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The Criminal Procedure Rules 2015

Type Statutory-Instrument

Publication 2015-07-03

Last updated 2020-10-05

State In force

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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 1988[^f00455], 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 1980[^f00456].

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 1980[^f00457], 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 1980[^f00458], 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 1981[^f00459].

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 2000[^f00463] 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 2000[^f00464]. 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 1974[^f00465]. 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 1974[^f00469].]

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 1825[^f00470]and section 12 of the Juries Act 1974[^f00471].]

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 1861[^f00472] 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 2004[^f00473].

(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 1964[^f00482].

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 1999[^f00483]provides 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 1898[^f00484].

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 1967[^f00492]. 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 1974[^f00493], 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 2003[^f00496], 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 2004[^f00497], 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 2003[^f00498].

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 1988[^f00507], 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 1981[^f00508](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 1974[^f00509].

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 1974[^f00510].]

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 1974[^f00511].

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 1974[^f00512].]

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 1996[^f00513], 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 2003[^f00514], 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 1994[^f00515], or

(iii) aiding, abetting, counselling, procuring, suborning or inciting another person to commit an offence under section 1 of the Perjury Act 1911[^f00516]; 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

(ii) why it would not be contrary to the interests of justice to prosecute the defendant again for the offence of which he or she was acquitted, despite any lapse of time or other reason.

(4) The court may—

(a) extend the time limit under paragraph (2);

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

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

(ii) without a hearing.

(5) If the court gives a certificate, the court officer must serve it on―

(a) the prosecutor; and

(b) the defendant who was acquitted.

[Note: See Section 54 of the Criminal Procedure and Investigations Act 1996 (Acquittals tainted by intimidation, etc.).

APPLICATION TO COURT OF APPEAL TO QUASH ACQUITTAL AND ORDER RETRIAL

Application for reporting restriction pending application for order for retrial

27.3

(1) This rule applies where―

(a) no application has been made under rule 27.4 (Application for order for retrial);

(b) an investigation by officers has begun into an offence with a view to an application under that rule; and

(c) the Director of Public Prosecutions wants the Court of Appeal to make, vary or remove an order for a reporting restriction under section 82 of the Criminal Justice Act 2003 (Restrictions on publication in the interests of justice).

(2) The Director must—

(a) apply in writing;

(b) serve the application on—

(i) the Registrar, and

(ii) the defendant, unless the court otherwise directs.

(3) The application must, as appropriate—

(a) explain why the Director wants the court to direct that it need not be served on the defendant until the application under rule 27.4 is served;

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

(d) explain why an order should be varied or removed.

[Note: For other rules about reporting restrictions, see Part 6.]

Application for order for retrial

27.4

(1) This rule applies where―

(a) a defendant has been acquitted—

(i) in the Crown Court, or on appeal from the Crown Court, of an offence listed in Part 1 of Schedule 5 to the Criminal Justice Act 2003[^f00518] (qualifying offences),

(ii) in proceedings elsewhere than in the United Kingdom of an offence under the law of that place, if what was alleged would have amounted to or included one of those listed offences;

(b) with the Director of Public Prosecutions’ written consent, a prosecutor wants the Court of Appeal to make an order, as the case may be—

(i) quashing the acquittal in the Crown Court and ordering the defendant to be retried for the offence, or

(ii) declaring whether the acquittal outside the United Kingdom is a bar to the defendant’s trial in England and Wales and, if it is, whether that acquittal shall not be such a bar.

(2) Such a prosecutor must—

(a) apply in writing;

(b) serve the application on the Registrar;

(i) the application, and

(ii) a notice charging the defendant with the offence, unless the defendant has already been arrested and charged under section 87 of the Criminal Justice Act 2003[^f00519] (arrest, under warrant or otherwise, and charge).

(3) The application must—

(a) give details, with relevant facts and dates, of the defendant’s acquittal;

(b) explain—

(i) what new and compelling evidence there is against the defendant, and

(ii) why in all the circumstances it would be in the interests of justice for the court to make the order sought;

(i) an order under section 80(6) of the Criminal Justice Act 2003[^f00520] (Procedure and evidence) for the production of any document, exhibit or other thing which in the prosecutor’s opinion is necessary for the determination of the application,

(ii) an order under that section for the attendance before the court of any witness who would be a compellable witness at the trial the prosecutor wants the court to order,

(iii) an order for a reporting restriction under section 82 of the Criminal Justice Act 2003[^f00521] (Restrictions on publication in the interests of justice); and

(d) attach—

(i) written witness statements of the evidence on which the prosecutor relies as new and compelling evidence against the defendant,

(ii) relevant documents from the trial at which the defendant was acquitted, including a record of the offence or offences charged and of the evidence given, and

(iii) any other document or thing that the prosecutor thinks the court will need to decide the application.

[Note. See sections 75, 76, 77, 80 and 82 of the Criminal Justice Act 2003[^f00522]. Under Part 1 of Schedule 5 to that Act, the qualifying offences include murder and other serious offences against the person, offences of importation and exportation of Class A drugs, offences of causing explosions and other serious damage, terrorism offences and war crimes and other international offences.

Respondent's notice

27.5

(1) A defendant on whom a prosecutor serves an application may serve a respondent’s notice, and must do so if the defendant wants to make representations to the court.

(2) Such a defendant must serve the respondent’s notice on—

(a) the Registrar; and

(b) the prosecutor,

not more than 28 days after service of the application.

(3) The respondent’s notice must—

(a) give the date on which the respondent was served with the prosecutor’s application;

(b) summarise any relevant facts not contained in that application;

(d) include or attach any application for the following, with reasons—

(i) an extension of time within which to serve the respondent’s notice,

(ii) bail pending the hearing of the prosecutor’s application, if the defendant is in custody,

(iii) a direction to attend in person any hearing that the defendant could attend by live link, if the defendant is in custody,

(iv) an order under section 80(6) of the Criminal Justice Act 2003 (Procedure and evidence) for the production of any document, exhibit or other thing which in the defendant’s opinion is necessary for the determination of the prosecutor’s application,

(v) an order under that section for the attendance before the court of any witness who would be a compellable witness at the trial the prosecutor wants the court to order; and

(e) attach or identify any other document or thing that the defendant thinks the court will need to decide the application.

Application to Crown Court for summons or warrant

27.6

(1) This rule applies where―

(a) the prosecutor has served on the Registrar an application under rule 27.4 (Application for order for retrial);

(b) the defendant is not in custody as a result of arrest under section 88 of the Criminal Justice Act 2003[^f00523] (Bail and custody before application); and

(i) a summons requiring the defendant to appear before the Court of Appeal at the hearing of the prosecutor’s application, or

(ii) a warrant for the defendant’s arrest

under section 89 of the 2003 Act[^f00524] (Bail and custody before hearing).

(2) The prosecutor must—

(a) apply in writing; and

(b) serve the application on the Crown Court officer.

(3) The application must—

(a) explain what the case is about, including a brief description of the defendant’s acquittal, the new evidence and the stage that the application to the Court of Appeal has reached;

(b) specify—

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

(ii) each offence charged, and

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

[Note. Under section 87 of the Criminal Justice Act 2003[^f00525], in the circumstances prescribed by that section a justice of the peace may issue a warrant for the arrest of the defendant who was acquitted and that defendant may be charged with an offence that is to be the subject of an application to the Court of Appeal under rule 27.4.

Application of other rules about procedure in the Court of Appeal

27.7

On an application under rule 27.4 (Application for order for retrial)—

(a) the rules in Part 36 (Appeal to the Court of Appeal: general rules) apply with the necessary modifications;

(b) rules 39.8, 39.9 and 39.10 (bail and bail conditions in the Court of Appeal) apply as if the references in those rules to appeal included references to an application under rule 27.4; and

(c) rule 39.14 (Renewal or setting aside of order for retrial) applies as if the reference to section 7 of the Criminal Appeal Act 1968[^f00526] were a reference to section 84 of the Criminal Justice Act 2003[^f00527] (Retrial).

[Note. See also the notes to the rules listed in this rule.

PART 28 — SENTENCING PROCEDURES IN SPECIAL CASES

Contents of this Part

Reasons for not following usual sentencing requirements	rule 28.1
Notice of requirements of suspended sentence and community, etc. orders	rule 28.2
Notification requirements	rule 28.3
Variation of sentence	rule 28.4
Application to vary or discharge a compensation, etc. order	rule 28.5
Application to remove, revoke or suspend a disqualification or restriction	rule 28.6
Application for a restitution order by the victim of a theft	rule 28.7
Requests for medical reports, etc.	rule 28.8
Information to be supplied on admission to hospital or guardianship	rule 28.9
Information to be supplied on committal for sentence, etc.	rule 28.10
Application to review sentence because of assistance given or withheld	rule 28.11

[Note. See also—

(a) Part 24, which contains rules about the general procedure on sentencing in a magistrates’ court;

(b) Part 25, which contains rules about the general procedure on sentencing in the Crown Court;

(d) Part 30 (Enforcement of fines and other orders for payment); and

(e) Part 32 (Breach, revocation and amendment of community and other orders).]

Reasons for not following usual sentencing requirements

28.1

(1) This rule applies where the court decides—

(a) not to follow a relevant sentencing guideline;

(b) not to make, where it could—

(i) a reparation order (unless it passes a custodial or community sentence),

(ii) a compensation order,

(iii) a slavery and trafficking reparation order, or

(iv) a travel restriction order;

(i) that a suspended sentence of imprisonment is to take effect,

(ii) the endorsement of the defendant’s driving record, or

(iii) the defendant’s disqualification from driving, for the usual minimum period or at all;

(d) to pass a lesser sentence than it otherwise would have passed because the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence.

(2) The court must explain why it has so decided, when it explains the sentence that it has passed.

(3) Where paragraph (1)(d) applies, the court must arrange for such an explanation to be given to the defendant and to the prosecutor in writing, if the court thinks that it would not be in the public interest to explain in public.

[Note. See section 174 of the Criminal Justice Act 2003[^f00529]; section 73(8) of the Powers of Criminal Courts (Sentencing) Act 2000[^f00530]; section 130(3) of the 2000 Act[^f00531]; section 8(7) of the Modern Slavery Act 2015[^f00532]; section 33(2) of the Criminal Justice and Police Act 2001[^f00533]; paragraph 8(3) of Schedule 12 to the 2003 Act[^f00534]; section 47(1) of the Road Traffic Offenders Act 1988[^f00535]; and section 73 of the Serious Organised Crime and Police Act 2005[^f00536].

Notice of requirements of suspended sentence and community, etc. orders

28.2

(1) This rule applies where the court—

(a) makes a suspended sentence order;

(b) imposes a requirement under—

(i) a community order,

(ii) a youth rehabilitation order, or

(iii) a suspended sentence order; or

(2) The court officer must notify—

(a) the defendant of—

(i) the length of the sentence suspended by a suspended sentence order, and

(ii) the period of the suspension;

(b) the defendant and, where the defendant is under 14, an appropriate adult, of—

(i) any requirement or requirements imposed, and

(ii) the identity of any responsible officer or supervisor, and the means by which that person may be contacted;

(c) any responsible officer or supervisor, and, where the defendant is under 14, the appropriate qualifying officer (if that is not the responsible officer), of—

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

(ii) the offence or offences of which the defendant was convicted, and

(iii) the requirement or requirements imposed; and

(d) the person affected, where the court imposes a requirement—

(i) for the protection of that person from the defendant, or

(ii) requiring the defendant to reside with that person.

(3) If the court imposes an electronic monitoring requirement, the monitor of which is not the responsible officer, the court officer must—

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

(b) notify the monitor of—

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

(ii) the offence or offences of which the defendant was convicted,

(iii) the place or places at which the defendant’s presence must be monitored,

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

(v) the identity of the responsible officer, and the means by which that officer may be contacted.

[Note. See section 219(1) of the Criminal Justice Act 2003[^f00541]; paragraph 34(1) of Schedule 1 to the Criminal Justice and Immigration Act 2008[^f00542]; and section 1A(7) of the Street Offences Act 1959[^f00543].

Notification requirements

28.3

(1) This rule applies where, on a conviction, sentence or order, legislation requires the defendant—

(a) to notify information to the police; or

(b) to be included in a barred list.

(2) The court must tell the defendant that such requirements apply, and under what legislation.

[Note. For the circumstances in which a defendant is required to notify information to the police, see—

(a) Part 2 of, and Schedule 3 to, the Sexual Offences Act 2003[^f00550](notification after conviction of a specified sexual offence for which a specified sentence is imposed);

(b) Part 4 of the Counter Terrorism Act 2008[^f00551](notification after conviction of a specified offence of, or connected with, terrorism, for which a specified sentence is imposed).

Variation of sentence

28.4

(1) This rule—

(a) applies where a magistrates’ court or the Crown Court can vary or rescind a sentence or order, other than an order to which rule 24.18 applies (Setting aside a conviction or varying a costs etc. order); and

(b) authorises the Crown Court, in addition to its other powers, to do so within the period of 56 days beginning with another defendant’s acquittal or sentencing where—

(i) defendants are tried separately in the Crown Court on the same or related facts alleged in one or more indictments, and

(ii) one is sentenced before another is acquitted or sentenced.

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

(a) apply in writing as soon as reasonably practicable after—

(i) the sentence or order that that party wants the court to vary or rescind, or

(ii) where paragraph (1)(b) applies, the other defendant’s acquittal or sentencing;

(b) serve the application on—

(i) the court officer, and

(ii) each other party; and

(i) explain why the sentence should be varied or rescinded,

(ii) specify the variation that the applicant proposes, and

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

(4) The court must not exercise its power in the defendant’s absence unless—

(a) the court makes a variation—

(i) which is proposed by the defendant, or

(ii) the effect of which is that the defendant is no more severely dealt with under the sentence as varied than before; or

(b) the defendant has had an opportunity to make representations at a hearing (whether or not the defendant in fact attends).

(5) The court may—

(a) extend (even after it has expired) the time limit under paragraph (3), unless the court’s power to vary or rescind the sentence cannot be exercised;

(b) allow an application to be made orally.

[Note. Under section 142 of the Magistrates’ Courts Act 1980[^f00554], in some cases a magistrates’ court can vary or rescind a sentence or other order that it has imposed or made, if that appears to be in the interests of justice. The power cannot be exercised if the Crown Court or the High Court has determined an appeal about that sentence or order. See also rule 24.18 (Setting aside a conviction or varying a costs etc. order), which governs the exercise by a magistrates’ court of the power conferred by section 142 of the 1980 Act in the circumstances to which that rule applies.

Application to vary or discharge a compensation, etc. order

28.5

(1) This rule applies where on application by the defendant a magistrates’ court can vary or discharge—

(a) a compensation order; or

(b) a slavery and trafficking reparation order.

(2) A defendant who wants the court to exercise that power must—

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

(b) serve the application on the magistrates’ court officer;

(d) in the application, specify the order that the defendant wants the court to vary or discharge and explain (as applicable)—

(i) what civil court finding shows that the injury, loss or damage was less than it had appeared to be when the order was made,

(ii) in what circumstances the person for whose benefit the order was made has recovered the property for the loss of which it was made,

(iii) why a confiscation order, unlawful profit order or slavery and trafficking reparation order makes the defendant now unable to pay compensation or reparation in full, or

(iv) in what circumstances the defendant’s means have been reduced substantially and unexpectedly, and why they seem unlikely to increase for a considerable period.

(3) The court officer must serve a copy of the application on the person for whose benefit the order was made.

(4) The court must not vary or discharge the order unless—

(a) the defendant, and the person for whose benefit it was made, each has had an opportunity to make representations at a hearing (whether or not either in fact attends); and

(b) where the order was made in the Crown Court, the Crown Court has notified its consent.

[Note. For the circumstances in which—

(a) the court may make a compensation order, see section 130 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00556];

(b) the court may make a slavery and trafficking reparation order, see section 8 of the Modern Slavery Act 2015[^f00557];

(c) a magistrates’ court with power to enforce such an order may vary or discharge it under the 2000 Act, see section 133[^f00558]. (Under section 133(4), where the order was made in the Crown Court, the magistrates’ court must first obtain the Crown Court’s consent.)]

Application to remove, revoke or suspend a disqualification or restriction

28.6

(1) This rule applies where, on application by the defendant, the court can remove, revoke or suspend a disqualification or restriction included in a sentence (except a disqualification from driving).

(2) A defendant who wants the court to exercise such a power must—

(a) apply in writing, no earlier than the date on which the court can exercise the power;

(b) serve the application on the court officer; and

(i) specify the disqualification or restriction, and

(ii) explain why the defendant wants the court to remove, revoke or suspend it.

(3) The court officer must serve a copy of the application on the chief officer of police for the local justice area.

[Note. Part 29 contains rules about disqualification from driving. See in particular rule 29.2.

Application for a restitution order by the victim of a theft

28.7

(1) This rule applies where, on application by the victim of a theft, the court can order a defendant to give that person goods obtained with the proceeds of goods stolen in that theft.

(2) A person who wants the court to exercise that power if the defendant is convicted must—

(a) apply in writing as soon as practicable (without waiting for the verdict);

(b) serve the application on the court officer; and

(i) identify the goods, and

(ii) explain why the applicant is entitled to them.

(3) The court officer must serve a copy of the application on each party.

(4) The court must not determine the application unless the applicant and each party has had an opportunity to make representations at a hearing (whether or not each in fact attends).

(5) The court may —

(a) extend (even after it has expired) the time limit under paragraph (2); and

(b) allow an application to be made orally.

[Note. For the circumstances in which the court may order—

(a) the return of stolen goods, see section 148 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00561];

(b) the defendant to give the victim of the theft goods that are not themselves the stolen goods but which represent their proceeds, see section 148(2)(b) of the 2000 Act.]

Requests for medical reports, etc.

28.8

(1) This rule applies where the court—

(a) requests a medical examination of the defendant and a report; or

(b) requires information about the arrangements that could be made for the defendant where the court is considering—

(i) a hospital order, or

(ii) a guardianship order.

(2) Unless the court otherwise directs, the court officer must, as soon as practicable, serve on each person from whom a report or information is sought a note that—

(a) specifies the power exercised by the court;

(b) explains why the court seeks a report or information from that person; and

[Note. The court may request a medical examination of the defendant and a report in connection with—

(a) section 4 of the Criminal Procedure (Insanity) Act 1964[^f00562], under which the Crown Court may determine a defendant’s fitness to plead;

(b) section 35 of the Mental Health Act 1983[^f00563], under which the court may order the defendant’s detention in hospital to obtain a further medical report;

(c) section 36 of the 1983 Act[^f00564], under which the Crown Court may order the defendant’s detention in hospital instead of in custody pending trial;

(d) section 37 of the 1983 Act[^f00565], under which the court may order the defendant’s detention and treatment in hospital, or make a guardianship order, instead of disposing of the case in another way;

(e) section 38 of the 1983 Act[^f00566], under which the court may order the defendant’s temporary detention and treatment in hospital instead of disposing of the case in another way;

(f) section 157 of the Criminal Justice Act 2003[^f00567], under which the court must usually obtain and consider a medical report before passing a custodial sentence if the defendant is, or appears to be, mentally disordered;

(g) section 207 of the 2003 Act[^f00568](in the case of a defendant aged 18 or over), or section 1(1)(k) of the Criminal Justice and Immigration Act 2008[^f00569](in the case of a defendant who is under 18), under which the court may impose a mental health treatment requirement.

Information to be supplied on admission to hospital or guardianship

28.9

(1) This rule applies where the court—

(a) orders the defendant’s detention and treatment in hospital; or

(b) makes a guardianship order.

(2) Unless the court otherwise directs, the court officer must, as soon as practicable, serve on (as applicable) the hospital or the guardian—

(a) a record of the court’s order;

(b) such information as the court has received that appears likely to assist in treating or otherwise dealing with the defendant, including information about—

(i) the defendant’s mental condition,

(ii) the defendant’s other circumstances, and

(iii) the circumstances of the offence.

[Note. For the circumstances in which the court may order the defendant’s detention and treatment in hospital, see sections 35, 36, 37, 38 and 44 of the Mental Health Act 1983[^f00572]. For the circumstances in which the court may make a guardianship order, see the same section 37.]

Information to be supplied on committal for sentence, etc.

28.10

(1) This rule applies where a magistrates’ court or the Crown Court convicts the defendant and—

(a) commits or adjourns the case to another court—

(i) for sentence, or

(ii) for the defendant to be dealt with for breach of a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by that other court;

(b) deals with a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by another court; or

(2) Unless the convicting court otherwise directs, the court officer must, as soon as practicable—

(a) where paragraph (1)(a) applies, arrange the transmission from the convicting to the other court of a record of any relevant—

(i) certificate of conviction,

(ii) magistrates’ court register entry,

(iii) decision about bail, for the purposes of section 5 of the Bail Act 1976[^f00573],

(iv) note of evidence,

(v) statement or other document introduced in evidence,

(vi) medical or other report,

(vii) representation order or application for such order, and

(viii) interim driving disqualification;

(b) where paragraph (1)(b) or (c) applies, arrange—

(i) the transmission from the convicting to the other court of notice of the convicting court’s order, and

(ii) the recording of that order at the other court;

(c) in every case, notify the defendant and, where the defendant is under 14, an appropriate adult, of the location of the other court.

[Note. For the circumstances in which—

(a) a magistrates’ court may (and in some cases must) commit the defendant to the Crown Court for sentence, see sections 3, 3A, 3B, 3C, 4, 4A and 6 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00574]and section 43 of the Mental Health Act 1983[^f00575];

(b) a magistrates’ court may adjourn the case to another magistrates’ court for sentence, see section 10 of the Magistrates’ Courts Act 1980[^f00576]and section 10 of the 2000 Act[^f00577];

(c) a magistrates’ court or the Crown Court may (and in some cases must) adjourn the case to a youth court for sentence, see section 8 of the 2000 Act[^f00578];

(d) a youth court may adjourn the case to a magistrates’ court for sentence, see section 9 of the 2000 Act[^f00579];

(e) a magistrates’ court may transfer a fine to be enforced to another court, see sections 89 and 90 of the 1980 Act[^f00580].

Application to review sentence because of assistance given or withheld

28.11

(1) This rule applies where the Crown Court can reduce or increase a sentence on application by a prosecutor in a case in which—

(a) since being sentenced, the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence; or

(b) since receiving a reduced sentence for agreeing to give such assistance, the defendant has failed to do so.

(2) A prosecutor who wants the court to exercise that power must—

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

(b) serve the application on—

(i) the court officer, and

(ii) the defendant; and

(i) explain why the sentence should be reduced, or increased, as appropriate, and

(ii) identify any other matter relevant to the court’s decision, including any sentencing guideline or guideline case.

(3) The general rule is that the application must be determined by the judge who passed the sentence, unless that judge is unavailable.

(4) The court must not determine the application in the defendant’s absence unless the defendant has had an opportunity to make representations at a hearing (whether or not the defendant in fact attends).

[Note. Under section 73 of the Serious Organised Crime and Police Act 2005[^f00587], the Crown Court may pass a lesser sentence than it otherwise would have passed because the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence.

PART 29 — ROAD TRAFFIC PENALTIES

Contents of this Part

Representations about obligatory disqualification or endorsement	rule 29.1
Application to remove a disqualification from driving	rule 29.2
Information to be supplied on order for endorsement of driving record, etc.	rule 29.3
Statutory declaration to avoid fine after fixed penalty notice	rule 29.4
Application for declaration about a course or programme certificate decision	rule 29.5
Appeal against recognition of foreign driving disqualification	rule 29.6

[Note. Part 24 contains rules about the general procedure on sentencing in a magistrates’ court. Part 25 contains corresponding rules for the Crown Court.]

Representations about obligatory disqualification or endorsement

29.1

(1) This rule applies—

(a) where the court—

(i) convicts the defendant of an offence involving obligatory disqualification from driving and section 34(1) of the Road Traffic Offenders Act 1988[^f00589] (Disqualification for certain offences) applies,

(ii) convicts the defendant of an offence where section 35 of the 1988 Act[^f00590] (Disqualification for repeated offences) applies, or

(iii) convicts the defendant of an offence involving obligatory endorsement of the defendant’s driving record and section 44 of the 1988 Act[^f00591] (Orders for endorsement) applies;

(b) unless the defendant is absent.

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

(a) where paragraph (1)(a)(i) applies (obligatory disqualification under section 34)—

(i) that the court must order the defendant to be disqualified from driving for a minimum of 12 months (or 2 or 3 years, as the case may be, according to the offence and the defendant’s driving record), unless the court decides that there are special reasons to order disqualification for a shorter period, or not to order disqualification at all, and

(ii) if applicable, that the period of disqualification will be reduced by at least 3 months if, by no later than 2 months before the end of the reduced period, the defendant completes an approved driving course;

(b) where paragraph (1)(a)(ii) applies (disqualification under section 35)—

(i) that the court must order the defendant to be disqualified from driving for a minimum of 6 months (or 1 or 2 years, as the case may be, according to the defendant’s driving record), unless, having regard to all the circumstances, the court decides to order disqualification for a shorter period, or not to order disqualification at all, and

(ii) that circumstances of which the court cannot take account in making its decision are any that make the offence not a serious one; hardship (other than exceptional hardship); and any that during the last 3 years already have been taken into account by a court when ordering disqualification for less than the usual minimum period, or not at all, for repeated driving offences;

(c) where paragraph (1)(a)(iii) applies (obligatory endorsement), that the court must order the endorsement of the defendant’s driving record unless the court decides that there are special reasons not to do so;

(d) in every case, as applicable—

(i) that the court already has received representations from the defendant about whether any such special reasons or mitigating circumstances apply and will take account of them, or

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