The Criminal Procedure (Amendment) Rules 2024

Under section 339ZH(6A) and (6B) of the 2002 Act the analysis to assist in which information may be sought may be (i) operational analysis of information that is relevant to money laundering or suspected money laundering, or (ii) strategic analysis identifying trends or patterns in the conduct of money laundering, or systemic deficiencies or vulnerabilities which have been, are being or are likely to be, exploited for the purposes of money laundering. Section 1 of the Crime and Courts Act 2013 confers functions on the National Crime Agency, including the ‘criminal intelligence function’ defined by section 1(5) of that Act. Under section 339ZK of the 2002 Act⁷³an information order does not confer the right to require information which a person would be entitled to refuse to provide on grounds of legal professional privilege in proceedings in the High Court.

• (l) in rule 47.24 (Section 3: investigation warrants; When this Section applies)—

• (i) at the end of paragraph (a)(i) omit “or”,

• (ii) after paragraph (a)(ii) insert—

(iii) paragraph 1 of Schedule 5 to the Terrorism Act 2000⁷⁴, or (iv) paragraph 2 of Schedule 2 to the National Security Act 2023;

• (iii) at the end of paragraph (c) omit “and”,

• (iv) for paragraph (d) substitute—

(d) a Crown Court judge can issue a warrant under— (i) paragraph 9 of Schedule 2 to the National Security Act 2023, or (ii) paragraph 13 of that Schedule; and (e) a court to which these Rules apply can issue a warrant to search for and seize articles or persons under a power not listed in paragraphs (a) to (d).

• (v) in the note to the rule, in the first paragraph for sub-paragraph (f) substitute—

(f) under the National Security Act 2023— (i) a warrant authorising entry to, and the search of, premises for material sought for the purposes of an investigation to which Schedule 2 to that Act applies, (ii) a warrant authorising the retention of confidential journalistic material seized under the authority of a senior police officer; (g) under these and other Acts, comparable warrants.

, and

• (vi) in the note to the rule, in the sixth paragraph omit “Circuit or Crown Court”, at the end of sub-paragraph (c) omit “and”, at the end of sub-paragraph (d) insert “and” and after sub-paragraph (d) insert—

(e) paragraph 16 of Schedule 2 to the National Security Act 2023.

• (m) in rule 47.27 (Information to be included in a warrant)—

• (i) for paragraph (1)(c)(i) substitute—

(i) the documents, electronic devices, or kinds of devices, or other material, or persons to be sought, and

, and

• (ii) in paragraph (3) omit “, by signature, initial, or otherwise,”;

• (n) for rule 47.31 (Application for warrant under paragraph 11 of Schedule 5 to the Terrorism Act 2000) substitute—

(47.31) (1) This rule applies where an applicant wants a judge or justice of the peace, as applicable— (a) to issue a search warrant or warrants under— (i) paragraph 1 or paragraph 11 of Schedule 5 to the Terrorism Act 2000⁷⁵, or (ii) paragraph 2 or paragraph 9 of Schedule 2 to the National Security Act 2023⁷⁶; or (b) to issue a warrant for the retention of confidential journalistic material seized by order made under paragraph 15 of Schedule 5 to the Terrorism Act 2000⁷⁷ or paragraph 12 of Schedule 2 to the National Security Act 2023 (urgent cases: seizure of confidential material under the authority of a senior police officer) under, as applicable— (i) paragraph 15A of Schedule 5 to the Terrorism Act 2000⁷⁸, or (ii) paragraph 13 of Schedule 2 to the National Security Act 2023. (2) As well as complying with rule 47.26, on an application for a search warrant the application must— (a) specify the offence or relevant act under investigation and, as applicable, either— (i) explain how the investigation constitutes a terrorist investigation within the meaning of the 2000 Act, or (ii) explain the grounds for suspecting that a relevant act within the meaning of the 2023 Act has been, or is about to be, committed; (b) so far as practicable, identify the material sought and if that material may be stored in an electronic device or devices— (i) so far as practicable, describe each device or kind of device sought, and (ii) explain the grounds for suspecting that the material may be stored there; (c) in relation to premises which the applicant can specify— (i) specify each set of premises to be searched, and (ii) in respect of each set of premises, explain the grounds for believing (where the application is under Schedule 5 to the 2000 Act) or suspecting (where the application is under Schedule 2 to the 2023 Act) that material sought is on those premises; (d) in relation to premises at least some of which the applicant cannot specify— (i) identify the person who occupies or controls the premises, (ii) explain why it is not reasonably practicable to specify all the premises which that person occupies or controls which might need to be searched, (iii) specify as many sets of premises as is reasonably practicable, and (iv) in respect of each set of premises, whether specified or not, explain the grounds for believing (where the application is under Schedule 5 to the 2000 Act) or suspecting (where the application is under Schedule 2 to the 2023 Act) that material sought is on those premises; (e) in relation to any set of premises which the applicant wants to be searched on more than one occasion— (i) explain why it is necessary to search on more than one occasion in order to achieve the purpose for which the applicant wants the court to issue the warrant, and (ii) specify any proposed maximum number of occasions; and (f) in relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court— (i) identify those other persons, by function or description, and (ii) explain why those persons are required. (3) Where the grounds of an application for a search warrant are those listed in paragraph 1 of Schedule 5 to the 2000 Act (terrorist investigation; application to a justice of the peace), the application must explain— (a) the grounds for believing that— (i) the material sought does not consist of or include excluded material, special procedure material or items subject to legal privilege, (ii) the material is likely to be of substantial value to a terrorist investigation (whether by itself, or together with other material), and (iii) the material must be seized in order to prevent it from being concealed, lost, damaged, altered or destroyed; and (b) why the issue of a warrant is likely to be necessary in the circumstances of the case, unless the application— (i) is made by a police officer of at least the rank of superintendent, and (ii) does not relate to residential premises. (4) Where the grounds of an application for a search warrant are those listed in paragraph 2 of Schedule 2 to the 2023 Act (relevant act investigation; application to a justice of the peace), the application must explain the grounds for suspecting that the material sought— (a) is likely to be evidence that a relevant act has been, or is about to be, committed; and (b) does not consist of or include confidential material. (5) Where the grounds of an application for a search warrant are those listed in paragraphs 11 and 12(1) of Schedule 5 to the 2000 Act⁷⁹ or paragraph 9(2) of the 2023 Act (non-compliance with a production, etc. order; application to a judge) the application must— (a) identify the order and describe its terms; and (b) specify the date on which it was served. (6) Where the grounds of an application for a search warrant are those listed in paragraphs 11 and 12(2) to (4) of Schedule 5 to the 2000 Act (terrorist investigation; application to a judge), the application must explain the grounds for believing that— (a) the material sought consists of or includes excluded material or special procedure material but does not include items subject to legal privilege; (b) the material is likely to be of substantial value to a terrorist investigation (whether by itself, or together with other material); and (c) it is not appropriate to make an order under paragraph 5 of Schedule 11 to the 2000 Act in relation to the material because— (i) it is not practicable to communicate with any person entitled to produce the material, (ii) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to premises to which the application for the warrant relates, or (iii) a terrorist investigation may be seriously prejudiced unless a constable can secure immediate access to the material. (7) Where the grounds of an application for a search warrant are those listed in paragraph 9(3) of Schedule 2 to the 2023 Act (relevant act investigation; application to a judge), the application must— (a) explain the grounds for suspecting that the material sought— (i) is likely to be evidence that a relevant act has been, or is about to be, committed, and (ii) consists of or includes confidential material but does not include items subject to legal privilege; (b) explain the grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed; (c) explain the grounds for believing that it is in the public interest for the material to be obtained having regard to— (i) the benefit likely to accrue to the investigation if it is obtained, and (ii) the circumstances in which the respondent has any of the material; and (d) explain how any one or more of the following applies— (i) it is not practicable to communicate with any person entitled to grant entry to those premises, (ii) it is not practicable to communicate with any person entitled to grant access to the material, (iii) the investigation may be seriously prejudiced unless a constable can secure immediate access to the material. (8) Where the application is for a warrant for the retention of confidential journalistic material under paragraph 15A of Schedule 5 to the 2000 Act or under paragraph 13 of Schedule 2 to the 2023 Act, as well as complying with rule 47.26 the application must— (a) be made as soon as reasonably practicable after the confidential journalistic material is seized; (b) describe the circumstances of the seizure; (c) specify the offence or relevant act under investigation and, as applicable, either— (i) explain how the investigation constitutes a terrorist investigation within the meaning of the 2000 Act, or (ii) explain the grounds for suspecting that a relevant act within the meaning of the 2023 Act has been, or is about to be, committed; (d) explain the grounds for believing that the confidential journalistic material seized is likely to be of substantial value, whether by itself or with other material, to the investigation; (e) explain the grounds for believing that it is in the public interest for that material to be retained having regard to the benefit likely to accrue to the investigation if it is retained; (f) explain to what conditions, if any, the applicant proposes that the retention of the material should be made subject, if the court issues a warrant; and (g) explain whether, if the court declines to issue a warrant, the applicant proposes that the material should be— (i) returned to the person from whom it was seized, or (ii) destroyed. [Note.Under paragraph 1 of Schedule 5 to the Terrorism Act 2000, where the conditions listed in that paragraph are fulfilled a constable may apply to a justice of the peace for a warrant authorising a search for material, other than excluded material or special procedure material, on specified premises or on any premises of a specified person. Under paragraph 2 of Schedule 2 to the National Security Act 2023, where the conditions listed in that paragraph are fulfilled a constable may apply to a justice of the peace for a warrant authorising a search for material, other than confidential material. Under paragraphs 11 and 12 of Schedule 5 to the 2000 Act a constable may apply to a Circuit judge for such a warrant in respect of excluded or special procedure material. Under paragraph 9 of Schedule 2 to the 2023 Act, a constable may apply to a Crown Court judge for a warrant in respect of confidential material. No such warrant authorises the seizure of items subject to legal privilege. Under paragraph 4 of Schedule 5 to the 2000 Act, ‘legal privilege’, ‘excluded material’ and ‘special procedure material’ mean the same as under sections 10, 11 and 14 of the Police and Criminal Evidence Act 1984⁸⁰. Under paragraph 15 of Schedule 5 to the 2000 Act, ‘confidential journalistic material’ means material which is excluded material by virtue of section 11(1)(c) of the Police and Criminal Evidence Act 1984 (journalistic material which a person holds in confidence and which consists of documents or records other than documents). Under paragraph 17 of Schedule 2 to the 2023 Act, ‘confidential material’ means— (a) material created or acquired for the purposes of journalism which is held in confidence or which the sender of that material to someone else intends the intended recipient to hold in confidence (‘confidential journalistic material’); (b) items subject to legal privilege within the meaning of section 10 of the Police and Criminal Evidence Act 1984; and (c) excluded material and special procedure material within the meaning of sections 11 and 14 of the Police and Criminal Evidence Act 1984, other than journalistic material. Under section 16(3) of the 1984 Act⁸¹, entry and search under a warrant must be within 3 months from the date of its issue. See also the code of practice for the search of premises issued under section 66 of the 1984 Act⁸².]

; and

• (o) amend the table of contents correspondingly.

13

In Part 50 (Extradition), in rule 50.3 (Exercise of magistrates’ court’s powers)—

• (a) for paragraph (2) substitute—

(2) If the court so directs, a person must attend a hearing by live link.

; and

• (b) for the second paragraph of the note to the rule substitute—

Under sections 206A to 206C of the 2003 Act⁸³, the court may require a person to attend a hearing by live link. See also rules 3.35 to 3.39 about live links.

14

To correct errors in other rules—

• (a) in rule 39.3 (Form of appeal notice), at the end of paragraph (1)(g) omit “and”; and

• (b) in rule 46.4 (Application by defendant to change legal representative (legal aid)), omit the note to the rule.

Signed

Carr of Walton-on-the-Hill, C.J. — Holroyde, L.J. — William Davis, L.J. — Foster, J. — Patrick Field — Heather Norton — Michael Snow — David Barrand — Amy McEvoy — Ed Lidington — Stephen Parkinson — Alison Pople — Paul Jarvis — Folashade Abiodun — Edmund Smyth — Rob Nixon — Rebecca White — Robert Thomas

I allow these Rules, which shall come into force on 1st April 2024.

Alex Chalk — Lord Chancellor — Ministry of Justice — 18th January 2024

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Criminal Procedure Rules 2020, S.I. 2020/759, as follows:

Amendments consequent on other rule amendments. In Part 33, rules 33.5, 33.11, 33.15, 33.16, 33.17, 33.18, 33.19, 33.20, 33.22, 33.23, 33.24, 33.26, 33.31, 33.32, 33.46, 33.53, 33.54, 33.56, 33.57, 33.58, 33.59, 33.62 and 33.65 are amended to substitute references to time limits expressed in business days.

Correction of errors. Rules 14.6, 39.3 and 46.4 are amended to correct typographical and other errors.

These Rules come into force on 1st April 2024.

Footnotes