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The Criminal Procedure Rules 2015

Type Statutory-Instrument

Publication 2015-07-03

Last updated 2020-10-05

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[Note. See Parts 16, 19 and 20, and the other legislation to which those Parts apply. The admissibility of evidence that a party introduces is governed by rules of evidence.]

Evidence by admission

24.6

(1) This rule applies where—

(a) a party introduces in evidence a fact admitted by another party; or

(b) parties jointly admit a fact.

(2) Unless the court otherwise directs, a written record must be made of the admission.

[Note. See section 10 of the Criminal Justice Act 1967⁴¹¹. The admissibility of evidence that a party introduces is governed by rules of evidence.]

Procedure on plea of guilty

24.7

(1) This rule applies if—

(a) the defendant pleads guilty; and

(b) the court is satisfied that the plea represents a clear acknowledgement of guilt.

(2) The court may convict the defendant without receiving evidence.

[Note. See section 9 of the Magistrates’ Courts Act 1980⁴¹².]

Written guilty plea: special rules

24.8

(1) This rule applies where—

(a) the offence alleged—

(i) can be tried only in a magistrates’ court, and

(ii) is not one specified under section 12(1)(a) of the Magistrates’ Courts Act 1980⁴¹³;

(b) the defendant is at least 16 years old;

(i) the summons or requisition,

(ii) the material listed in paragraph (2) on which the prosecutor relies to set out the facts of the offence,

(iii) the material listed in paragraph (3) on which the prosecutor relies to provide the court with information relevant to sentence,

(iv) a notice that the procedure set out in this rule applies, and

(v) a notice for the defendant’s use if the defendant wants to plead guilty without attending court; and

(d) the prosecutor has served on the court officer—

(i) copies of those documents, and

(ii) a certificate of service of those documents on the defendant.

(2) The material that the prosecutor must serve to set out the facts of the offence is—

(a) a summary of the evidence on which the prosecution case is based;

(b) any—

(i) written witness statement to which Part 16 (Written witness statements) applies, or

(ii) document or extract setting out facts; or

(3) The material that the prosecutor must serve to provide information relevant to sentence is—

(a) details of any previous conviction of the defendant which the prosecutor considers relevant, other than any conviction listed in the defendant’s driving record;

(b) if applicable, a notice that the defendant’s driving record will be made available to the court;

(c) a notice containing or describing any other information about the defendant, relevant to sentence, which will be made available to the court.

(4) A defendant who wants to plead guilty without attending court must, before the hearing date specified in the summons or requisition—

(a) serve a notice of guilty plea on the court officer; and

(b) include with that notice—

(i) any representations that the defendant wants the court to consider, and

(ii) a statement of the defendant’s assets and other financial circumstances.

(5) A defendant who wants to withdraw such a notice must notify the court officer in writing before the hearing date.

(6) If the defendant does not withdraw the notice before the hearing date, then on or after that date—

(a) to establish the facts of the offence and other information about the defendant relevant to sentence, the court may take account only of—

(i) information contained in a document served by the prosecutor under paragraph (1),

(ii) any previous conviction listed in the defendant’s driving record, where the offence is under the Road Traffic Regulation Act 1984⁴¹⁴, the Road Traffic Act 1988⁴¹⁵, the Road Traffic (Consequential Provisions) Act 1988⁴¹⁶ or the Road Traffic (Driver Licensing and Information Systems) Act 1989⁴¹⁷,

(iii) any other information about the defendant, relevant to sentence, of which the prosecutor served notice under paragraph (1), and

(iv) any representations and any other information served by the defendant under paragraph (4)

and rule 24.11(3) to (9) inclusive must be read accordingly;

(b) unless the court otherwise directs, the prosecutor need not attend; and

(7) With the defendant’s agreement, the court may deal with the case in the same way as under paragraph (6) where the defendant is present and—

(a) has served a notice of guilty plea under paragraph (4); or

(b) pleads guilty there and then.

[Note. The procedure set out in this rule is prescribed by sections 12 and 12A of the Magistrates’ Courts Act 1980⁴¹⁸. Under section 12(1)(a), the Secretary of State can specify offences to which the procedure will not apply. None has been specified.

Single justice procedure: special rules

24.9

(1) This rule applies where—

(a) the offence alleged—

(i) can be tried only in a magistrates’ court, and

(ii) is not one punishable with imprisonment;

(b) the defendant is at least 18 years old;

(i) a written charge,

(ii) the material listed in paragraph (2) on which the prosecutor relies to set out the facts of the offence,

(iii) the material listed in paragraph (3) on which the prosecutor relies to provide the court with information relevant to sentence,

(iv) a notice that the procedure set out in this rule applies,

(v) a notice for the defendant’s use if the defendant wants to plead guilty,

(vi) a notice for the defendant’s use if the defendant wants to plead guilty but wants the case dealt with at a hearing by a court comprising more than one justice, and

(vii) a notice for the defendant’s use if the defendant wants to plead not guilty; and

(d) the prosecutor has served on the court officer—

(i) copies of those documents, and

(ii) a certificate of service of those documents on the defendant.

(2) The material that the prosecutor must serve to set out the facts of the offence is—

(a) a summary of the evidence on which the prosecution case is based;

(b) any—

(i) written witness statement to which Part 16 (Written witness statements) applies, or

(ii) document or extract setting out facts; or

(3) The material that the prosecutor must serve to provide information relevant to sentence is—

(a) details of any previous conviction of the defendant which the prosecutor considers relevant, other than any conviction listed in the defendant’s driving record;

(b) if applicable, a notice that the defendant’s driving record will be made available to the court;

(c) a notice containing or describing any other information about the defendant, relevant to sentence, which will be made available to the court.

(4) Not more than 21 days after service on the defendant of the documents listed in paragraph (1)(c)—

(a) a defendant who wants to plead guilty must serve a notice to that effect on the court officer and include with that notice—

(i) any representations that the defendant wants the court to consider, and

(ii) a statement of the defendant’s assets and other financial circumstances;

(b) a defendant who wants to plead guilty but wants the case dealt with at a hearing by a court comprising more than one justice must serve a notice to that effect on the court officer;

(5) If within 21 days of service on the defendant of the documents listed in paragraph (1)(c) the defendant serves a notice to plead guilty under paragraph (4)(a)—

(a) the court officer must arrange for the court to deal with the case in accordance with that notice; and

(b) the time for service of any other notice under paragraph (4) expires at once.

(6) If within 21 days of service on the defendant of the documents listed in paragraph (1)(c) the defendant wants to withdraw a notice which he or she has served under paragraph (4)(b) (notice to plead guilty at a hearing) or under paragraph (4)(c) (notice to plead not guilty), the defendant must—

(a) serve notice of that withdrawal on the court officer; and

(b) serve any substitute notice under paragraph (4).

(7) Paragraph (8) applies where by the date of trial the defendant has not—

(a) served notice under paragraph (4)(b) or (c) of wanting to plead guilty at a hearing, or wanting to plead not guilty; or

(b) given notice to that effect under section 16B(2) of the Magistrates’ Courts Act 1980⁴²².

(8) Where this paragraph applies—

(a) the court may try the case in the parties’ absence and without a hearing;

(b) the court may accept any guilty plea of which the defendant has given notice under paragraph (4)(a);

(c) to establish the facts of the offence and other information about the defendant relevant to sentence, the court may take account only of—

(i) information contained in a document served by the prosecutor under paragraph (1),

(ii) any previous conviction listed in the defendant’s driving record, where the offence is under the Road Traffic Regulation Act 1984, the Road Traffic Act 1988, the Road Traffic (Consequential Provisions) Act 1988 or the Road Traffic (Driver Licensing and Information Systems) Act 1989,

(iii) any other information about the defendant, relevant to sentence, of which the prosecutor served notice under paragraph (1), and

(iv) any representations and any other information served by the defendant under paragraph (4)(a)

and rule 24.11(3) to (9) inclusive must be read accordingly.

(9) Paragraph (10) applies where—

(a) the defendant serves on the court officer a notice under paragraph (4)(b) or (c); or

(b) the court which tries the defendant under paragraph (8) adjourns the trial for the defendant to attend a hearing by a court comprising more than one justice.

(10) Where this paragraph applies, the court must exercise its power to issue a summons and—

(a) the rules in Part 7 apply (Starting a prosecution in a magistrates’ court) as if the prosecutor had just served an information in the same terms as the written charge;

(b) the rules in Part 8 (Initial details of the prosecution case) apply as if the documents served by the prosecutor under paragraph (1) had been served under that Part;

[Note. The procedure set out in this rule is prescribed by sections 16A to 16D of the Magistrates’ Courts Act 1980⁴²³and section 29 of the Criminal Justice Act 2003⁴²⁴. Under section 16A of the 1980 Act, the court may comprise a single justice. Under section 29 of the 2003 Act, a prosecutor authorised under that section may issue a written charge alleging an offence and a single justice procedure notice. Part 7 contains relevant rules.

Application to withdraw a guilty plea

24.10

(1) This rule applies where the defendant wants to withdraw a guilty plea.

(2) The defendant must apply to do so—

(a) as soon as practicable after becoming aware of the reasons for doing so; and

(b) before sentence.

(3) Unless the court otherwise directs, the application must be in writing and the defendant must serve it on—

(a) the court officer; and

(b) the prosecutor.

(4) The application must—

(a) explain why it would be unjust not to allow the defendant to withdraw the guilty plea;

(b) identify—

(i) any witness that the defendant wants to call, and

(ii) any other proposed evidence; and

Procedure if the court convicts

24.11

(1) This rule applies if the court convicts the defendant.

(2) The court—

(a) may exercise its power to require—

(i) a statement of the defendant’s assets and other financial circumstances,

(ii) a pre-sentence report; and

(b) may (and in some circumstances must) remit the defendant to a youth court for sentence where—

(i) the defendant is under 18, and

(ii) the convicting court is not itself a youth court.

(3) The prosecutor must—

(a) summarise the prosecution case, if the sentencing court has not heard evidence;

(b) identify any offence to be taken into consideration in sentencing;

(c) provide information relevant to sentence, including any statement of the effect of the offence on the victim, the victim’s family or others; and

(d) where it is likely to assist the court, identify any other matter relevant to sentence, including—

(i) the legislation applicable,

(ii) any sentencing guidelines, or guideline cases,

(iii) aggravating and mitigating features affecting the defendant’s culpability and the harm which the offence caused, was intended to cause or might forseeably have caused, and

(iv) the effect of such of the information listed in paragraph (2)(a) as the court may need to take into account.

(4) The defendant must provide details of financial circumstances—

(a) in any form required by the court officer;

(b) by any date directed by the court or by the court officer.

(5) Where the defendant pleads guilty but wants to be sentenced on a different basis to that disclosed by the prosecution case—

(a) the defendant must set out that basis in writing, identifying what is in dispute;

(b) the court may invite the parties to make representations about whether the dispute is material to sentence; and

(i) invite such further representations or evidence as it may require, and

(ii) decide the dispute.

(6) Where the court has power to order the endorsement of the defendant’s driving record, or power to order the defendant to be disqualified from driving—

(a) if other legislation so permits, a defendant who wants the court not to exercise that power must introduce the evidence or information on which the defendant relies;

(b) the prosecutor may introduce evidence; and

(7) Before the court passes sentence—

(a) the court must—

(i) give the defendant an opportunity to make representations and introduce evidence relevant to sentence, and

(ii) where the defendant is under 18, give the defendant’s parents, guardian or other supporting adult, if present, such an opportunity as well; and

(b) the justices’ legal adviser or the court must elicit any further information relevant to sentence that the court may require.

(8) If the court requires more information, it may exercise its power to adjourn the hearing for not more than—

(a) 3 weeks at a time, if the defendant will be in custody; or

(b) 4 weeks at a time.

(9) When the court has taken into account all the evidence, information and any report available, the court must—

(a) as a general rule, pass sentence there and then;

(b) when passing sentence, explain the reasons for deciding on that sentence, unless neither the defendant nor any member of the public, including any reporter, is present;

(c) when passing sentence, explain to the defendant its effect, the consequences of failing to comply with any order or pay any fine, and any power that the court has to vary or review the sentence, unless—

(i) the defendant is absent, or

(ii) the defendant’s ill-health or disorderly conduct makes such an explanation impracticable;

(d) give any such explanation in terms the defendant, if present, can understand (with help, if necessary); and

(e) consider exercising any power it has to make a costs or other order.

(10) Despite the general rule—

(a) the court must adjourn the hearing if the defendant is absent, the case started with a summons, requisition or single justice procedure notice, and either—

(i) the court considers passing a custodial sentence (where it can do so), or

(ii) the court considers imposing a disqualification (unless it has already adjourned the hearing to give the defendant an opportunity to attend);

(b) the court may exercise any power it has to—

(i) commit the defendant to the Crown Court for sentence (and in some cases it must do so), or

(ii) defer sentence for up to 6 months.

[Note. See sections 9, 10 and 11 of the Magistrates’ Courts Act 1980⁴²⁸, and sections 143, 158, 164, 172 and 174 of the Criminal Justice Act 2003⁴²⁹.

Procedure where a party is absent

24.12

(1) This rule—

(a) applies where a party is absent; but

(b) does not apply where—

(i) the defendant has served a notice of guilty plea under rule 24.8 (Written guilty plea: special rules), or

(ii) the court tries a case under rule 24.9 (Single justice procedure: special rules).

(2) Where the prosecutor is absent, the court may—

(a) if it has received evidence, deal with the case as if the prosecutor were present; and

(b) in any other case—

(i) enquire into the reasons for the prosecutor’s absence, and

(ii) if satisfied there is no good reason, exercise its power to dismiss the allegation.

(3) Where the defendant is absent—

(a) the general rule is that the court must proceed as if the defendant—

(i) were present, and

(ii) had pleaded not guilty (unless a plea already has been taken)

and the court must give reasons if it does not do so; but

(b) the general rule does not apply if the defendant is under 18;

(i) any summons or requisition was served on the defendant a reasonable time before the hearing, or

(ii) in a case in which the hearing has been adjourned, the defendant had reasonable notice of where and when it would resume;

(d) the general rule is subject also to rule 24.11(10)(a) (restrictions on passing sentence in the defendant’s absence).

(4) Where the defendant is absent, the court—

(a) must exercise its power to issue a warrant for the defendant’s arrest, if it passes a custodial sentence; and

(b) may exercise its power to do so in any other case, if it does not apply the general rule in paragraph (3)(a) of this rule about proceeding in the defendant’s absence.

[Note. See sections 11, 15 and 16 of the Magistrates’ Courts Act 1980⁴⁴¹.

Provision of documents for the court

24.13

(1) A party who introduces a document in evidence, or who otherwise uses a document in presenting that party’s case, must provide a copy for—

(a) each other party;

(b) any witness that party wants to refer to that document;

(d) the justices’ legal adviser.

(2) Unless the court otherwise directs, on application or on its own initiative, the court officer must provide for the court—

(a) any copy received under paragraph (1) before the hearing begins; and

(b) a copy of the court officer’s record of—

(i) information supplied by each party for the purposes of case management, including any revision of information previously supplied,

(ii) each pre-trial direction for the management of the case,

(iii) any pre-trial decision to admit evidence,

(iv) any pre-trial direction about the giving of evidence, and

(v) any admission to which rule 24.6 applies.

(3) Where rule 24.8 (Written guilty plea: special rules) applies, the court officer must provide for the court—

(a) each document served by the prosecutor under rule 24.8(1)(d);

(b) the defendant’s driving record, where the offence is under the Road Traffic Regulation Act 1984⁴⁴⁴, the Road Traffic Act 1988⁴⁴⁵, the Road Traffic (Consequential Provisions) Act 1988⁴⁴⁶ or the Road Traffic (Driver Licensing and Information Systems) Act 1989⁴⁴⁷;

(c) any other information about the defendant, relevant to sentence, of which the prosecutor served notice under rule 24.8(1); and

(d) the notice of guilty plea and any representations and other information served by the defendant under rule 24.8(4).

(4) Where the court tries a case under rule 24.9 (Single justice procedure: special rules), the court officer must provide for the court—

(a) each document served by the prosecutor under rule 24.9(1)(d);

(b) the defendant’s driving record, where the offence is under the Road Traffic Regulation Act 1984, the Road Traffic Act 1988, the Road Traffic (Consequential Provisions) Act 1988 or the Road Traffic (Driver Licensing and Information Systems) Act 1989;

(c) any other information about the defendant, relevant to sentence, of which the prosecutor served notice under rule 24.9(1); and

(d) any notice, representations and other information served by the defendant under rule 24.9(4)(a).

[Note. A written witness statement to which Part 16 applies may only be introduced in evidence if there has been no objection within the time limit to which rule 16.4 refers.

Place of trial

24.14

(1) The hearing must take place in a courtroom provided by the Lord Chancellor, unless—

(a) the court otherwise directs; or

(b) the court tries a case under rule 24.9 (Single justice procedure: special rules).

(2) Where the hearing takes place in Wales—

(a) any party or witness may use the Welsh language; and

(b) if practicable, at least one member of the court must be Welsh-speaking.

[Note. See section 3 of the Courts Act 2003⁴⁴⁸, section 16A of the Magistrates’ Courts Act 1980⁴⁴⁹and section 22 of the Welsh Language Act 1993⁴⁵⁰.

Duty of justices' legal adviser

24.15

(1) A justices’ legal adviser must attend the court and carry out the duties listed in this rule, as applicable, unless the court—

(a) includes a District Judge (Magistrates’ Courts); and

(b) otherwise directs.

(2) A justices’ legal adviser must—

(a) before the hearing begins, by reference to what is provided for the court under rule 24.13 (Provision of documents for the court) draw the court’s attention to—

(i) what the prosecutor alleges,

(ii) what the parties say is agreed,

(iii) what the parties say is in dispute, and

(iv) what the parties say about how each expects to present the case, especially where that may affect its duration and timetabling;

(b) whenever necessary, give the court legal advice and—

(i) if necessary, attend the members of the court outside the courtroom to give such advice, but

(ii) inform the parties (if present) of any such advice given outside the courtroom; and

(3) A justices’ legal adviser must—

(a) assist an unrepresented defendant;

(b) assist the court by—

(i) making a note of the substance of any oral evidence or representations, to help the court recall that information,

(ii) if the court rules inadmissible part of a written statement introduced in evidence, marking that statement in such a way as to make that clear,

(iii) ensuring that an adequate record is kept of the court’s decisions and the reasons for them, and

(iv) making any announcement, other than of the verdict or sentence.

(4) Where the defendant has served a notice of guilty plea to which rule 24.8 (Written guilty plea: special rules) applies, a justices’ legal adviser must—

(a) unless the court otherwise directs, if any member of the public, including any reporter, is present, read aloud to the court—

(i) the material on which the prosecutor relies to set out the facts of the offence and to provide information relevant to sentence (or summarise any written statement included in that material, if the court so directs), and

(ii) any written representations by the defendant;

(b) otherwise, draw the court’s attention to—

(i) what the prosecutor alleges, and any significant features of the material listed in paragraph (4)(a)(i), and

(ii) any written representations by the defendant.

(5) Where the court tries a case under rule 24.9 (Single justice procedure: special rules), a justices’ legal adviser must draw the court’s attention to—

(a) what the prosecutor alleges, and any significant features of the material on which the prosecutor relies to prove the alleged offence and to provide information relevant to sentence; and

(b) any representations served by the defendant.

[Note. Section 28 of the Courts Act 2003⁴⁵¹provides for the functions of a justices’ legal adviser. See also sections 12 and 16A of the Magistrates’ Courts Act 1980⁴⁵².

Duty of court officer

24.16

The court officer must—

(a) serve on each party notice of where and when an adjourned hearing will resume, unless—

(i) the party was present when that was arranged,

(ii) the defendant has served a notice of guilty plea to which rule 24.8 (Written guilty plea: special rules) applies, and the adjournment is for not more than 4 weeks, or

(iii) the court tries a case under rule 24.9 (Single justice procedure: special rules), and the adjourned trial will resume under that rule;

(b) if the reason for the adjournment was to postpone sentence, include that reason in any such notice to the defendant;

(c) unless the court otherwise directs, make available to the parties any written report to which rule 24.11 (Procedure if the court convicts) applies;

(d) where the court has ordered a defendant to provide information under section 25 of the Road Traffic Offenders Act 1988⁴⁵⁵, serve on the defendant notice of that order unless the defendant was present when it was made;

(e) serve on the prosecutor—

(i) any notice of guilty plea to which rule 24.8 (Written guilty plea: special rules) applies,

(ii) any declaration served under rule 24.17 (Statutory declaration of ignorance of proceedings) that the defendant did not know about the case;

(f) serve on the prosecutor notice of any hearing date arranged in consequence of such a declaration, unless—

(i) the prosecutor was present when that was arranged, or

(ii) the court otherwise directs;

(g) serve on the prosecutor—

(i) notice of any hearing date arranged in consequence of the issue of a summons under rule 37.9 (Single justice procedure: special rules), and in that event

(ii) any notice served by the defendant under rule 37.9(2)(b) or (c);

(h) record the court’s reasons for not proceeding in the defendant’s absence where rule 24.12(3)(a) applies; and

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

[Note. See sections 10, 11 and 12 of the Magistrates’ Courts Act 1980⁴⁵⁶.

Statutory declaration of ignorance of proceedings

24.17

(1) This rule applies where—

(a) the case started with—

(i) an information and summons,

(ii) a written charge and requisition, or

(iii) a written charge and single justice procedure notice; and

(b) under section 14 or section 16E of the Magistrates’ Courts Act 1980⁴⁵⁷, the defendant makes a statutory declaration of not having found out about the case until after the trial began.

(2) The defendant must—

(a) serve such a declaration on the court officer—

(i) not more than 21 days after the date of finding out about the case, or

(ii) with an explanation for the delay, if serving it more than 21 days after that date;

(b) serve with the declaration one of the following, as appropriate, if the case began with a written charge and single justice procedure notice—

(i) a notice under rule 24.9(4)(a) (notice of guilty plea), with any representations that the defendant wants the court to consider and a statement of the defendant’s assets and other financial circumstances, as required by that rule,

(ii) a notice under rule 24.9(4)(b) (notice of intention to plead guilty at a hearing before a court comprising more than one justice), or

(iii) a notice under rule 24.9(4)(c) (notice of intention to plead not guilty).

(3) The court may extend that time limit, even after it has expired—

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

(b) without a hearing.

(4) Where the defendant serves such a declaration, in time or with an extension of time in which to do so, and the case began with a summons or requisition—

(a) the court must treat the summons or requisition and all subsequent proceedings as void (but not the information or written charge with which the case began);

(b) if the defendant is present when the declaration is served, the rules in this Part apply as if the defendant had been required to attend the court on that occasion;

(i) the rules in Part 7 apply (Starting a prosecution in a magistrates’ court) as if the prosecutor had just served an information in the same terms as the original information or written charge;

(ii) the court may exercise its power to issue a summons in accordance with those rules; and

(iii) except for rule 24.8 (Written guilty plea: special rules), the rules in this Part then apply.

(5) Where the defendant serves such a declaration, in time or with an extension of time in which to do so, and the case began with a single justice procedure notice—

(a) the court must treat the single justice procedure notice and all subsequent proceedings as void (but not the written charge with which the case began);

(b) rule 24.9 (Single justice procedure: special rules) applies as if the defendant had served the notice required by paragraph (2)(b) of this rule within the time allowed by rule 24.9(4); and

(c) where that notice is under rule 24.9(4)(b) (notice of intention to plead guilty at a hearing before a court comprising more than one justice) or under rule 24.9(4)(c) (notice of intention to plead not guilty), then—

(i) if the defendant is present when the declaration is served, the rules in this Part apply as if the defendant had been required to attend the court on that occasion,

(ii) if the defendant is absent when the declaration is served, paragraph (6) of this rule applies.

(6) Where this paragraph applies, the court must exercise its power to issue a summons and—

(a) the rules in Part 7 apply (Starting a prosecution in a magistrates’ court) as if the prosecutor had just served an information in the same terms as the written charge;

(b) except for rule 24.8 (Written guilty plea: special rules) and rule 24.9 (Single justice procedure: special rules), the rules in this Part apply.

[Note. Under sections 14 and 16E of the Magistrates’ Courts Act 1980, proceedings which begin with a summons, requisition or single justice procedure notice will become void if the defendant, at any time during or after the trial, makes a statutory declaration that he or she did not know of them until a date after the trial began.

Setting aside a conviction or varying a costs etc. order

24.18

(1) This rule applies where under section 142 of the Magistrates’ Courts Act 1980⁴⁵⁸, the court can—

(a) set aside a conviction, or

(b) vary or rescind—

(i) a costs order, or

(ii) an order to which Part 31 applies (Behaviour orders).

(2) The court may exercise its power—

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

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

(3) The court must not exercise its power in a party’s absence unless—

(a) the court makes a decision proposed by that party;

(b) the court makes a decision to which that party has agreed in writing; or

(4) A party who wants the court to exercise its power must—

(a) apply in writing as soon as reasonably practicable after the conviction or order that that party wants the court to set aside, vary or rescind;

(b) serve the application on—

(i) the court officer, and

(ii) each other party; and

(i) explain why, as appropriate, the conviction should be set aside, or the order varied or rescinded,

(ii) specify any variation of the order that the applicant proposes,

(iii) identify any witness that the defendant wants to call, and any other proposed evidence,

(iv) say whether the defendant waives legal professional privilege, giving any relevant name and date, and

(v) if the application is late, explain why.

(5) The court may—

(a) extend (even after it has expired) the time limit under paragraph (4), unless the court’s power to set aside the conviction, or vary the order, can no longer be exercised;

(b) allow an application to be made orally.

[Note. Under section 142 of the Magistrates’ Courts Act 1980—

(a) where a defendant is convicted by a magistrates’ court, the court may order that the case should be heard again by different justices; and

(b) the court may vary or rescind an order which it has made when dealing with a convicted defendant,

if in either case it appears to the court to be in the interests of justice to do so.

PART 25 — TRIAL AND SENTENCE IN THE CROWN COURT

Contents of this Part

When this Part applies	rule 25.1
General powers and requirements	rule 25.2
Application for ruling on procedure, evidence or other question of law	rule 25.3
Procedure on plea of guilty	rule 25.4
Application to withdraw a guilty plea	rule 25.5
Selecting the jury	rule 25.6
Discharging jurors	rule 25.7
Objecting to jurors	rule 25.8
Procedure on plea of not guilty	rule 25.9
Defendant unfit to plead	rule 25.10
Evidence of a witness in person	rule 25.11
Evidence of a witness in writing	rule 25.12
Evidence by admission	rule 25.13
Directions to the jury and taking the verdict	rule 25.14
Conviction or acquittal at trial without a jury	rule 25.15
Procedure if the court convicts	rule 25.16
Provision of documents for the court	rule 25.17
Duty of court officer	rule 25.18

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

When this Part applies

25.1

This Part applies in the Crown Court where—

(a) the court tries a case; or

(b) the defendant pleads guilty.

[Note. The Crown Court’s powers to try an allegation of an offence are contained in sections 45 and 46 of the Senior Courts Act 1981⁴⁵⁹.

General powers and requirements

25.2

(1) Where this Part applies, the general rule is that—

(a) the trial must be in public, but that is subject to the court’s power to—

(i) impose a restriction on reporting what takes place at a public hearing, or public access to what otherwise would be a public hearing,

(ii) withhold information from the public during a public hearing, or

(iii) order a trial in private;

(b) the court must not proceed if the defendant is absent, unless the court is satisfied that—

(i) the defendant has waived the right to attend, and

(ii) the trial will be fair despite the defendant’s absence;

(i) the defendant has a legal representative,

(ii) the defendant has been sentenced to imprisonment or detention on a previous occasion in the United Kingdom, or

(iii) the defendant could have been represented under legal aid but is not because section 83(3) of the Powers of Criminal Courts (Sentencing) Act 2000⁴⁶³ applies to him or her.

(2) The court may adjourn the trial at any stage.

[Note. See section 83 of the Powers of Criminal Courts (Sentencing) Act 2000⁴⁶⁴. Section 83(3) applies to a defendant if—

(a) representation was made available to the defendant for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the defendant’s conduct or because it appeared that the defendant’s financial resources were such that he or she was not eligible for such representation;

(b) the defendant applied for such representation and the application was refused because it appeared that the defendant’s financial resources were such that he or she was not eligible for such representation; or

(c) having been informed of the right to apply for such representation and having had the opportunity to do so, the defendant refused or failed to apply.

Application for ruling on procedure, evidence or other question of law

25.3

(1) This rule applies to an application—

(a) about—

(i) case management, or any other question of procedure, or

(ii) the introduction or admissibility of evidence, or any other question of law;

(b) that has not been determined before the trial begins.

(2) The application is subject to any other rule that applies to it (for example, as to the time and form in which the application must be made).

(3) Unless the court otherwise directs, the application must be made, and the court’s decision announced, in the absence of the jury (if there is one).

[Note. See also rule 3.13 (Pre-trial hearings).]

Procedure on plea of guilty

25.4

(1) This rule applies if—

(a) the defendant pleads guilty to an offence; and

(b) the court is satisfied that the plea represents a clear acknowledgement of guilt.

(2) The court need not receive evidence unless rule 25.16(4) applies (determination of facts for sentencing).

[Note. See also rule 3.24 (Arraigning the defendant on the indictment).]

Application to vacate a guilty plea

25.5

(1) This rule applies where a party wants the court to vacate a guilty plea.

(2) Such a party must—

(a) apply in writing—

(i) as soon as practicable after becoming aware of the grounds for doing so, and

(ii) in any event, before the final disposal of the case, by sentence or otherwise; and

(b) serve the application on—

(i) the court officer, and

(ii) the prosecutor.

(3) Unless the court otherwise directs, the application must—

(a) explain why it would be unjust for the guilty plea to remain unchanged;

(b) indicate what, if any, evidence the applicant wishes to call;

(d) indicate whether legal professional privilege is waived, specifying any material name and date.

Selecting the jury

25.6

(1) This rule—

(a) applies where—

(i) the defendant pleads not guilty,

(ii) the defendant declines to enter a plea and the court treats that as a not guilty plea, or

(iii) the court determines that the defendant is not fit to be tried;

(b) does not apply where—

(i) the court orders a trial without a jury because of a danger of jury tampering or where jury tampering appears to have taken place, or

(ii) the court tries without a jury counts on an indictment after a trial of sample counts with a jury.

(2) The court must select a jury to try the case from the panel, or part of the panel, of jurors summoned by the Lord Chancellor to attend at that time and place.

(3) Where it appears that too few jurors to constitute a jury will be available from among those so summoned, the court—

(a) may exercise its own power to summon others in the court room, or in the vicinity, up to the number likely to be required, and add their names to the panel summoned by the Lord Chancellor; but

(b) must inform the parties, if they are absent when the court exercises that power.

(4) The court must select the jury by drawing at random each juror’s name from among those so summoned and—

(a) announcing each name so drawn; or

(b) announcing an identifying number assigned by the court officer to that person, where the court is satisfied that that is necessary.

(5) If too few jurors to constitute a jury are available from the panel after all their names have been drawn, the court may—

(a) exercise its own power to summon others in the court room, or in the vicinity, up to the number required; and

(b) announce—

(i) the name of each person so summoned, or

(ii) an identifying number assigned by the court officer to that person, where the court is satisfied that that is necessary.

(6) The jury the court selects—

(a) must comprise no fewer than 12 jurors;

(b) may comprise as many as 14 jurors to begin with, where the court expects the trial to last for more than 4 weeks.

(7) Where the court selects a jury comprising more than 12 jurors, the court must explain to them that—

(a) the purpose of selecting more than 12 jurors to begin with is to fill any vacancy or vacancies caused by the discharge of any of the first 12 before the prosecution evidence begins;

(b) any such vacancy or vacancies will be filled by the extra jurors in order of their selection from the panel;

(c) the court will discharge any extra juror or jurors remaining by no later than the beginning of the prosecution evidence; and

(d) any juror who is discharged for that reason then will be available to be selected for service on another jury, during the period for which that juror has been summoned.

(8) Each of the 12 or more jurors the court selects—

(a) must take an oath or affirm; and

(b) becomes a full jury member until discharged.

(9) The oath or affirmation must be in these terms, or in any corresponding terms that the juror declares to be binding on him or her—

I swear by Almighty God [or I do solemnly, sincerely and truly declare and affirm] that I will faithfully try the defendant and give a true verdict according to the evidence.

[Note. See sections 2, 5, 6, and 11 of the Juries Act 1974⁴⁶⁵. See also rule 38.7 (Discharging jurors).

Discharging jurors

25.7

(1) The court may exercise its power to discharge a juror at any time—

(a) after the juror completes the oath or affirmation; and

(b) before the court discharges the jury.

(2) No later than the beginning of the prosecution evidence, if the jury then comprises more than 12 jurors the court must discharge any in excess of 12 in reverse order of their selection from the panel.

(3) The court may exercise its power to discharge the jury at any time—

(a) after each juror has completed the oath or affirmation; and

(b) before the jury has delivered its verdict on each offence charged in the indictment.

(4) The court must exercise its power to discharge the jury when, in respect of each offence charged in the indictment, either—

(a) the jury has delivered its verdict on that offence; or

(b) the court has discharged the jury from reaching a verdict.

[Note. See sections 16 and 18 of the Juries Act 1974⁴⁶⁹.]

Objecting to jurors

25.8

(1) A party who objects to the panel of jurors must serve notice explaining the objection on the court officer and on the other party before the first juror’s name or number is drawn.

(2) A party who objects to the selection of an individual juror must—

(a) tell the court of the objection—

(i) after the juror’s name or number is announced, and

(ii) before the juror completes the oath or affirmation; and

(b) explain the objection.

(3) A prosecutor who exercises the prosecution right without giving reasons to prevent the court selecting an individual juror must announce the exercise of that right before the juror completes the oath or affirmation.

(4) The court must determine an objection under paragraph (1) or (2)—

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

(b) in the absence of the jurors, unless the court otherwise directs.

[Note. See section 29 of the Juries Act 1825⁴⁷⁰and section 12 of the Juries Act 1974⁴⁷¹.]

Procedure on plea of not guilty

25.9

(1) This rule applies where—

(a) the defendant pleads not guilty; or

(b) the defendant declines to enter a plea and the court treats that as a not guilty plea.

(2) In the following sequence—

(a) where there is a jury, the court must—

(i) inform the jurors of each offence charged in the indictment to which the defendant pleads not guilty, and

(ii) explain to the jurors that it is their duty, after hearing the evidence, to decide whether the defendant is guilty or not guilty of each offence;

(b) the prosecutor may summarise the prosecution case;

(d) subject to paragraph (3), at the end of the prosecution evidence, on the defendant’s application or on its own initiative, the court—

(i) may direct the jury (if there is one) to acquit on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict, but

(ii) must not do so unless the prosecutor has had an opportunity to make representations;

(e) subject to paragraph (4), at the end of the prosecution evidence, the court must ask whether the defendant intends to give evidence in person and, if the answer is ‘no’, then the court must satisfy itself that there has been explained to the defendant, in terms the defendant can understand (with help, if necessary)—

(i) the right to give evidence in person, and

(ii) that if the defendant does not give evidence in person, or refuses to answer a question while giving evidence, the court may draw such inferences as seem proper;

(f) the defendant may summarise the defence case, if he or she intends to call at least one witness other than him or herself to give evidence in person about the facts of the case;

(g) in this order (or in a different order, if the court so directs) the defendant may—

(i) give evidence in person,

(ii) call another witness, or witnesses, to give evidence in person, and

(iii) introduce any other evidence;

(h) a party may introduce further evidence if it is then admissible (for example, because it is in rebuttal of evidence already introduced);

(i) the prosecutor may make final representations, where—

(i) the defendant has a legal representative,

(ii) the defendant has called at least one witness, other than the defendant him or herself, to give evidence in person about the facts of the case, or

(iii) the court so permits; and

(j) the defendant may make final representations.

(3) Paragraph (2)(d) does not apply in relation to a charge of murder, manslaughter, attempted murder, or causing harm contrary to section 18 or 20 of the Offences against the Person Act 1861⁴⁷² until the court has heard all the evidence (including any defence evidence), where the defendant is charged with—

(a) any of those offences; and

(b) an offence of causing or allowing a child or vulnerable adult to die or to suffer serious physical harm, contrary to section 5 of the Domestic Violence, Crime and Victims Act 2004⁴⁷³.

(4) Paragraph (2)(e) does not apply where it appears to the court that, taking account of all the circumstances, the defendant’s physical or mental condition makes it undesirable for the defendant to give evidence in person.

(5) Where there is more than one defendant, this rule applies to each in the order their names appear in the indictment, or in an order directed by the court.

(6) Unless the jury (if there is one) has retired to consider its verdict, the court may allow a party to introduce evidence, or make representations, after that party’s opportunity to do so under paragraph (2).

(7) Unless the jury has already reached a verdict on a count, the court may exercise its power to—

(a) discharge the jury from reaching a verdict on that count;

(b) direct the jury to acquit the defendant on that count; or

[Note. See also rule 3.24 (Arraigning the defendant on the indictment).

Defendant unfit to plead

25.10

(1) This rule applies where—

(a) it appears to the court, on application or on its own initiative, that the defendant may not be fit to be tried; and

(b) the defendant has not by then been acquitted of each offence charged by the indictment.

(2) The court—

(a) must exercise its power to decide, without a jury, whether the defendant is fit to be tried;

(b) may postpone the exercise of that power until immediately before the opening of the defence case.

(3) Where the court determines that the defendant is not fit to be tried—

(a) the court must exercise its power to appoint a person to put the case for the defence, taking account of all the circumstances and in particular—

(i) the willingness and suitability (including the qualifications and experience) of that person,

(ii) the nature and complexity of the case,

(iii) any advantage of continuity of representation, and

(iv) the defendant’s wishes and needs;

(b) the court must select a jury, if none has been selected yet; and

(i) everything which that rule requires to be done by the defendant may be done instead by the person appointed to put the case for the defence,

(ii) under rule 25.9(2)(a), the court must explain to the jurors that their duty is to decide whether or not the defendant did the act or made the omission charged as an offence, not whether the defendant is guilty of that offence, and

(iii) rule 25.9(2)(e) does not apply (warning of consequences of defendant not giving evidence).

[Note. See sections 4 and 4A of the Criminal Procedure (Insanity) Act 1964⁴⁸².

Evidence of a witness in person

25.11

(1) This rule applies where a party wants to introduce evidence by calling a witness to give that evidence in person.

(2) Unless the court otherwise directs—

(a) a witness waiting to give evidence must not wait inside the courtroom, unless that witness is—

(i) a party, or

(ii) an expert witness;

(b) a witness who gives evidence in the courtroom must do so from the place provided for that purpose; and

(i) must not be given in public unless the address is relevant to an issue in the case,

(ii) may be given in writing to the court, parties and jury.

(3) Unless other legislation otherwise provides, before giving evidence a witness must take an oath or affirm.

(4) In the following sequence—

(a) the party who calls a witness may ask questions in examination-in-chief;

(b) if the witness gives evidence for the prosecution—

(i) the defendant, if there is only one, may ask questions in cross-examination, or

(ii) subject to the court’s directions, each defendant, if there is more than one, may ask such questions, in the order their names appear in the indictment or as directed by the court;

(i) subject to the court’s directions, each other defendant, if there is more than one, may ask questions in cross-examination, in the order their names appear in the indictment or as directed by the court, and

(ii) the prosecutor may ask such questions;

(d) the party who called the witness may ask questions in re-examination arising out of any cross-examination.

(5) If other legislation so permits, at any time while giving evidence a witness may refer to a record of that witness’ recollection of events.

(6) The court may—

(a) ask a witness questions; and in particular

(b) where the defendant is not represented, ask a witness any question necessary in the defendant’s interests.

[Note. Section 53 of the Youth Justice and Criminal Evidence Act 1999⁴⁸³provides that everyone is competent to give evidence in criminal proceedings unless unable to understand questions put or give intelligible answers. See also section 1 of the Criminal Evidence Act 1898⁴⁸⁴.

Evidence of a witness in writing

25.12

(1) This rule applies where a party wants to introduce in evidence the written statement of a witness to which applies—

(a) Part 16 (Written witness statements);

(b) Part 19 (Expert evidence); or

(2) If the court admits such evidence—

(a) the court and the jury (if there is one) must read the statement;

(b) the gist of the statement must be summarised aloud; and

(c) unless the court otherwise directs, if any member of the public, including any reporter, is present, each relevant part of the statement must be read or summarised aloud.

[Note. See Parts 16, 19 and 20, and the other legislation to which those Parts apply. The admissibility of evidence that a party introduces is governed by rules of evidence.

Evidence by admission

25.13

(1) This rule applies where—

(a) a party introduces in evidence a fact admitted by another party; or

(b) parties jointly admit a fact.

(2) Unless the court otherwise directs, a written record must be made of the admission.

[Note. See section 10 of the Criminal Justice Act 1967⁴⁹². The admissibility of evidence that a party introduces is governed by rules of evidence.]

Directions to the jury and taking the verdict

25.14

(1) This rule applies where there is a jury.

(2) The court must give the jury directions about the relevant law at any time at which to do so will assist jurors to evaluate the evidence.

(3) After following the sequence in rule 25.9 (Procedure on plea of not guilty), the court must—

(a) summarise for the jury, to such extent as is necessary, the evidence relevant to the issues they must decide;

(b) give the jury such questions, if any, as the court invites jurors to answer in coming to a verdict;

(d) if necessary, recall the jury to answer jurors’ questions;

(e) if appropriate, recall the jury to give directions for a verdict by a majority; and

(f) recall the jury when it informs the court that it has reached a verdict.

(4) The court may give the jury directions, questions or other assistance in writing.

(5) When the court recalls the jury to deliver its verdict, the court must ask the foreman chosen by the jury, in respect of each count—

(a) whether the jury has reached a verdict on which all the jurors agree;

(b) if so, whether that verdict is guilty or not guilty;

(c) if not, where the jury has deliberated for at least 2 hours and if the court decides to invite a majority verdict, then—

(i) whether at least 10 (of 11 or 12 jurors), or 9 (of 10 jurors), agreed on a verdict,

(ii) if so, is that verdict guilty or not guilty, and

(iii) if (and only if) such a verdict is guilty, how many jurors agreed to that verdict and how many disagreed.

(6) Where evidence has been given that the defendant was insane, so as not to be responsible for the act or omission charged as the offence, then under paragraph (4)(b) the court must ask whether the jury’s verdict is guilty, not guilty, or not guilty by reason of insanity.

[Note. Under section 17 of the Juries Act 1974⁴⁹³, the court may accept the verdict of a majority, as long as the jury has had at least 2 hours for deliberation.

Conviction or acquittal without a jury

25.15

(1) This rule applies where—

(a) the court tries the case without a jury; and

(b) after following the sequence in rule 25.9 (Procedure on plea of not guilty).

(2) In respect of each count, the court must give reasons for its decision to convict or acquit.

[Note. Under sections 44 and 46 of the Criminal Justice Act 2003⁴⁹⁶, the court may try a case without a jury where there is a danger of jury tampering, or where jury tampering appears to have taken place. Under section 17 of the Domestic Violence, Crime and Victims Act 2004⁴⁹⁷, the court may try sample counts with a jury and other counts without a jury. Part 3 (preparation for trial in the Crown Court) contains rules about an application for such a trial.]

Procedure if the court convicts

25.16

(1) This rule applies where, in respect of any count in the indictment—

(a) the defendant pleads guilty; or

(b) the court convicts the defendant.

(2) The court may exercise its power—

(a) if the defendant is an individual—

(i) to require a pre-sentence report,

(ii) to request a medical report,

(iii) to require a statement of the defendant’s assets and other financial circumstances;

(b) if the defendant is a corporation, to require such information as the court directs about the defendant’s corporate structure and financial resources;

(i) receipt of any such report, statement or information,

(ii) the verdict in a related case.

(3) The prosecutor must—

(a) summarise the prosecution case, if the sentencing court has not heard evidence;

(b) identify in writing any offence that the prosecutor proposes should be taken into consideration in sentencing;

(i) any previous conviction of the defendant, and the circumstances where relevant,

(ii) any statement of the effect of the offence on the victim, the victim’s family or others; and

(d) identify any other matter relevant to sentence, including—

(i) the legislation applicable,

(ii) any sentencing guidelines, or guideline cases,

(iii) aggravating and mitigating features affecting the defendant’s culpability and the harm which the offence caused, was intended to cause or might forseeably have caused, and

(iv) the effect of such of the information listed in paragraph (2) as the court may need to take into account.

(4) Where the defendant pleads guilty, the court may give directions for determining the facts on the basis of which sentence must be passed if—

(a) the defendant wants to be sentenced on a basis agreed with the prosecutor; or

(b) in the absence of such agreement, the defendant wants to be sentenced on the basis of different facts to those disclosed by the prosecution case.

(5) Where the court has power to order the endorsement of the defendant’s driving record, or power to order the defendant to be disqualified from driving—

(a) if other legislation so permits, a defendant who wants the court not to exercise that power must introduce the evidence or information on which the defendant relies;

(b) the prosecutor may introduce evidence; and

(6) Before passing sentence—

(a) the court must give the defendant an opportunity to make representations and introduce evidence relevant to sentence;

(b) where the defendant is under 18, the court may give the defendant’s parents, guardian or other supporting adult, if present, such an opportunity as well; and

(7) When the court has taken into account all the evidence, information and any report available, the court must—

(a) as a general rule, pass sentence at the earliest opportunity;

(b) when passing sentence—

(i) explain the reasons,

(ii) explain to the defendant its effect, the consequences of failing to comply with any order or pay any fine, and any power that the court has to vary or review the sentence, unless the defendant is absent or the defendant’s ill-health or disorderly conduct makes such an explanation impracticable, and

(iii) give any such explanation in terms the defendant, if present, can understand (with help, if necessary); and

(8) The general rule is subject to the court’s power to defer sentence for up to 6 months.

[Note. See sections 143, 158, 164, 172 and 174 of the Criminal Justice Act 2003⁴⁹⁸.

Provision of documents for the court

25.17

(1) Unless the court otherwise directs, a party who introduces a document in evidence, or who otherwise uses a document in presenting that party’s case, must provide a copy for—

(a) each other party;

(b) any witness that party wants to refer to the document; and

(2) If the court so directs, a party who introduces or uses a document for such a purpose must provide a copy for the jury.

(3) Unless the court otherwise directs, on application or on its own initiative, the court officer must provide for the court—

(a) any copy received under paragraph (1) before the trial begins; and

(b) a copy of the court officer’s record of—

(i) information supplied by each party for the purposes of case management, including any revision of information previously supplied,

(ii) each pre-trial direction for the management of the case,

(iii) any pre-trial decision to admit evidence,

(iv) any pre-trial direction about the giving of evidence, and

(v) any admission to which rule 25.13 (Evidence by admission) applies; and

Duty of court officer

25.18

The court officer must—

(a) serve on each party notice of where and when an adjourned hearing will resume, unless that party was present when that was arranged;

(b) if the reason for the adjournment was to postpone sentence, include that reason in any such notice to the defendant;

(c) unless the court otherwise directs, make available to the parties any written report to which rule 25.16(2) applies (pre-sentence and medical reports);

(d) where the court has ordered a defendant to provide information under section 25 of the Road Traffic Offenders Act 1988⁵⁰⁷, serve on the defendant notice of that order unless the defendant was present when it was made;

(e) give the court such other assistance as it requires, including—

(i) selecting jurors from the panel summoned by the Lord Chancellor, under rule 25.6 (Selecting the jury),

(ii) taking the oaths or affirmations of jurors and witnesses, under rules 25.6 and 25.11 (Evidence of a witness in person),

(iii) informing the jurors of the offence or offences charged in the indictment, and of their duty, under rule 25.9 (Procedure on plea of not guilty),

(iv) recording the date and time at which the court gives the jury oral directions under rule 25.14(2) (directions about the law),

(v) recording the date and time at which the court gives the jury any written directions, questions or other assistance under rule 25.14(4), and

(vi) asking the jury foreman to deliver the verdict, under rule 25.14(5).

[Note. See also section 82 of the Senior Courts Act 1981⁵⁰⁸(Duties of officers of Crown Court).

PART 26 — JURORS

Contents of this Part

Appeal against officer's refusal to excuse or postpone jury service	rule 26.1
Excusal from jury service by court	rule 26.2
Provision of information for jurors	rule 26.3
Assessment of juror's availability for long trial, etc.	rule 26.4
Surrender of electronic communication devices by jurors	rule 26.5

Appeal against officer's refusal to excuse or postpone jury service

26.1

(1) This rule applies where a person summoned for jury service in the Crown Court, the High Court or the county court wants to appeal against a refusal by an officer on the Lord Chancellor’s behalf—

(a) to excuse that person from such service; or

(b) to postpone the date on which that person is required to attend for such service.

(2) The appellant must appeal to the court to which the appellant has been summoned.

(3) The appellant must—

(a) apply in writing, as soon as reasonably practicable; and

(b) serve the application on the court officer.

(4) The application must—

(a) attach a copy of—

(i) the jury summons, and

(ii) the refusal to excuse or postpone which is under appeal; and

(b) explain why the court should excuse the appellant from jury service, or postpone its date, as appropriate.

(5) The court to which the appeal is made—

(a) may extend the time for appealing, and may allow the appeal to be made orally;

(b) may determine the appeal at a hearing in public or in private, or without a hearing;

(d) must not determine an appeal unless the appellant has had a reasonable opportunity to make representations in person.

[Note. See sections 9 and 9A of the Juries Act 1974⁵⁰⁹.

Excusal from jury service by court

26.2

At any time before a juror completes the oath or affirmation, the court may exercise its power to excuse him or her from jury service for lack of capacity to act effectively as a juror because of an insufficient understanding of English—

(a) on the court’s own initiative, or where the court officer refers the juror to the court; and

(b) after enquiry of the juror.

[Note. See section 10 of the Juries Act 1974⁵¹⁰.]

Provision of information for jurors

26.3

The court officer must arrange for each juror to receive—

(a) by such means as the Lord Chancellor directs, general information about jury service and about a juror’s responsibilities;

(b) written notice of the prohibitions against—

(i) research by a juror into the case,

(ii) disclosure by a juror of any such research to another juror during the trial,

(iii) conduct by a juror which suggests that that juror intends to try the case otherwise than on the evidence,

(iv) disclosure by a juror of the deliberations of the jury;

(c) written warning that breach of those prohibitions is an offence, for which the penalty is imprisonment or a fine or both, and may be a contempt of court.

[Note. See sections 20A, 20B, 20C and 20D of the Juries Act 1974⁵¹¹.

Assessment of juror's availability for long trial, etc.

26.4

(1) The court may invite each member of a panel of jurors to provide such information, by such means and at such a time as the court directs, about—

(a) that juror’s availability to try a case expected to last for longer than the juror had expected to serve;

(b) any association of that juror with, or any knowledge by that juror of—

(i) a party or witness, or

(ii) any other person, or any place, of significance to the case.

(2) Where jurors provide information under this rule, the court may postpone the selection of the jury to try a case to allow each juror an opportunity to review and amend that information before that selection.

(3) Using that information, the court may exercise its power to excuse a juror from selection as a member of the jury to try a case, but the court must not—

(a) excuse a juror without allowing the parties an opportunity to make representations; or

(b) refuse to excuse a juror without allowing that juror such an opportunity.

Surrender of electronic communication devices by jurors

26.5

(1) This rule applies where the court can order the members of a jury to surrender for a specified period any electronic communication devices that they possess.

(2) The court may make such an order—

(a) on application; or

(b) on its own initiative.

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

(a) apply as soon as reasonably practicable;

(b) notify each other party;

(d) explain why—

(i) the proposed order is necessary or expedient in the interest of justice, and

(ii) the terms of the proposed order are a proportionate means of safeguarding those interests.

[Note. See section 15A of the Juries Act 1974⁵¹².]

PART 27 — RETRIAL AFTER ACQUITTAL

Contents of this Part

General
When this Part applies	rule 27.1

Application for certificate to allow order for retrial
Application for certificate	rule 27.2

Application to Court of Appeal to quash acquittal and order retrial
Application for reporting restriction pending application for order for retrial	rule 27.3
Application for order for retrial	rule 27.4
Respondent's notice	rule 27.5
Application to Crown Court for summons or warrant	rule 27.6
Application of other rules about procedure in the Court of Appeal	rule 27.7

GENERAL

When this Part applies

27.1

(1) Rule 27.2 applies where, under section 54 of the Criminal Procedure and Investigations Act 1996⁵¹³, the Crown Court or a magistrates’ court can certify for the High Court that interference or intimidation has been involved in proceedings leading to an acquittal.

(2) Rules 27.3 to 27.7 apply where, under section 77 of the Criminal Justice Act 2003⁵¹⁴, the Court of Appeal can―

(a) quash an acquittal for a serious offence and order a defendant to be retried; or

(b) order that an acquittal outside the United Kingdom is no bar to the defendant being tried in England and Wales,

if there is new and compelling evidence and it is in the interests of justice to make the order.

APPLICATION FOR CERTIFICATE TO ALLOW ORDER FOR RETRIAL

Application for certificate

27.2

(1) This rule applies where―

(a) a defendant has been acquitted of an offence;

(b) a person has been convicted of one of the following offences involving interference with or intimidation of a juror or a witness (or potential witness) in any proceedings which led to the defendant’s acquittal―

(i) perverting the course of justice,

(ii) intimidation etc. of witnesses, jurors and others under section 51(1) of the Criminal Justice and Public Order Act 1994⁵¹⁵, or

(iii) aiding, abetting, counselling, procuring, suborning or inciting another person to commit an offence under section 1 of the Perjury Act 1911⁵¹⁶; and

(c) the prosecutor wants the court by which that person was convicted to certify for the High Court that there is a real possibility that, but for the interference or intimidation, the defendant would not have been acquitted.

(2) The prosecutor must—

(a) apply in writing as soon as practicable after that person’s conviction; and

(b) serve the application on—

(i) the court officer, and

(ii) the defendant who was acquitted, if the court so directs.

(3) The application must—

(a) give details, with relevant facts and dates, of—

(i) the conviction for interference or intimidation, and

(ii) the defendant’s acquittal; and

(b) explain—

(i) why there is a real possibility that, but for the interference or intimidation, the defendant would not have been acquitted, and

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