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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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(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 2003⁵¹⁸ (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 2003⁵¹⁹ (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 2003⁵²⁰ (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 2003⁵²¹ (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 2003⁵²². 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 2003⁵²³ (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 Act⁵²⁴ (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 2003⁵²⁵, 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 1968⁵²⁶ were a reference to section 84 of the Criminal Justice Act 2003⁵²⁷ (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 2003⁵²⁹; section 73(8) of the Powers of Criminal Courts (Sentencing) Act 2000⁵³⁰; section 130(3) of the 2000 Act⁵³¹; section 8(7) of the Modern Slavery Act 2015⁵³²; section 33(2) of the Criminal Justice and Police Act 2001⁵³³; paragraph 8(3) of Schedule 12 to the 2003 Act⁵³⁴; section 47(1) of the Road Traffic Offenders Act 1988⁵³⁵; and section 73 of the Serious Organised Crime and Police Act 2005⁵³⁶.

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 2003⁵⁴¹; paragraph 34(1) of Schedule 1 to the Criminal Justice and Immigration Act 2008⁵⁴²; and section 1A(7) of the Street Offences Act 1959⁵⁴³.

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 2003⁵⁵⁰(notification after conviction of a specified sexual offence for which a specified sentence is imposed);

(b) Part 4 of the Counter Terrorism Act 2008⁵⁵¹(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 1980⁵⁵⁴, 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 2000⁵⁵⁶;

(b) the court may make a slavery and trafficking reparation order, see section 8 of the Modern Slavery Act 2015⁵⁵⁷;

(c) a magistrates’ court with power to enforce such an order may vary or discharge it under the 2000 Act, see section 133⁵⁵⁸. (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 2000⁵⁶¹;

(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 1964⁵⁶², under which the Crown Court may determine a defendant’s fitness to plead;

(b) section 35 of the Mental Health Act 1983⁵⁶³, under which the court may order the defendant’s detention in hospital to obtain a further medical report;

(c) section 36 of the 1983 Act⁵⁶⁴, 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 Act⁵⁶⁵, 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 Act⁵⁶⁶, 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 2003⁵⁶⁷, 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 Act⁵⁶⁸(in the case of a defendant aged 18 or over), or section 1(1)(k) of the Criminal Justice and Immigration Act 2008⁵⁶⁹(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 1983⁵⁷². 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 1976⁵⁷³,

(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 2000⁵⁷⁴and section 43 of the Mental Health Act 1983⁵⁷⁵;

(b) a magistrates’ court may adjourn the case to another magistrates’ court for sentence, see section 10 of the Magistrates’ Courts Act 1980⁵⁷⁶and section 10 of the 2000 Act⁵⁷⁷;

(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 Act⁵⁷⁸;

(d) a youth court may adjourn the case to a magistrates’ court for sentence, see section 9 of the 2000 Act⁵⁷⁹;

(e) a magistrates’ court may transfer a fine to be enforced to another court, see sections 89 and 90 of the 1980 Act⁵⁸⁰.

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 2005⁵⁸⁷, 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 1988⁵⁸⁹ (Disqualification for certain offences) applies,

(ii) convicts the defendant of an offence where section 35 of the 1988 Act⁵⁹⁰ (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 Act⁵⁹¹ (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

(ii) that the defendant may make such representations now, on oath or affirmation.

(3) Unless the court already has received such representations from the defendant, before it applies rule 24.11 (magistrates’ court procedure if the court convicts) or rule 25.16 (Crown Court procedure if the court convicts), as the case may be, the court must—

(a) ask whether the defendant wants to make any such representations; and

(b) if the answer to that question is ‘yes’, require the defendant to take an oath or affirm and make them.

[Note. For the circumstances in which the court—

(a) may, and in some cases must, order disqualification from driving under the Road Traffic Offenders Act 1988, see sections 26, 34, 35 and 36 of that Act⁵⁹²;

(b) may, for some reasons or in some circumstances, abbreviate or dispense with a period of disqualification otherwise required by the 1988 Act, see sections 34(1) and 35(1), (4) of that Act;

Application to remove a disqualification from driving

29.2

(1) This rule applies where, on application by the defendant, the court can remove a disqualification from driving.

(2) A defendant who wants the court to exercise that 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, and

(ii) explain why the defendant wants the court to remove it.

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

[Note. For the circumstances in which the court may remove a disqualification from driving imposed under section 34 or 35 of the Road Traffic Offenders Act 1988, see section 42 of the Act⁵⁹⁴. The court may not consider an application made within 2 years of the disqualification, in any case; or, after that, before a specified period has expired.]

Information to be supplied on order for endorsement of driving record, etc.

29.3

(1) This rule applies where the court—

(a) convicts the defendant of an offence involving obligatory endorsement, and orders there to be endorsed on the defendant’s driving record (and on any counterpart licence, if other legislation requires)—

(i) particulars of the conviction,

(ii) particulars of any disqualification from driving that the court imposes, and

(iii) the penalty points to be attributed to the offence;

(b) disqualifies the defendant from driving for any other offence; or

(2) The court officer must, as soon as practicable, serve on the Secretary of State notice that includes details of—

(a) where paragraph (1)(a) applies—

(i) the local justice area in which the court is acting,

(ii) the dates of conviction and sentence,

(iii) the offence, and the date on which it was committed,

(iv) the sentence, and

(v) the date of birth, and sex, of the defendant, where those details are available;

(b) where paragraph (1)(b) applies—

(i) the date and period of the disqualification,

(ii) the power exercised by the court;

(i) the date and period of the disqualification,

(ii) the date and terms of the order for its suspension or removal,

(iii) the power exercised by the court, and

(iv) where the court suspends the disqualification pending appeal, the court to which the defendant has appealed.

[Note. See sections 39(3), 42(5), 44A, 47 and 97A of the Road Traffic Offenders Act 1988⁵⁹⁵.

Statutory declaration to avoid fine after fixed penalty notice

29.4

(1) This rule applies where—

(a) a chief officer of police, or the Secretary of State, serves on the magistrates’ court officer a certificate registering, for enforcement as a fine, a sum payable by a defendant after failure to comply with a fixed penalty notice;

(b) the court officer notifies the defendant of the registration; and

(i) the fixed penalty notice, or any associated notice sent to the defendant as owner of the vehicle concerned, and

(ii) the registration and any enforcement proceedings.

(2) The defendant must serve that statutory declaration not more than 21 days after service of notice of the registration, unless the court extends that time limit.

(3) The court officer must—

(a) serve a copy of the statutory declaration on the person by whom the certificate was registered;

(b) cancel any endorsement on the defendant’s driving record (and on any counterpart licence, if other legislation requires); and

[Note. See sections 72(1), (6), (6A), 73(1) and 74(2) of the Road Traffic Offenders Act 1988⁶⁰¹.

Application for declaration about a course or programme certificate decision

29.5

(1) This rule applies where the court can declare unjustified—

(a) a course provider’s failure or refusal to give a certificate of the defendant’s satisfactory completion of an approved course; or

(b) a programme provider’s giving of a certificate of the defendant’s failure fully to participate in an approved programme.

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

(a) apply in writing, not more than 28 days after—

(i) the date by which the defendant was required to complete the course, or

(ii) the giving of the certificate of failure fully to participate in the programme;

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

(i) that the course provider has failed to give a certificate,

(ii) where the course provider has refused to give a certificate, why the defendant disagrees with the reasons for that decision, or

(iii) where the programme provider has given a certificate, why the defendant disagrees with the reasons for that decision.

(3) The court officer must serve a copy of the application on the course or programme provider.

(4) The court must not determine the application unless the defendant, and the course or programme provider, each has had an opportunity to make representations at a hearing (whether or not either in fact attends).

[Note. For the circumstances in which the court may reduce a road traffic penalty on condition that the defendant attend an approved course, or take part in an approved programme, see sections 30A, 34A and 34D of the Road Traffic Offenders Act 1988⁶⁰⁴.

Appeal against recognition of foreign driving disqualification

29.6

(1) This rule applies where—

(a) a Minister gives a disqualification notice under section 57 of the Crime (International Co-operation) Act 2003⁶⁰⁶; and

(b) the person to whom it is given wants to appeal under section 59 of the Act⁶⁰⁷ to a magistrates’ court.

(2) That person (‘the appellant’) must serve an appeal notice on—

(a) the court officer, at a magistrates’ court in the local justice area in which the appellant lives; and

(b) the Minister, at the address given in the disqualification notice.

(3) The appellant must serve the appeal notice within the period for which section 59 of the 2003 Act provides.

(4) The appeal notice must—

(a) attach a copy of the disqualification notice;

(b) explain which of the conditions in section 56 of the 2003 Act⁶⁰⁸ is not met, and why section 57 of the Act therefore does not apply; and

(5) The Minister may serve a respondent’s notice, and must do so if—

(a) the Minister wants to make representations to the court; or

(b) the court so directs.

(6) The Minister must—

(a) unless the court otherwise directs, serve any such respondent’s notice not more than 14days after—

(i) the appellant serves the appeal notice, or

(ii) a direction to do so;

(b) in any such respondent’s notice—

(i) identify the grounds of opposition on which the Minister relies,

(ii) summarise any relevant facts not already included in the disqualification and appeal notices, and

(iii) identify any other document that the Minister thinks the court will need to decide the appeal (and serve any such document with the notice).

(7) Where the court determines an appeal, the general rule is that it must do so at a hearing (which must be in public, unless the court otherwise directs).

(8) The court officer must serve on the Minister—

(a) notice of the outcome of the appeal;

(b) notice of any suspension of the disqualification; and

[Note. Section 56 of the Crime (International Co-operation) Act 2003 sets out the conditions for recognition in the United Kingdom of a foreign driving disqualification, and provides that section 57 of the Act applies where they are met. Under section 57, the appropriate Minister may, and in some cases must, give the person concerned notice that he or she is disqualified in the UK, too, and for what period.

PART 30 — ENFORCEMENT OF FINES AND OTHER ORDERS FOR PAYMENT

Contents of this Part

When this Part applies	rule 30.1
Exercise of court's powers	rule 30.2
Duty to give receipt	rule 30.3
Appeal against decision of fines officer	rule 30.4
Application to reduce a fine, vary payment terms or remit a courts charge	rule 30.5
Claim to avoid fine after penalty notice	rule 30.6
Information to be included in a warrant of control	rule 30.7
Warrant of control: application by enforcement agent for extension of time, etc.	rule 30.8
Warrant of control: application to resolve dispute	rule 30.9
Financial penalties imposed in other European Union member States	rule 30.10

[Note. Part 13 contains rules about warrants for arrest, detention or imprisonment, including such warrants issued for failure to pay fines, etc.

Part 24 contains rules about the procedure on sentencing in a magistrates’ court.

Part 28 contains rules about the exercise of a magistrates’ court’s powers to enforce an order made by another court.]

When this Part applies

30.1

(1) This Part applies where a magistrates’ court can enforce payment of—

(a) a fine, or a sum that legislation requires the court to treat as a fine; or

(b) any other sum that a court has ordered to be paid—

(i) on a conviction, or

(ii) on the forfeiture of a surety.

(2) Rules 30.7 to 30.9 apply where the court, or a fines officer, issues a warrant for an enforcement agent to take control of a defendant’s goods and sell them, using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007⁶¹¹.

(3) In this Part—

(a) ‘defendant’ means anyone liable to pay a sum to which this Part applies;

(b) ‘payment terms’ means by when, and by what (if any) instalments, such a sum must be paid.

[Note. For the means by which a magistrates’ court may enforce payment, see—

(a) Part 3 of the Magistrates’ Courts Act 1980⁶¹²; and

(b) Schedule 5 to the Courts Act 2003⁶¹³and the Fines Collection Regulations 2006⁶¹⁴.

Exercise of court's powers

30.2

The court must not exercise its enforcement powers unless—

(a) the court officer has served on the defendant any collection order or other notice of—

(i) the obligation to pay,

(ii) the payment terms, and

(iii) how and where the defendant must pay; and

(b) the defendant has failed to comply with the payment terms.

[Note. See section 76 of the Magistrates’ Courts Act 1980⁶¹⁵; and paragraphs 12 and 13 of Schedule5 to the Courts Act 2003⁶¹⁶.]

Duty to give receipt

30.3

(1) This rule applies where the defendant makes a payment to—

(a) the court officer specified in an order or notice served under rule 30.2;

(b) another court officer;

(i) custodian of the defendant,

(ii) supervisor appointed to encourage the defendant to pay, or

(iii) responsible officer appointed under a community sentence or a suspended sentence of imprisonment; or

(d) a person executing a warrant to which rule 13.6 (warrants for arrest, detention or imprisonment that cease to have effect on payment) or this Part applies.

(2) The person receiving the payment must—

(a) give the defendant a receipt; and

(b) as soon as practicable transmit the payment to the court officer specified in an order or notice served under rule 30.2, if the recipient is not that court officer.

[Note. For the effect of payment to a person executing a warrant to whichrule 13.6 applies, see that rule and sections 79⁶¹⁷and 125(1)⁶¹⁸of the Magistrates’ Courts Act 1980.

Appeal against decision of fines officer

30.4

(1) This rule applies where—

(a) a collection order is in force;

(b) a fines officer makes a decision under one of these paragraphs of Schedule 5 to the Courts Act 2003—

(i) paragraph 22 (Application to fines officer for variation of order or attachment of earnings order, etc.),

(ii) paragraph 31⁶²⁰ (Application to fines officer for variation of reserve terms), or

(iii) paragraph 37⁶²¹ (Functions of fines officer in relation to defaulters: referral or further steps notice); and

(2) Unless the court otherwise directs, the defendant must—

(a) appeal in writing not more than 10 business days after the decision;

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

(i) explain why a different decision should be made, and

(ii) specify the decision that the defendant proposes.

(3) Where the court determines an appeal, the general rule is that it must do so at a hearing.

[Note. Under paragraph 12 of Schedule 5 to the Courts Act 2003, where a collection order is in force the court’s powers to deal with the defendant’s liability to pay the sum for which that order was made are subject to the provisions of that Schedule and to fines collection regulations.

Application to reduce a fine, vary payment terms or remit a courts charge

30.5

(1) This rule applies where—

(a) no collection order is in force and the defendant wants the court to—

(i) reduce the amount of a fine, or

(ii) vary payment terms;

(b) the defendant, a fines officer or an enforcement agent wants the court to remit a criminal courts charge.

(2) Unless the court otherwise directs, such a defendant, fines officer or enforcement agent must—

(a) apply in writing;

(b) serve the application on the court officer;

(i) what relevant circumstances have not yet been considered by the court, and

(ii) why the fine should be reduced, or the payment terms varied;

(d) if the application is to remit a criminal courts charge, explain—

(i) how the circumstances meet the time limits and other conditions in section 21E of the Prosecution of Offences Act 1985⁶²³, and

(ii) why the charge should be remitted.

(3) The court may determine an application—

(a) at a hearing, which may be in public or in private; or

(b) without a hearing.

[Note. See sections 75, 85 and 85A of the Magistrates’ Courts Act 1980⁶²⁴, section 165 of the Criminal Justice Act 2003⁶²⁵and section 21E of the Prosecution of Offences Act 1985.

Claim to avoid fine after penalty notice

30.6

(1) This rule applies where—

(a) a chief officer of police serves on the magistrates’ court officer a certificate registering, for enforcement as a fine, a sum payable by a defendant after failure to comply with a penalty notice; and

(b) the court or a fines officer enforces the fine.

(2) A defendant who claims not to be the person to whom the penalty notice was issued must, unless the court otherwise directs—

(a) make that claim in writing; and

(b) serve it on the court officer.

(3) The court officer must—

(a) notify the chief officer of police by whom the certificate was registered; and

(b) refer the case to the court.

(4) Where such a claim is made—

(a) the general rule is that the court must adjourn the enforcement for 28 days and fix a hearing; but

(b) the court may make a different order.

(5) At any such hearing, the chief officer of police must introduce any evidence to contradict the defendant’s claim.

[Note. See section 10 of the Criminal Justice and Police Act 2001⁶²⁷.

Information to be included in a warrant of control

30.7

(1) A warrant must identify—

(a) each person to whom it is directed;

(b) the defendant against whom it was issued;

(d) the court or fines officer who issued it, unless that is otherwise recorded by the court officer; and

(e) the court office for the court or fines officer who issued it.

(2) A person to whom a warrant is directed must record on it the date and time at which it is received.

(3) A warrant that contains an error is not invalid, as long as—

(a) it was issued in respect of a lawful decision by the court or fines officer; and

(b) it contains enough information to identify that decision.

[Note. See sections 78 and 125ZA of the Magistrates’ Courts Act 1980⁶²⁹.]

Warrant of control: application by enforcement agent for extension of time, etc.

30.8

(1) This rule applies where an enforcement agent wants the court to exercise a power under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007⁶³⁰, or under regulations made under that Schedule, to—

(a) shorten or extend a time limit;

(b) give the agent authority to—

(i) enter premises which the agent would not otherwise have authority to enter,

(ii) enter or remain on premises at a time at which the agent would not otherwise have authority to be there,

(iii) use reasonable force, in circumstances in which the agent would not otherwise have authority to use such force,

(iv) sell goods by a method which the agent would not otherwise have authority to use, or

(v) recover disbursements which the agent would not otherwise have authority to recover;

(2) Such an enforcement agent must—

(a) apply in writing;

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

(3) The application must—

(a) identify the power that the agent wants the court to exercise;

(b) explain how the conditions for the exercise of that power are satisfied, including any condition that requires the agent to give another person notice of the application;

(d) propose the terms of the order that the agent wants the court to make;

(4) A person to whom the enforcement agent has given notice of an application and who wants to make representations to the court must—

(a) serve the representations on—

(i) the court officer,

(ii) the enforcement agent, and

(iii) any other person to whom the enforcement agent gave notice;

(b) do so as soon as reasonably practicable and in any event within such period as the court directs; and

(5) The court—

(a) must not determine an application unless any person to whom the enforcement agent gave notice—

(i) is present, or

(ii) has had a reasonable opportunity to respond;

(b) subject to that, may determine an application—

(i) at a hearing, which must be in private unless the court otherwise directs, or

(ii) without a hearing.

[Note. See paragraphs 8, 15, 20, 21, 25, 31, 32 and 41 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007⁶³¹, regulations 6, 9, 13, 22, 25, 28, 29, 41 and 47 of the Taking Control of Goods Regulations 2013⁶³²and regulation 10 of the Taking Control of Goods (Fees) Regulations 2014⁶³³. Under paragraph 41 of that Schedule and regulation 41 of the 2013 Regulations, on an application for authority to sell goods otherwise than by public auction the enforcement agent must give notice to a creditor of the defendant in the circumstances described in those provisions.]

Warrant of control: application to resolve dispute

30.9

(1) This rule applies where a defendant’s goods are sold using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 and there is a dispute about—

(a) what share of the proceeds of those goods should be paid by the enforcement agent to a co-owner; or

(b) the fees or disbursements sought or recovered by the enforcement agent out of the proceeds.

(2) An enforcement agent, a defendant or a co-owner who wants the court to resolve the dispute 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,

(ii) each other party to the dispute, and

(iii) any other co-owner; and

(3) The application must—

(a) identify the warrant of control;

(b) specify the goods sold, the proceeds, and the fees and disbursements sought or recovered by the enforcement agent;

(d) specify the persons served with the application;

(e) explain the circumstances of the dispute; and

(f) propose the terms of the order that the applicant wants the court to make.

(4) A person served with an application who wants to make representations to the court must—

(a) serve the representations on—

(i) the court officer,

(ii) the applicant, and

(iii) any other person on whom the application was served;

(b) do so as soon as reasonably practicable and in any event within such period as the court directs; and

(5) The court—

(a) must determine an application at a hearing, which must be in private unless the court otherwise directs;

(b) must not determine an application unless each party—

(i) is present, or

(ii) has had a reasonable opportunity to attend.

[Note. See paragraph 50 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007⁶³⁴, and regulations 15 and 16 of the Taking Control of Goods (Fees) Regulations 2014⁶³⁵.]

Financial penalties imposed in other European Union member States

30.10

(1) This rule applies where the Lord Chancellor gives the court officer a request to enforce a financial penalty imposed in another European Union member State.

(2) The court officer must serve on the defendant—

(a) notice of the request for enforcement, and of its effect;

(b) a copy of—

(i) the certificate requesting enforcement, and

(ii) the decision requiring payment to which that certificate relates; and

(3) A defendant who wants the court to refuse enforcement must—

(a) serve notice of objection on the court officer;

(b) unless the court otherwise directs, serve that notice not more than 14 days after service of notice of the request; and

(i) identify each ground for refusal on which the defendant relies,

(ii) summarise any relevant facts not already included in the certificate and decision served with the notice of the request, and

(iii) identify any other document that the defendant thinks the court will need to determine the request (and serve any such document with the notice).

(4) The court—

(a) may determine a request for enforcement—

(i) at a hearing, which must be in public unless the court otherwise directs, or

(ii) without a hearing; but

(b) must not allow enforcement unless the defendant has had at least 14 days in which to serve notice of objection.

(5) Paragraphs (2) and (3) do not apply if, on receipt of the request, the court decides that a ground for refusal applies.

(6) The court officer must serve on the Lord Chancellor notice of the court’s decision.

[Note. Under section 84 of the Criminal Justice and Immigration Act 2008⁶³⁶—

(a) the Lord Chancellor may receive—

(i) a certificate issued in another European Union member State, requesting enforcement of a financial penalty to which applies the Framework Decision of the Council of the European Union 2005/214/JHA, as amended by Council Framework Decision 2009/299/JHA, on the application of the principle of mutual recognition to financial penalties; and

(ii) the decision requiring payment of the penalty to which that certificate relates; and

(b) the Lord Chancellor must then give the court officer—

(i) that certificate and that decision, and

(ii) a notice stating whether the Lord Chancellor thinks that any of the grounds for refusal of the request apply, and giving reasons for that opinion.

PART 31 — BEHAVIOUR ORDERS

Contents of this Part

When this Part applies	rule 31.1
Behaviour orders: general rules	rule 31.2
Application for behaviour order and notice of terms of proposed order: special rules	rule 31.3
Evidence to assist the court: special rules	rule 31.4
Application to vary or revoke behaviour order	rule 31.5
Notice of hearsay evidence	rule 31.6
Cross-examination of maker of hearsay statement	rule 31.7
Credibility and consistency of maker of hearsay statement	rule 31.8
European protection order to be given effect in another EU member State	rule 31.9
Giving effect to a European protection order made in another EU member State	rule 31.10
Court's power to vary requirements under this Part	rule 31.11

[Note. See Part 3 for the court’s general powers to consider an application and to give directions.]

When this Part applies

31.1

(1) This Part applies where—

(a) a magistrates’ court or the Crown Court can make, vary or revoke a civil order—

(i) as well as, or instead of, passing a sentence, or in any other circumstances in which other legislation allows the court to make such an order, and

(ii) that requires someone to do, or not do, something;

(b) a magistrates’ court or the Crown Court can make a European protection order;

(2) A reference to a ‘behaviour order’ in this Part is a reference to any such order.

(3) A reference to ‘hearsay evidence’ in this Part is a reference to evidence consisting of hearsay within the meaning of section 1(2) of the Civil Evidence Act 1995⁶³⁷.

[Note. In the circumstances set out in the Acts listed, the court can make a behaviour order—

(a) on conviction, under—

(i) section 14A of the Football Spectators Act 1989⁶³⁸(football banning orders),

(ii) section 5 of the Protection from Harassment Act 1997⁶³⁹(restraining orders),

(iii) sections 1C and 1D of the Crime and Disorder Act 1998⁶⁴⁰(anti-social behaviour orders and interim anti-social behaviour orders),

(iv) sections 8 and 9 of the Crime and Disorder Act 1998⁶⁴¹(parenting orders),

(v) section 103A of the Sexual Offences Act 2003⁶⁴²(sexual harm prevention orders),

(vi) section 19 or 21 of the Serious Crime Act 2007⁶⁴³(serious crime prevention orders),

(vii) section 22 of the Anti-social Behaviour, Crime and Policing Act 2014⁶⁴⁴(criminal behaviour orders),

(viii) section 14 of the Modern Slavery Act 2015⁶⁴⁵(slavery and trafficking prevention orders);

(b) on acquittal, under section 5A of the Protection from Harassment Act 1997⁶⁴⁶(restraining orders on acquittal);

(c) on the making of a finding of not guilty by reason of insanity, or a finding of disability, under section 14 of the Modern Slavery Act 2015 (slavery and trafficking prevention orders); and

(d) in proceedings for a genital mutilation offence, under paragraph 3 of Schedule 2 to the Female Genital Mutilation Act 2003⁶⁴⁷(female genital mutilation protection orders).

Behaviour orders: general rules

31.2

(1) The court must not make a behaviour order unless the person to whom it is directed has had an opportunity—

(a) to consider—

(i) what order is proposed and why, and

(ii) the evidence in support; and

(b) to make representations at a hearing (whether or not that person in fact attends).

(2) That restriction does not apply to making—

(a) an interim behaviour order, but unless other legislation otherwise provides such an order has no effect unless the person to whom it is directed—

(i) is present when it is made, or

(ii) is handed a document recording the order not more than 7 days after it is made;

(b) a restraining order that gives effect to a European protection order, where rule 31.10 applies (Giving effect to a European protection order made in another EU member State).

(3) Where the court decides not to make, where it could—

(a) a football banning order; or

(b) a parenting order, after a person under 16 is convicted of an offence,

the court must announce, at a hearing in public, the reasons for its decision.

(4) Where the court makes an order which imposes one or more of the prohibitions or restrictions listed in rule 31.9(1), the court must arrange for someone to explain to the person who benefits from that protection—

(a) that that person may apply for a European protection order, if he or she decides to reside or stay in another European Union member State;

(b) the basic conditions for making such an application; and

[Note. The Acts listed in the note to rule 31.1 impose requirements specific to each different type of behaviour order. Not all allow the court to make an interim behaviour order.

Application for behaviour order and notice of terms of proposed order: special rules

31.3

(1) This rule applies where—

(a) a prosecutor wants the court to make—

(i) an anti-social behaviour order (but this rule does not apply to an application for an interim anti-social behaviour order),

(ii) a serious crime prevention order, or

(iii) a criminal behaviour order; or

(b) a prosecutor proposes, on the prosecutor’s initiative or at the court’s request a sexual harm prevention order,

if the defendant is convicted.

(2) Where paragraph (1)(a) applies, the prosecutor must serve a notice of intention to apply for such an order on—

(a) the court officer;

(b) the defendant against whom the prosecutor wants the court to make the order; and

as soon as practicable (without waiting for the verdict).

(3) A notice under paragraph (2) must—

(a) summarise the relevant facts;

(b) identify the evidence on which the prosecutor relies in support;

(d) specify the order that the prosecutor wants the court to make.

(4) A defendant served with a notice under paragraph (2) must—

(a) serve written notice of any evidence on which the defendant relies on—

(i) the court officer, and

(ii) the prosecutor,

as soon as practicable (without waiting for the verdict); and

(b) in the notice, identify that evidence and attach any written statement that has not already been served.

(5) Where paragraph (1)(b) applies, the prosecutor must—

(a) serve a draft order on the court officer and on the defendant not less than 2 business days before the hearing at which the order may be made;

(b) in a case in which a sexual harm prevention order is proposed, in the draft order specify those prohibitions which the prosecutor proposes as necessary for the purpose of—

(i) protecting the public or any particular members of the public from sexual harm from the defendant, or

(ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(6) Where the prosecutor wants the court to make an anti-social behaviour order or a criminal behaviour order, the rules about special measures directions in Part 18 (Measures to assist a witness or defendant to give evidence) apply, but—

(a) the prosecutor must apply when serving a notice under paragraph (2); and

(b) the time limits in rule 18.3(a) do not apply.

[Note. The Practice Direction sets out a form of notice for use in connection with this rule.

Evidence to assist the court: special rules

31.4

(1) This rule applies where the court can make on its own initiative—

(a) a football banning order;

(b) a restraining order; or

(2) A party who wants the court to take account of evidence not already introduced must—

(a) serve notice in writing on—

(i) the court officer, and

(ii) every other party,

as soon as practicable (without waiting for the verdict); and

(b) in the notice, identify that evidence; and

[Note. If a party relies on hearsay evidence, see also rules 31.6, 31.7, and 31.8.]

Application to vary or revoke behaviour order

31.5

(1) The court may vary or revoke a behaviour order if—

(a) the legislation under which it is made allows the court to do so; and

(b) one of the following applies—

(i) the prosecutor,

(ii) the person to whom the order is directed,

(iii) any other person protected or affected by the order,

(iv) the relevant authority or responsible officer,

(v) the relevant Chief Officer of Police,

(vi) the Director of Public Prosecutions, or

(vii) the Director of the Serious Fraud Office.

(2) A person applying under this rule must—

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

(i) what material circumstances have changed since the order was made, and

(ii) why the order should be varied or revoked as a result; and

(b) serve the application on—

(i) the court officer,

(ii) as appropriate, the prosecutor or defendant, and

(iii) any other person listed in paragraph (1)(b), if the court so directs.

(3) A party who wants the court to take account of any particular evidence before making its decision must, as soon as practicable—

(a) serve notice in writing on—

(i) the court officer,

(ii) as appropriate, the prosecutor or defendant, and

(iii) any other person listed in paragraph (1)(b) on whom the court directed the application to be served; and

(b) in that notice identify the evidence and attach any written statement that has not already been served.

(4) The court may decide an application under this rule with or without a hearing.

(5) But the court must not—

(a) dismiss an application under this rule unless the applicant has had an opportunity to make representations at a hearing (whether or not the applicant in fact attends); or

(b) allow an application under this rule unless everyone required to be served, by this rule or by the court, has had at least 14 days in which to make representations, including representations about whether there should be a hearing.

(6) The court officer must—

(a) serve the application on any person, if the court so directs; and

(b) give notice of any hearing to—

(i) the applicant, and

(ii) any person required to be served, by this rule or by the court.

[Note. The legislation that gives the court power to make a behaviour order may limit the circumstances in which it may be varied or revoked and may require a hearing. Under section 22E of the Serious Crime Act 2007⁶⁵³, where a person already subject to a serious crime prevention order is charged with a serious offence or with an offence of failing to comply with the order, the court may vary the order so that it continues in effect until that prosecution concludes.

Notice of hearsay evidence

31.6

(1) A party who wants to introduce hearsay evidence must—

(a) serve a notice in writing on—

(i) the court officer, and

(ii) every other party directly affected; and

(b) in that notice—

(i) explain that it is a notice of hearsay evidence,

(ii) identify that evidence,

(iii) identify the person who made the statement which is hearsay, or explain why if that person is not identified, and

(iv) explain why that person will not be called to give oral evidence.

(2) A party may serve one notice under this rule in respect of more than one notice and more than one witness.

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