

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

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

(a) serve on the court officer—

(i) an information in writing, or

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

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

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

(4) A single document may contain—

(a) more than one information; or

(b) more than one written charge.

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

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

(b) an authorised prosecutor must issue a written charge,

not more than 6 months after the offence alleged.

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

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

(b) an authorised prosecutor must issue a written charge,

within any time limit that applies to that offence.

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

Allegation of offence in information or charge

7.3

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

(a) a statement of the offence that—

(i) describes the offence in ordinary language, and

(ii) identifies any legislation that creates it; and

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

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

Summons, warrant and requisition

7.4

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

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

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

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

(3) A summons or requisition must—

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

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

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

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

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

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

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

(6) Where the court issues a summons—

(a) the prosecutor must—

(i) serve it on the defendant, and

(ii) notify the court officer; or

(b) the court officer must—

(i) serve it on the defendant, and

(ii) notify the prosecutor.

(7) Where an authorised prosecutor issues a requisition that prosecutor must—

(a) serve on the defendant—

(i) the requisition, and

(ii) the written charge; and

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

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

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

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

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

[Note. Part 13 contains other rules about warrants.

PART 8 — INITIAL DETAILS OF THE PROSECUTION CASE

Contents of this Part

When this Part applies	rule 8.1
Providing initial details of the prosecution case	rule 8.2
Content of initial details	rule 8.3

When this Part applies

8.1

This Part applies in a magistrates’ court.

Providing initial details of the prosecution case

8.2

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

(a) as soon as practicable; and

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

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

(a) as soon as practicable; and

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

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

Content of initial details

8.3

Initial details of the prosecution case must include—

(a) where, immediately before the first hearing in the magistrates’ court, the defendant was in police custody for the offence charged—

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

(ii) the defendant’s criminal record, if any;

(b) where paragraph (a) does not apply—

(i) a summary of the circumstances of the offence,

(ii) any account given by the defendant in interview, whether contained in that summary or in another document,

(iii) any written witness statement or exhibit that the prosecutor then has available and considers material to plea, or to the allocation of the case for trial, or to sentence,

(iv) the defendant’s criminal record, if any, and

(v) any available statement of the effect of the offence on a victim, a victim’s family or others.

PART 9 — ALLOCATION AND SENDING FOR TRIAL

Contents of this Part

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

Sending without allocation for Crown Court trial
Prosecutor's notice requiring Crown Court trial	rule 9.6
Sending for Crown Court trial	rule 9.7

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

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

GENERAL RULES

When this Part applies

9.1

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

(a) sections 17A to 26 of the Magistrates’ Courts Act 1980[^f00160]; and

(b) sections 50A to 52 of the Crime and Disorder Act 1998[^f00161].

(2) Rules 9.6 and 9.7 apply in a magistrates’ court where the court must, or can, send a defendant to the Crown Court for trial, without allocating the case for trial there.

(3) Rules 9.8 to 9.14 apply in a magistrates’ court where the court must allocate the case to a magistrates’ court or to the Crown Court for trial.

(4) Rules 9.15 and 9.16 apply in the Crown Court, where a defendant is sent for trial there.

[Note. A magistrates’ court’s powers to send a defendant to the Crown Court for trial are contained in section 51 of the Crime and Disorder Act 1998[^f00162].

Exercise of magistrates' court's powers

9.2

(1) This rule applies to the exercise of the powers to which rules 9.6 to 9.14 apply.

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

(a) withhold information from the public; or

(b) order a hearing in private.

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

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

(i) the defendant is represented, and

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

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

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

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

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

(a) if either party asks; or

(b) on its own initiative.

(5) Where the court on the same occasion deals with two or more offences alleged against the same defendant, the court must deal with those offences in the following sequence—

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

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

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

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

(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

the court must deal again with each one whom, on that occasion, it has allocated for magistrates’ court trial.

[Note. See sections 50A, 51, 51A and 52 of the Crime and Disorder Act 1998[^f00167]and sections 17A, 17B, 17C, 18, 23, 24A, 24B and 24C of the Magistrates’ Courts Act 1980[^f00168].

Matters to be specified on sending for trial

9.3

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

(a) each offence to be tried;

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

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

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

(a) the convenience of the parties and witnesses;

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

[Note. See sections 51 and 51D of the Crime and Disorder Act 1998[^f00172].]

Duty of justices' legal adviser

9.4

(1) This rule applies—

(a) only in a magistrates’ court; and

(b) unless the court—

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

(ii) otherwise directs.

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

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

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

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

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

(iii) sentence.

(3) A justices’ legal adviser must—

(a) assist an unrepresented defendant;

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

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

[Note. For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003[^f00173].]

Duty of magistrates' court officer

9.5

(1) The magistrates’ court officer must—

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

(i) the Crown Court officer, and

(ii) the parties;

(b) in that notice record—

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

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

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

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

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

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

(a) the initial details of the prosecution case served by the prosecutor under rule 8.2;

(b) a record of any—

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

(ii) direction about reporting restrictions,

(iii) decision about bail, for the purposes of section 5 of the Bail Act 1976[^f00174],

(iv) recognizance given by a surety, or

(v) representation order; and

(i) interpreter,

(ii) intermediary, or

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

[Note. See sections 51 and 51D of the Crime and Disorder Act 1998[^f00175],and section 20A of the Magistrates’ Courts Act 1980[^f00176].]

SENDING WITHOUT ALLOCATION FOR CROWN COURT TRIAL

Prosecutor's notice requiring Crown Court trial

9.6

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

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

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

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

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

(b) before trial in a magistrates’ court begins under Part 24 (Trial and sentence in a magistrates’ court).

(3) The notice must identify—

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

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

(4) The prosecutor—

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

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

[Note. Under section 51B of the Crime and Disorder Act 1998[^f00177], the Director of Public Prosecutions or a Secretary of State may require the court to send a case for trial in the Crown Court if, in that prosecutor’s opinion, the evidence of the offence charged—

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

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

Sending for Crown Court trial

9.7

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

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

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

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

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

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

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

(iii) (where the offence is low-value shoplifting and the defendant is 18 or over) must send the defendant to the Crown Court for trial if the defendant wants to be tried there;

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

(a) invite the prosecutor to—

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

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

(b) invite the defendant to make representations about—

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

(ii) any ancillary matters;

(c) (where the offence is low-value shoplifting and the defendant is 18 or over) offer the defendant the opportunity to require trial in the Crown Court; and

(d) decide whether or not to send the defendant to the Crown Court for trial.

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

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

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

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

(b) give any other ancillary directions.

[Note. See sections 51, 51A and 51E of the Crime and Disorder Act 1998[^f00179],and sections 22A and 24A of the Magistrates’ Courts Act 1980[^f00180].

ALLOCATION FOR MAGISTRATES' COURT OR CROWN COURT TRIAL

Adult defendant: request for plea

9.8

(1) This rule applies where—

(a) the defendant is 18 or over; and

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

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

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

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

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

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

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

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

(ii) the value involved may require the court to order trial in a magistrates’ court (where the offence is one to which section 22 of the Magistrates’ Courts Act 1980[^f00181] applies), and

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

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

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

[Note. See section 17A of the Magistrates’ Courts Act 1980[^f00182].

Adult defendant: guilty plea

9.9

(1) This rule applies where—

(a) rule 9.8 applies; and

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

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

(a) as if the defendant had just pleaded guilty at a trial in a magistrates’ court; and

(b) in accordance with rule 24.11 (Procedure if the court convicts).

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

Adult defendant: not guilty plea

9.10

(1) This rule applies where—

(a) rule 9.8 applies; and

(b) the defendant—

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

(ii) gives no indication of intended plea.

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

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

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

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

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

(b) invite the prosecutor to—

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

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

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

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

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

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

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

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

(ii) any representations by the parties, and

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

[Note. See sections 17A, 18, 19, 22 and 24A of the Magistrates’ Courts Act 1980[^f00184].

Adult defendant: allocation for magistrates' court trial

9.11

(1) This rule applies where—

(a) rule 9.10 applies; and

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

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

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

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

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

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

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

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

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

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

(ii) in accordance with rule 24.11 (Procedure if the court convicts);

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

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

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

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

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

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

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

[Note. See section 20 of the Magistrates’ Courts Act 1980[^f00186].

Adult defendant: prosecutor's application for Crown Court trial

9.12

(1) This rule applies where—

(a) rule 9.11 applies;

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

(2) The prosecutor must—

(a) apply before trial in a magistrates’ court begins under Part 24 (Trial and sentence in a magistrates’ court); and

(b) notify—

(i) the defendant, and

(ii) the magistrates’ court officer.

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

[Note. See sections 8A and 25 of the Magistrates’ Courts Act 1980[^f00189]. Under section 25(2B), the court may grant an application to which this rule applies only if it is satisfied that the sentence which a magistrates’ court would have power to impose would be inadequate.]

Young defendant

9.13

(1) This rule applies where—

(a) the defendant is under 18; and

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

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

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

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

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

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

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

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

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

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

(a) as if the defendant had just pleaded guilty at a trial in a youth court; and

(b) in accordance with rule 24.11 (Procedure if the court convicts).

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

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

(b) invite the defendant to make such representations;

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

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

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

(iv) any representations by the parties.

[Note. See section 24A of the Magistrates’ Courts Act 1980[^f00190].

Allocation and sending for Crown Court trial

9.14

(1) This rule applies where—

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

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

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

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

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

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

(ii) give any ancillary directions.

[Note. See sections 21 and 24A of the Magistrates’ Courts Act 1980[^f00192]and section 51 of the Crime and Disorder 1998[^f00193]. See also rule 9.3 (matters to be specified on sending for trial).]

CROWN COURT INITIAL PROCEDURE AFTER SENDING FOR TRIAL

Service of prosecution evidence

9.15

(1) This rule applies where—

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

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

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

[Note. See the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005[^f00194]. The time for service of the prosecution evidence is prescribed by regulation 2. It is—

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

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

Application to dismiss offence sent for Crown Court trial

9.16

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

(2) The defendant must—

(a) apply in writing—

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

(ii) before the defendant’s arraignment;

(b) serve the application on—

(i) the Crown Court officer, and

(ii) each other party;

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

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

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

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

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

(3) A prosecutor who opposes the application must—

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

(i) the Crown Court officer, and

(ii) each other party;

(b) in the notice of opposition—

(i) explain the grounds of opposition,

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

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

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

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

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

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

(b) in the absence of—

(i) the defendant who made the application,

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

(5) The court may—

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

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

[Note. Under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998[^f00195], on an application by the defendant the Crown Court must dismiss an offence charged if it appears to the court that the evidence would not be sufficient for the applicant to be properly convicted.]

PART 10 — THE INDICTMENT

Contents of this Part

Service of indictment	rule 10.1
Form and content of indictment	rule 10.2

[Note. See also sections 3, 4 and 5 of the Indictments Act 1915[^f00196]and section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933[^f00197].]

Service of indictment

10.1

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

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

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

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

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

(a) endorse any paper copy of the indictment made for the court with—

(i) a note to identify it as the indictment served under this rule, and

(ii) the date on which the draft indictment was served on the court officer; and

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

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

Form and content of indictment

10.2

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

(a) a statement of the offence charged that—

(i) describes the offence in ordinary language, and

(ii) identifies any legislation that creates it; and

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

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

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

(a) are founded on the same facts; or

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

(4) The counts must be numbered consecutively.

(5) An indictment may contain—

(a) any count charging substantially the same offence as one specified in the notice of the offence or offences for which the defendant was sent for trial; and

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

[Note. In certain circumstances the Crown Court may try a defendant for an offence other than one sent, committed or transferred for trial: see section 2(2) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (indictable offences founded on the prosecution evidence on which the sending, committal or transfer was based) and section 40 of the Criminal Justice Act 1988[^f00208] (specified summary offences founded on that evidence).]

PART 11 — DEFERRED PROSECUTION AGREEMENTS

Contents of this Part

When this Part applies	rule 11.1
Exercise of court's powers	rule 11.2
Application to approve a proposal to enter an agreement	rule 11.3
Application to approve the terms of an agreement	rule 11.4
Application on breach of agreement	rule 11.5
Application to approve a variation of the terms of an agreement	rule 11.6
Application to lift suspension of prosecution	rule 11.7
Notice to discontinue prosecution	rule 11.8
Application to postpone the publication of information by the prosecutor	rule 11.9
Duty of court officer, etc.	rule 11.10
Court's power to vary requirements under this Part	rule 11.11

When this Part applies

11.1

(1) This Part applies to proceedings in the Crown Court under Schedule 17 to the Crime and Courts Act 2013[^f00209].

(2) In this Part—

(a) ‘agreement’ means a deferred prosecution agreement under paragraph 1 of that Schedule;

(b) ‘prosecutor’ means a prosecutor designated by or under paragraph 3 of that Schedule; and

(c) ‘defendant’ means the corporation, partnership or association with whom the prosecutor proposes to enter, or enters, an agreement.

[Note. Under Schedule 17 to the Crime and Courts Act 2013, a designated prosecutor may make a deferred prosecution agreement with a defendant, other than an individual, whom the prosecutor is considering prosecuting for an offences or offences listed in that Schedule. Under such an agreement, the defendant agrees to comply with its terms and the prosecutor agrees that, if the Crown Court approves those terms, then paragraph 2 of the Schedule will apply and —

(a) the prosecutor will serve a draft indictment charging the defendant with the offence or offences the subject of the agreement;

(b) the prosecution will be suspended under that paragraph, and the suspension may not be lifted while the agreement is in force; and

(c) no-one may prosecute the defendant for the offence or offences charged while the agreement is in force, or after it expires if the defendant complies with it.

Exercise of court's powers

11.2

(1) The court must determine an application to which this Part applies at a hearing, which—

(a) must be in private, under rule 11.3 (Application to approve a proposal to enter an agreement);

(b) may be in public or private, under rule 11.4 (Application to approve the terms of an agreement), rule 11.6 (Application to approve a variation of the terms of an agreement) or rule 11.9 (Application to postpone the publication of information by the prosecutor);

(c) must be in public, under rule 11.5 (Application on breach of agreement) or rule 11.7 (Application to lift suspension of prosecution), unless the court otherwise directs.

(2) If at a hearing in private to which rule 11.4 or rule 11.6 applies the court approves the agreement or the variation proposed, the court must announce its decision and reasons at a hearing in public.

(3) The court must not determine an application under rule 11.3, rule 11.4 or rule 11.6 unless—

(a) both parties are present;

(b) the prosecutor provides the court with a written declaration that, for the purposes of the application—

(i) the investigator enquiring into the alleged offence or offences has certified that no information has been supplied which the investigator knows to be inaccurate, misleading or incomplete, and

(ii) the prosecutor has complied with the prosecution obligation to disclose material to the defendant; and

(i) the defendant has not supplied any information which the defendant knows to be inaccurate, misleading or incomplete, and

(ii) the individual through whom the defendant makes the declaration has made reasonable enquiries and believes the defendant’s declaration to be true.

(4) The court must not determine an application under rule 11.5 or rule 11.7—

(a) in the prosecutor’s absence; or

(b) in the absence of the defendant, unless the defendant has had at least 28 days in which to make representations.

(5) If the court approves a proposal to enter an agreement—

(a) the general rule is that any further application to which this Part applies must be made to the same judge; but

(b) the court may direct other arrangements.

(6) The court may adjourn a hearing—

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

(b) in particular, if the court requires more information about—

(i) the facts of an alleged offence,

(ii) the terms of a proposal to enter an agreement, or of a proposed agreement or variation of an agreement, or

(iii) the circumstances in which the prosecutor wants the court to decide whether the defendant has failed to comply with the terms of an agreement.

(7) The court may—

(a) hear an application under rule 11.4 immediately after an application under rule 11.3, if the court approves a proposal to enter an agreement;

(b) hear an application under rule 11.7 immediately after an application under rule 11.5, if the court terminates an agreement.

[Note. See paragraphs 7(4), 8(5), (6) and 10(5), (6) of Schedule 17 to the Crime and Courts Act 2013.

Application to approve a proposal to enter an agreement

11.3

(1) This rule applies where a prosecutor wants the court to approve a proposal to enter an agreement.

(2) The prosecutor must—

(a) apply in writing after the commencement of negotiations between the parties but before the terms of agreement have been settled; and

(b) serve the application on—

(i) the court officer, and

(ii) the defendant.

(3) The application must—

(a) identify the parties to the proposed agreement;

(b) attach a proposed indictment setting out such of the offences listed in Part 2 of Schedule 17 to the Crime and Courts Act 2013 as the prosecutor is considering;

(c) include or attach a statement of facts proposed for inclusion in the agreement, which must give full particulars of each alleged offence, including details of any alleged financial gain or loss;

(d) include any information about the defendant that would be relevant to sentence in the event of conviction for the offence or offences;

(e) specify the proposed expiry date of the agreement;

(f) describe the proposed terms of the agreement, including details of any—

(i) monetary penalty to be paid by the defendant, and the time within which any such penalty is to be paid,

(ii) compensation, reparation or donation to be made by the defendant, the identity of the recipient of any such payment and the time within which any such payment is to be made,

(iii) surrender of profits or other financial benefit by the defendant, and the time within which any such sum is to be surrendered,

(iv) arrangement to be made in relation to the management or conduct of the defendant’s business,

(v) co-operation required of the defendant in any investigation related to the offence or offences,

(vi) other action required of the defendant,

(vii) arrangement to monitor the defendant’s compliance with a term,

(viii) consequence of the defendant’s failure to comply with a term, and

(ix) prosecution costs to be paid by the defendant, and the time within which any such costs are to be paid;

(g) in relation to those terms, explain how they comply with—

(i) the requirements of the code issued under paragraph 6 of Schedule 17 to the Crime and Courts Act 2013, and

(ii) any sentencing guidelines or guideline cases which apply;

(h) contain or attach the defendant’s written consent to the proposal; and

(i) explain why—

(i) entering into an agreement is likely to be in the interests of justice, and

(ii) the proposed terms of the agreement are fair, reasonable and proportionate.

(4) If the proposed statement of facts includes assertions that the defendant does not admit, the application must—

(a) specify the facts that are not admitted; and

(b) explain why that is immaterial for the purposes of the proposal to enter an agreement.

[Note. See paragraphs 5 and 7 of Schedule 17 to the Crime and Courts Act 2013.]

Application to approve the terms of an agreement

11.4

(1) This rule applies where—

(a) the court has approved a proposal to enter an agreement on an application under rule 11.3; and

(b) the prosecutor wants the court to approve the terms of the agreement.

(2) The prosecutor must—

(a) apply in writing as soon as practicable after the parties have settled the terms; and

(b) serve the application on—

(i) the court officer, and

(ii) the defendant.

(3) The application must—

(a) attach the agreement;

(b) indicate in what respect, if any, the terms of the agreement differ from those proposed in the application under rule 11.3;

(d) explain why—

(i) the agreement is in the interests of justice, and

(ii) the terms of the agreement are fair, reasonable and proportionate;

(e) attach a draft indictment, charging the defendant with the offence or offences the subject of the agreement; and

(f) include any application for the hearing to be in private.

(4) If the court approves the agreement and the draft indictment, the court officer must—

(a) endorse any paper copy of the indictment made for the court with—

(i) a note to identify it as the indictment approved by the court, and

(ii) the date of the court’s approval; and

(b) treat the case as if it had been suspended by order of the court.

[Note. See paragraph 8 of Schedule 17 to the Crime and Courts Act 2013. See also rule 11.9 (Application to postpone the publication of information by the prosecutor).

Application on breach of agreement

11.5

(1) This rule applies where—

(a) the prosecutor believes that the defendant has failed to comply with the terms of an agreement; and

(b) the prosecutor wants the court to decide—

(i) whether the defendant has failed to comply, and

(ii) if so, whether to terminate the agreement, or to invite the parties to agree proposals to remedy that failure.

(2) The prosecutor must—

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

(b) serve the application on—

(i) the court officer, and

(ii) the defendant.

(3) The application must—

(a) specify each respect in which the prosecutor believes the defendant has failed to comply with the terms of the agreement, and explain the reasons for the prosecutor’s belief; and

(b) attach a copy of any document containing evidence on which the prosecutor relies.

(4) A defendant who wants to make representations in response to the application must serve the representations on—

(a) the court officer; and

(b) the prosecutor,

not more than 28 days after service of the application.

[Note. See paragraph 9 of Schedule 17 to the Crime and Courts Act 2013. See also rule 11.9 (Application to postpone the publication of information by the prosecutor).]

Application to approve a variation of the terms of an agreement

11.6

(1) This rule applies where the parties have agreed to vary the terms of an agreement because—

(a) on an application under rule 11.5 (Application on breach of agreement), the court has invited them to do so; or

(b) variation of the agreement is necessary to avoid a failure by the defendant to comply with its terms in circumstances that were not, and could not have been, foreseen by either party at the time the agreement was made.

(2) The prosecutor must—

(a) apply in writing, as soon as practicable after the parties have settled the terms of the variation; and

(b) serve the application on—

(i) the court officer, and

(ii) the defendant.

(3) The application must—

(a) specify each variation proposed;

(b) contain or attach the defendant’s written consent to the variation;

(i) the variation is in the interests of justice, and

(ii) the terms of the agreement as varied are fair, reasonable and proportionate; and

(d) include any application for the hearing to be in private.

[Note. See paragraph 10 of Schedule 17 to the Crime and Courts Act 2013. See also rule 11.9 (Application to postpone the publication of information by the prosecutor).]

Application to lift suspension of prosecution

11.7

(1) This rule applies where—

(a) the court terminates an agreement before its expiry date; and

(b) the prosecutor wants the court to lift the suspension of the prosecution that applied when the court approved the terms of the agreement.

(2) The prosecutor must—

(a) apply in writing, as soon as practicable after the termination of the agreement; and

(b) serve the application on—

(i) the court officer, and

(ii) the defendant.

(3) A defendant who wants to make representations in response to the application must serve the representations on—

(a) the court officer; and

(b) the prosecutor,

not more than 28 days after service of the application.

[Note. See paragraphs 2(3) and 9 of Schedule 17 to the Crime and Courts Act 2013.]

Notice to discontinue prosecution

11.8

(1) This rule applies where an agreement expires—

(a) on its expiry date, or on a date treated as its expiry date; and

(b) without having been terminated by the court.

(2) The prosecutor must—

(a) as soon as practicable give notice in writing discontinuing the prosecution on the indictment approved by the court under rule 11.4 (Application to approve the terms of an agreement); and

(b) serve the notice on—

(i) the court officer, and

(ii) the defendant.

[Note. See paragraph 11 of Schedule 17 to the Crime and Courts Act 2013.]

Application to postpone the publication of information by the prosecutor

11.9

(1) This rule applies where the prosecutor—

(a) makes an application under rule 11.4 (Application to approve the terms of an agreement), rule 11.5 (Application on breach of agreement) or rule 11.6 (Application to approve a variation of the terms of an agreement);

(b) decides not to make an application under rule 11.5, despite believing that the defendant has failed to comply with the terms of the agreement; or

(2) A party who wants the court to order that the publication of information by the prosecutor about the court’s or the prosecutor’s decision should be postponed must—

(a) apply in writing, as soon as practicable and in any event before such publication occurs;

(b) serve the application on—

(i) the court officer, and

(ii) the other party; and

(i) specify the proposed terms of the order, and for how long it should last, and

(ii) explain why an order in the terms proposed is necessary.

[Note. See paragraph 12 of Schedule 17 to the Crime and Courts Act 2013.

Duty of court officer, etc.

11.10

(1) Unless the court otherwise directs, the court officer must—

(a) arrange for the recording of proceedings on an application to which this Part applies;

(b) arrange for the transcription of such a recording if—

(i) a party wants such a transcript, or

(ii) anyone else wants such a transcript (but that is subject to the restrictions in paragraph (2)).

(2) Unless the court otherwise directs, a person who transcribes a recording of proceedings under such arrangements—

(a) must not supply anyone other than a party with a transcript of a recording of—

(i) a hearing in private, or

(ii) a hearing in public to which reporting restrictions apply;

(b) subject to that, must supply any person with any transcript for which that person asks—

(i) in accordance with the transcription arrangements made by the court officer, and

(ii) on payment by that person of any fee prescribed.

(3) The court officer must not identify either party to a hearing in private under rule 11.3 (Application to approve a proposal to enter an agreement) or rule 11.4 (Application to approve the terms of an agreement)—

(a) in any notice displayed in the vicinity of the courtroom; or

(b) in any other information published by the court officer.

Court's power to vary requirements under this Part

11.11

(1) The court may—

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

(b) allow there to be made orally—

(i) an application under rule 11.4 (Application to approve the terms of an agreement), or

(ii) an application under rule 11.7 (Application to lift suspension of prosecution)

where the court exercises its power under rule 11.2(7) to hear one application immediately after another.

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

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

(b) explain the delay.

PART 12 — DISCONTINUING A PROSECUTION

Contents of this Part

When this Part applies	rule 12.1
Discontinuing a case	rule 12.2
Defendant's notice to continue	rule 12.3

When this Part applies

12.1

(1) This Part applies where—

(a) the Director of Public Prosecutions can discontinue a case in a magistrates’ court, under section 23 of the Prosecution of Offences Act 1985[^f00212];

(b) the Director of Public Prosecutions, or another public prosecutor, can discontinue a case sent for trial in the Crown Court, under section 23A of the Prosecution of Offences Act 1985[^f00213].

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

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

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

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

Discontinuing a case

12.2

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

(a) the court officer;

(b) the defendant; and

(2) Such a notice must—

(a) identify—

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

(ii) the person serving the notice, and

(iii) the power that that person is exercising;

(b) explain—

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

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

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

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

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

(a) any surety; and

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

Defendant's notice to continue

12.3

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

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

(a) on the court officer; and

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

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

(a) notify the prosecutor; and

(b) refer the case to the court.

PART 13 — WARRANTS FOR ARREST, DETENTION OR IMPRISONMENT

Contents of this Part

When this Part applies	rule 13.1
Terms of a warrant for arrest	rule 13.2
Terms of a warrant for detention or imprisonment	rule 13.3
Information to be included in a warrant	rule 13.4
Execution of a warrant	rule 13.5
Warrants that cease to have effect on payment	rule 13.6
Warrant issued when the court office is closed	rule 13.7

[Note. Part 30 contains rules about warrants to take goods to pay fines, etc.]

When this Part applies

13.1

(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

13.2

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[^f00216];

(b) section 7 of the Bail Act 1976[^f00217];

(d) sections 79, 80 and 81(4), (5) of the Senior Courts Act 1981[^f00219].

Terms of a warrant for detention or imprisonment

13.3

(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)[^f00222] or section 136[^f00223] of the Magistrates’ Courts Act 1980, or to customs detention under section 152 of the Criminal Justice Act 1988[^f00224], 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

13.4

(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[^f00225] (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[^f00226] (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

13.5

(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[^f00229] (warrants), 125A[^f00230] (civilian enforcement officers) or 125B[^f00231] (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

13.6

(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[^f00233] (enforcement of sums adjudged to be paid);

(b) section 83[^f00234] (process for securing attendance of offender);

(d) section 136[^f00236] (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[^f00237]and 125(1) of the Magistrates’ Courts Act 1980.]

Warrant issued when the court office is closed

13.7

(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 14 — BAIL AND CUSTODY TIME LIMITS

Contents of this Part

General rules
When this Part applies	rule 14.1
Exercise of court's powers to which this Part applies	rule 14.2
Duty of justices' legal adviser	rule 14.3
General duties of court officer	rule 14.4

Bail
Prosecutor's representations about bail	rule 14.5
Reconsideration of police bail by magistrates' court	rule 14.6
Notice of application to consider bail	rule 14.7
Defendant's application or appeal to the Crown Court
after magistrates' court bail decision	rule 14.8
Prosecutor's appeal against grant of bail	rule 14.9
Consideration of bail in a murder case	rule 14.10
Condition of residence	rule 14.11
Electronic monitoring requirements	rule 14.12
Accommodation or support requirements	rule 14.13
Requirement for surety or payment, etc.	rule 14.14
Forfeiture of a recognizance given by a surety	rule 14.15
Bail condition to be enforced in another European Union member State	rule 14.16
Enforcement of measure imposed in another European Union member State	rule 14.17

Custody time limits
Application to extend a custody time limit	rule 14.18
Appeal against custody time limit decision	rule 14.19

GENERAL RULES

When this Part applies

14.1

(1) This Part applies where—

(a) a magistrates’ court or the Crown Court can—

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

(ii) where bail has been withheld, extend a custody time limit;

(b) a magistrates’ court can monitor and enforce compliance with a supervision measure imposed in another European Union member State.

(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[^f00238];

(b) section 128 of the Magistrates’ Courts Act 1980[^f00239](general powers of magistrates’ courts in relation to bail);

(d) section 115 of the Coroners and Justice Act 2009[^f00241](exclusive power of the Crown Court to grant bail to a defendant charged with murder);

(e) Part 7 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014[^f00242], which gives effect to Council Framework Decision 2009/829/JHA of 23rd October, 2009, on the application, between member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (bail conditions pending trial);

(f) section 22 of the Prosecution of Offences Act 1985[^f00243](provision for custody time limits); and

(g) the Prosecution of Offences (Custody Time Limits) Regulations 1987[^f00244](maximum periods during which a defendant may be kept in custody pending trial).

Exercise of court's powers to which this Part applies

14.2

(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, in person or by live link, 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

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

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