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The Criminal Procedure Rules 2025

Type Statutory-Instrument

Publication 2025-07-15

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 15th July 2025

Laid before Parliament: 22nd July 2025

Coming into force: 6th October 2025

These Rules may be cited as the Criminal Procedure Rules 2025 and shall come into force on 6thOctober 2025.

PART 1 — THE OVERRIDING OBJECTIVE

*Contents of this Part*

The overriding objective	rule 1.1
The duty of the participants in a criminal case	rule 1.2
The application by the court of the overriding objective	rule 1.3

The overriding objective

1.1

(1) The overriding objective of this procedural code is that criminal cases be dealt with justly.

(2) Dealing with a criminal case justly includes―

(a) acquitting the innocent and convicting the guilty;

(b) treating all participants with politeness and respect;

(d) recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights;

(e) respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case;

(f) dealing with the case efficiently and expeditiously;

(g) ensuring that appropriate information is available to the court when bail and sentence are considered; and

(h) dealing with the case in ways that take into account―

(i) the gravity of the offence alleged,

(ii) the complexity of what is in issue,

(iii) the severity of the consequences for the defendant and others affected, and

(iv) the needs of other cases.

The duty of the participants in a criminal case

1.2

(1) Each participant, in the conduct of each case, must―

(a) prepare and conduct the case in accordance with the overriding objective;

(b) comply with these Rules, practice directions and directions made by the court; and

(c) at once inform the court and all parties of any significant failure (whether or not that participant is responsible for that failure) to take any procedural step required by these Rules, any practice direction or any direction of the court. A failure is significant if it might hinder the court in furthering the overriding objective.

(2) Anyone involved in any way with a criminal case is a participant in its conduct for the purposes of this rule.

The application by the court of the overriding objective

1.3

The court must further the overriding objective in particular when―

(a) exercising any power given to it by legislation (including these Rules);

(b) applying any practice direction; or

PART 2 — UNDERSTANDING AND APPLYING THE RULES; POWERS AND DUTIES OF COURT OFFICERS AND JUSTICES’ LEGAL ADVISERS

Contents of this Part

Understanding and applying the Rules
When the Rules apply	rule 2.1
Definitions	rule 2.2
References to Acts of Parliament and to Statutory Instruments	rule 2.3

Powers of authorised court officers
Exercise of court’s functions by authorised court officers: general rules	rule 2.4
Exercise of functions of the Court of Appeal	rule 2.5
Exercise of functions of the High Court	rule 2.6
Exercise of functions of the Crown Court	rule 2.7
Exercise of functions of magistrates’ courts	rule 2.8
Exercise of functions of a District Judge (Magistrates’ Courts) in extradition cases	rule 2.9
Court’s power to extend time under rule 2.6 or rule 2.7	rule 2.10

Powers of court officers to take statutory declarations
Taking of statutory declarations by court officers	rule 2.11

Justices’ legal advisers
Duties of justices’ legal adviser	rule 2.12

UNDERSTANDING AND APPLYING THE RULES

When the Rules apply

2.1

(1) In general, Criminal Procedure Rules apply―

(a) in all criminal cases in magistrates’ courts and in the Crown Court;

(b) in extradition cases in the High Court; and

(2) If a rule applies only in one or some of those courts, the rule makes that clear.

(3) These Rules apply on and after 6th October 2025 but unless the court otherwise directs, they do not affect a right or duty existing under the Criminal Procedure Rules 2020⁴⁰.

[Note. The rules replaced by the first Criminal Procedure Rules (the Criminal Procedure Rules 2005⁴¹) were revoked when those Rules came into force by provisions of the Courts Act 2003, the Courts Act 2003 (Consequential Amendments) Order 2004⁴²and the Courts Act 2003 (Commencement No. 6 and Savings) Order 2004⁴³. The first Criminal Procedure Rules reproduced the substance of all the rules they replaced.]

Definitions

2.2

(1) In these Rules, unless the context makes it clear that something different is meant:

‘advocate’ means a person who is entitled to exercise a right of audience in the court under section 13 of the Legal Services Act 2007⁴⁴;

‘authorised court officer’ has the meaning given by rule 2.4;

‘business day’ means any day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday, Easter Monday or a bank holiday;

‘court’ means a tribunal with jurisdiction over criminal cases. It includes a judge, recorder, District Judge (Magistrates’ Court), lay justice and, when exercising their judicial powers, the Registrar of Criminal Appeals and an authorised court officer;

‘court officer’ means the appropriate member of the staff of a court;

‘justices’ legal adviser’ means a person authorised under section 28 of the Courts Act 2003⁴⁵ to give advice about law to justices of the peace;

‘legal representative’ means:the person for the time being named as a party’s representative in any legal aid representation order made under section 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012⁴⁶, orsubject to that, the person named as a party’s representative in any notice for the time being given under rule 46.2 (Notice of appointment, etc. of legal representative: general rules), provided that person is entitled to conduct litigation in the court under section 13 of the Legal Services Act 2007;

‘live link’ means a live audio link or a live video link and:‘live audio link’ means a live telephone link or other arrangement by which a person taking part in a hearing can hear, and be heard by, everyone else who is taking part and who is not in the same place as that person,‘live video link’ means a live television link or other arrangement by which a person taking part in a hearing can see and hear, and be seen and heard by, everyone else who is taking part and who is not in the same place as that person;

‘live link direction’ means a direction that:under section 51(1) of the Criminal Justice Act 2003⁴⁷ requires or permits a person to take part through a live audio link or a live video link in the proceedings listed in section 51(3) of that Act, orunder section 206A of the Extradition Act 2003⁴⁸ requires a person to take part through a live link in a hearing in proceedings under Part 1 or Part 2 of that Act;

‘Practice Direction’ means the Lord Chief Justice’s Criminal Practice Directions, as amended, and ‘Criminal Costs Practice Direction’ means the Lord Chief Justice’s Practice Direction (Costs in Criminal Proceedings), as amended;

‘public interest ruling’ means a ruling about whether it is in the public interest to disclose prosecution material under sections 3(6), 7A(8) or 8(5) of the Criminal Procedure and Investigations Act 1996⁴⁹; and

‘Registrar’ means the Registrar of Criminal Appeals or a court officer exercising a function of the Registrar.

(2) Special definitions and definitions of some other expressions are in the rules in which they apply.

...

References to legislation, including these Rules

2.3

(1) In these Rules, where a rule refers to an Act of Parliament or to subordinate legislation by title and year, subsequent references to that Act or to that legislation in the rule are shortened: so, for example, after a reference to the Criminal Procedure and Investigations Act 1996⁵⁰ that Act is called ‘the 1996 Act’; and after a reference to the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011⁵¹ those Regulations are called ‘the 2011 Regulations’.

(2) In the courts in which these Rules apply―

(a) unless the context makes it clear that something different is meant, a reference to the Criminal Procedure Rules, without reference to a year, is a reference to the Criminal Procedure Rules in force at the date on which the event concerned occurs or occurred;

(b) a reference to the Criminal Procedure Rules may be abbreviated to ‘CrimPR’; and

(c) a reference to a Part or rule in the Criminal Procedure Rules may be abbreviated to, for example, ‘CrimPR Part 3’ or ‘CrimPR 3.5’.

POWERS OF AUTHORISED COURT OFFICERS

Exercise of court’s functions by authorised court officers: general rules

2.4

(1) This rule and rules 2.5, 2.6, 2.7, 2.8 and 2.9 provide for the exercise of relevant judicial functions within the meaning of section 67A of the Courts Act 2003⁵²―

(a) in a court in which these Rules apply; and

(b) by a person authorised for the purpose by the Lord Chief Justice under section 67B of that Act⁵³.

(2) In this rule and in rules 2.5, 2.6, 2.7, 2.8 and 2.9―

(a) ‘authorised court officer’ means any such person; and

(b) a reference to an authorised court officer who is legally qualified is a reference to one who has such qualifications as are for the time being prescribed by regulations made under section 28(3) of the Courts Act 2003.

(3) No court officer may―

(a) authorise a person’s committal to prison;

(b) authorise a person’s arrest (but that exclusion does not apply to the issue of a warrant of arrest, whether or not endorsed for bail, to secure that a person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of that person to the issue of the warrant);

(d) adjudicate on guilt, or on the act or omission with which a defendant is charged, except to the extent of―

(i) acquitting a defendant against whom the prosecutor offers no evidence,

(ii) convicting a defendant who pleads guilty, or

(iii) giving a prosecutor permission to withdraw a case;

(e) determine the admissibility of evidence;

(f) set ground rules for the conduct of questioning where rule 3.8(6), (7) (directions for the appropriate treatment and questioning of a witness or the defendant) applies;

(g) make findings of fact for the purpose of sentence, defer or pass sentence, impose a penalty or commit a defendant to the Crown Court for sentence;

(h) make an order for a party or other person to pay costs, unless that party or person agrees;

(i) make any other order consequent upon acquittal, conviction or a finding that the accused did the act or made the omission charged, except to the extent that rule 2.8 allows;

(j) vary, discharge, remit, remove, revoke, review or suspend a sentence, penalty or other order consequent on acquittal or conviction, except to the extent that rule 2.8 allows;

(k) order the search, confiscation, restraint, detention or seizure of property except to the extent that rule 2.8 allows;

(l) determine an appeal or reference to an appeal court, or an application for permission to appeal or refer, except to the extent that rule 2.6 allows; or

(m) determine an allegation of contempt of court.

(4) An authorised court officer may exercise a relevant judicial function for which rule 2.5, 2.6, 2.7, 2.8 or 2.9 provides―

(a) only subject to the same conditions as apply to its exercise by the court or person whose function it is; and

(b) where a party affected by the exercise of that function is entitled to make representations before its exercise, only if each such party has had a reasonable opportunity to make such representations―

(i) in writing, or

(ii) at a hearing (whether or not that party in fact attends).

(5) Unless the context makes it clear that something different is meant, provision in rule 2.5, 2.6, 2.7, 2.8 or 2.9 permitting the exercise of a relevant judicial function by an authorised court officer includes a power to decline to exercise that function.

[Note. Under section 67A of the Courts Act 2003, ‘relevant judicial function’ means a function of a court to which the general duty of the Lord Chancellor under section 1 of that Act applies and a judicial function of a person holding an office that entitles the person to exercise functions of such a court, but does not include in a court in which Criminal Procedure Rules apply―

(a) any function so far as its exercise involves authorising a person’s committal to prison; or

(b) any function so far as its exercise involves authorising a person’s arrest, except the issue of a warrant of arrest (whether or not endorsed for bail) to secure that a person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of that person to the issue of the warrant.

Exercise of functions of the Court of Appeal

2.5

(1) This rule provides for the exercise by an authorised court officer of relevant judicialfunctions of—

(a) the criminal division of the Court of Appeal; and

(b) the Registrar of Criminal Appeals.

(2) Subject to rule 2.4, an authorised court officer may exercise—

(a) any function of the criminal division of the Court of Appeal that may be exercised by the Registrar of Criminal Appeals; and

(b) any other judicial function of the Registrar.

(3) Where an authorised court officer exercises a function of the court—

(a) the same provision as that made by section 31A(4) or section 31C(3), as the case may be, of the Criminal Appeal Act 1968⁵⁴ applies as if that function had been exercised by the Registrar; and

(b) rule 36.5 (Renewing an application refused by a judge or the Registrar) applies.

[Note. See also rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers.

Exercise of functions of the High Court

2.6

(1) This rule provides for the exercise by an authorised court officer of relevant judicialfunctions of the High Court in relation to its jurisdiction under the Extradition Act 2003⁵⁷.

(2) An authorised court officer may exercise any such function of the High Court to which the rules in Section 3 of Part 50 apply (Extradition; Appeal to the High Court), subject to—

(a) rule 2.4; and

(b) paragraph (3) of this rule.

(3) No court officer may—

(a) grant or withhold bail;

(b) impose or vary a condition of bail; or

unless paragraph (4) applies.

(4) If making a decision to which the parties have agreed in writing, an authorised court officer may—

(a) give or refuse permission to appeal;

(b) determine an appeal;

(d) impose or vary a condition of bail.

(5) Paragraph (6) of this rule—

(a) applies where a party wants a judge to reconsider a decision made by an authorised court officer; but

(b) does not apply where such an officer agrees to postpone the date on which the required period for extradition begins under section 36(3) of the Extradition Act 2003⁵⁸.

(6) Such a party must—

(a) apply for such a reconsideration as soon as reasonably practicable, and in any event no later than the earlier of—

(i) the next hearing before a judge, or

(ii) the fifth business day after the date on which notice of the decision is served on the applicant;

(b) unless the application is made at a hearing, serve the application on—

(i) the court officer, and

(ii) each other party (if any) affected by the decision; and

(i) specify the decision in issue,

(ii) explain why it is appropriate for the decision to be reconsidered and what decision the applicant thinks would be appropriate, and

(iii) ask for a hearing, if one is wanted, and explain why it is needed.

(7) The judge may determine the application—

(a) at a hearing (which may be in public or private), or without a hearing; and

(b) in the absence of—

(i) the applicant,

(ii) each other party (if any) affected by the decision.

(8) But the judge must not determine the application in the absence of an affected party unless that party has had—

(a) such notice as the nature and urgency of the application permits; and

(b) a reasonable opportunity to make written representations.

[Note. See also—

(a) rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers;

(b) rule 2.10, which provides for extension of the time limit under this rule;

(d) rule 50.18 (Case management in the High Court).

Exercise of functions of the Crown Court

2.7

(1) This rule provides for the exercise by an authorised court officer of relevant judicial functions of the Crown Court in a criminal cause or matter.

(2) Subject to rule 2.4 and to paragraph (3) of this rule, an authorised court officer may—

(a) determine an application to extend a time limit set by a rule or by a judge, including a time limit for the conduct of confiscation proceedings, unless the effect would be—

(i) to affect the date of any hearing that has been fixed, including a trial, or

(ii) significantly to affect the progress of the case in any other way;

(b) give a live link direction under section 51 of the Criminal Justice Act 2003⁵⁹ for the participation of a defendant in custody in a preliminary hearing, a sentencing hearing or an enforcement hearing;

(c) exercise the court’s functions listed in rule 23.2 (Appointment of advocate to cross-examine witness) and select such an advocate as that rule describes (but a court officer may not decline to select such an advocate where that rule applies);

(d) issue a summons under section 80 of the Senior Courts Act 1981⁶⁰ in proceedings to which rule 32.2 applies (application, etc. in relation to the breach, revocation or amendment of a community or other order); and

(e) amend the local justice area named in the order on receipt of a notice from the responsible officer—

(i) in respect of a community order under paragraph 16(3) of Schedule 10 to the Sentencing Act 2020⁶¹, or

(ii) in respect of a suspended sentence order under paragraph 23(3) of Schedule 16 to the 2020 Act⁶².

(3) An authorised court officer may not exercise a function of the court in a case in which a judge so directs.

(4) Paragraph (5) of this rule applies where a party or an advocate appointed under rule 23.2 (Appointment of advocate to cross-examine witness) wants a judge to reconsider a decision made by an authorised court officer.

(5) Such a party or advocate must—

(a) apply for such a reconsideration as soon as reasonably practicable, and in any event no later than the earlier of—

(i) the next hearing before a judge, or

(ii) the tenth business day after the date on which notice of the decision is served on the applicant;

(b) unless the application is made at a hearing, serve the application on—

(i) the court officer, and

(ii) each other party (if any) affected by the decision; and

(i) specify the decision in issue,

(ii) explain why it is appropriate for the decision to be reconsidered and what decision the applicant thinks would be appropriate, and

(iii) ask for a hearing, if one is wanted, and explain why it is needed.

(6) The judge may determine the application—

(a) at a hearing (which may be in public or private), or without a hearing; and

(b) in the absence of—

(i) the applicant,

(ii) each other party (if any) affected by the decision.

(7) But the judge must not determine the application in the absence of an affected party unless that party has had—

(a) such notice as the nature and urgency of the application permits; and

(b) a reasonable opportunity to make representations.

[Note. See also—

(a) rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers;

(b) rule 2.10, which provides for extension of the time limit under this rule; and

Exercise of functions of a magistrates’ court

2.8

(1) This rule provides for the exercise by an authorised court officer of relevant judicial functions of a magistrates’ court in a criminal cause or matter.

(2) Subject to rule 2.4 and to paragraph (12) of this rule, an authorised court officer may—

(a) fix, cancel or vary the date, time or place for a hearing, including a trial, or adjourn a hearing;

(b) adjourn, remit or transfer proceedings from one local justice area to another;

(i) to affect the date of any hearing that has been fixed, including a trial, or

(ii) significantly to affect the progress of the case in any other way;

(d) issue a summons at the request of a public prosecutor, or under section 16B of the Magistrates’ Courts Act 1980⁶³ (Cases not tried in accordance with section 16A) or section 83 of that Act⁶⁴ (Process for securing attendance of offender);

(e) give a prosecutor permission to withdraw a case;

(f) grant bail where the defendant already is on bail and—

(i) the conditions, if any, to which that bail is subject will remain the same, or

(ii) bail conditions will be varied or imposed with both parties’ agreement;

(g) give consent for another magistrates’ court to deal with a defendant for an offence in respect of which the defendant, when an adult, was discharged conditionally;

(h) order a convicted defendant to produce his or her driving licence;

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

(j) amend an attendance centre order to—

(i) vary the day or hour specified in that order for the defendant’s first attendance, or

(ii) substitute an alternative centre;

(k) amend the local justice area or responsible officer named in an order of the court;

(l) amend a sentence or order by requiring it to be completed in Northern Ireland or Scotland;

(m) extend the time for service of a statutory declaration to which applies—

(i) rule 44.2 (Statutory declaration of ignorance of proceedings), or

(ii) rule 29.4 (Statutory declaration to avoid fine after fixed penalty notice);

(n) fix a later time at which a defendant must attend court for the purposes of an enquiry or hearing under section 82 of the Magistrates’ Courts Act 1980⁶⁵ (Restriction on power to impose imprisonment for default);

(o) conduct a means enquiry;

(p) make a collection order;

(q) issue a warrant of control;

(r) extend the time for payment of a fine or sum to which Part 30 (Enforcement of fines and other orders for payment) applies;

(s) vary an order for the payment by instalments of such a fine or sum;

(t) make a transfer of fine order;

(u) make a disclosure order under section 125CA Magistrates’ Courts Act 1980⁶⁶ (Power to make disclosure order) for the purposes of securing the execution of a warrant;

(v) make an attachment of earnings order;

(w) make or withdraw an application for deductions to be made from a defendant’s benefit payments; and

(x) take any step listed in paragraph 38 of Schedule 5 to the Courts Act 2003⁶⁷ (range of further steps available against defaulters).

(3) In addition to the functions listed in paragraph (2), subject to rule 2.4 and to paragraph (12) of this rule an authorised court officer who is legally qualified may exercise the other functions of a magistrates’ court listed in paragraphs (4) to (11).

(4) In connection with the rules about general matters (Parts 1 to 6)—

(a) exercising the powers to which section 50 of the Crime and Disorder Act 1998⁶⁸ (Early administrative hearings) refers, where that section applies and subject to the restrictions that it contains;

(b) giving, varying or revoking a live link direction under sections 51 and 52 of the Criminal Justice Act 2003⁶⁹ for the participation of a defendant in custody in a preliminary hearing, a sentencing hearing or an enforcement hearing;

(d) giving, varying or revoking an order for separate or joint trials in respect of two or more defendants or two or more offences, if all parties agree;

(e) giving, varying or revoking directions for the conduct of proceedings, including—

(i) the timetable for the case,

(ii) the attendance of the parties,

(iii) the service of documents (including summaries of any legal arguments relied on by the parties),

(iv) the manner in which evidence is to be given, insofar as this rule makes no other provision and except the making, varying or revocation of a witness anonymity order;

(f) directing the correction of a court record under rule 5.4(4) (correction of inaccuracy in court record);

(g) where rule 5.10 applies (Request or application determined by the court)—

(i) directing service of a request under rule 5.10(2)(a)(ii) (service on a person not specified by the rule),

(ii) extending the period for objection under rule 5.10(3), and

(iii) determining a request referred to the court under rule 5.9(7) (Request for information by a party or person directly affected by a case) where no notice of objection is given within the time for which rule 5.10(3) provides;

(h) imposing a reporting restriction under section 45 of the Youth Justice and Criminal Evidence Act 1999⁷⁰ (identity of a person under 18) where there is no objection to the order;

(i) giving permission for proceedings to be recorded; and

(j) asking a court security officer to remove a person from a courtroom.

(5) In connection with the rules about preliminary proceedings (Parts 7 to 12)—

(a) issuing a summons and giving directions for service;

(b) under section 4 of the Summary Jurisdiction (Process) Act 1881⁷¹, endorsing a summons or warrant issued by a court in Scotland;

(d) dismissing a prosecution where the prosecutor offers no evidence;

(e) amending a charge; and

(f) sending a defendant to the Crown Court for trial where the only condition for sending is—

(i) that prescribed by section 51(2)(a), of the Crime and Disorder Act 1998⁷² (offence triable only on indictment other than one in respect of which notice is given under section 51B or 51C of that Act⁷³), or

(ii) the service of a notice under section 51B or 51C of that Act (prosecutor’s notice requiring sending for trial in a case of serious or complex fraud or a case in which a child is to be called as a witness).

(6) In connection with the rules about custody and bail (Parts 13 and 14)—

(a) issuing or withdrawing a warrant for a person’s arrest to secure that the person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of that person to the issue of the warrant; and

(b) granting bail where—

(i) the defendant is present,

(ii) the prosecutor agrees to the grant of bail, and

(iii) the conditions, if any, to which that bail will be subject will remain the same as before, or will be varied or imposed with the parties’ agreement.

(7) In connection with the rules about evidence (Parts 16 to 23)—

(a) requiring a person who has made a written statement to attend before the court to give evidence;

(b) issuing a witness summons and giving directions for its service; and

(c) exercising the court’s functions listed in rule 23.2 (Appointment of advocate to cross-examine witness) and appointing such an advocate as that rule describes (but a court officer may not decline to appoint such an advocate where that rule applies).

(8) In connection with the rules about trial (Parts 24 to 27)—

(a) convicting a defendant who has pleaded guilty;

(b) requesting a pre-sentence report where a defendant pleads guilty; and

(9) In connection with the rules about appeal (Parts 34 to 44)—

(a) stating a case for the opinion of the High Court where the decision under appeal was made by an authorised court officer; and

(b) requiring the appellant to enter into a recognizance under section 114 of the Magistrates’ Courts Act 1980⁷⁴ on an application to state a case for the opinion of the High Court.

(10) In connection with the rules about costs (Part 45)—

(a) making or varying an order for a party to pay costs, if both parties agree;

(b) making or varying an order for another person to pay costs, if that person agrees; and

(11) In connection with the rules about other proceedings (Parts 46 to 50)—

(a) making a legal aid representation order on an appeal against a refusal of legal aid (but a court officer may not decline to make such an order); and

(b) determining an application for a change of legal representative.

(12) An authorised court officer who is not a justices’ legal adviser may not exercise a function of the court in a case in which a District Judge (Magistrates’ Courts), a lay justice or a justices’ legal adviser so directs.

[Note. See also—

(a) rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers; and

(b) rule 3.6 (Application to vary a direction).

Exercise of functions of a District Judge (Magistrates’ Courts) in extradition cases

2.9

(1) This rule provides for the exercise by an authorised court officer of relevant judicial functions of a District Judge (Magistrates’ Courts) in a case to which Part 50 (Extradition) applies.

(2) Subject to rule 2.4, an authorised court officer who is legally qualified may—

(a) fix, cancel or vary the date, time or place for a hearing, including an extradition hearing; and

(b) determine an application to extend a time limit set by a rule or by the court, unless the effect would be—

(i) to affect the date of any hearing that has been fixed, including an extradition hearing, or

(ii) significantly to affect the progress of the case in any other way.

(3) An authorised court officer who is not a justices’ legal adviser may not exercise a function of the court in a case in which a District Judge (Magistrates’ Courts) or a justices’ legal adviser so directs.

[Note. See also—

(a) rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers;

(b) rule 3.6 (Application to vary a direction); and

Court’s power to extend time under rule 2.6 or rule 2.7

2.10

(1) The court may extend (even after it has expired) a time limit under rule 2.6 (Exercise of functions of the High Court) or rule 2.7 (Exercise of functions of the Crown Court).

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

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

(b) explain the delay.

POWERS OF COURT OFFICERS TO TAKE STATUTORY DECLARATIONS

Taking of statutory declarations by court officers

2.11

(1) This rule applies to a statutory declaration required by―

(a) rule 29.4 (Statutory declaration to avoid fine after fixed penalty notice); or

(b) rule 44.2 (Statutory declaration of ignorance of proceedings).

(2) A court officer may take a statutory declaration to which this rule applies if that officer is—

(a) a justices’ legal adviser;

(b) nominated for the purpose by a justices’ legal adviser; or

(c) authorised to exercise the function to which rule 2.8(2)(m) refers (extending time for the service of a statutory declaration).

[Note. Section 2 of the Commissioners for Oaths Act 1889⁸⁰allows rules that regulate the procedure of a court to authorise the taking of a statutory declaration by an officer of that court.]

JUSTICES’ LEGAL ADVISERS

Duties of justices’ legal adviser

2.12

(1) This rule applies in relation to a magistrates’ court, including a youth court, that comprises a lay justice or lay justices.

(2) A justices’ legal adviser―

(a) must provide the court with any legal advice that it needs to carry out its functions, whether the court asks for that advice or not, including advice about―

(i) questions of law,

(ii) questions of mixed law and fact,

(iii) matters of practice and procedure,

(iv) relevant judicial decisions that bind the court,

(v) the process to be followed to reach a decision,

(vi) the process to be followed when sentencing,

(vii) the range of penalties and orders available when sentencing and the matters to be taken into account, in accordance with any sentencing guideline that applies, and

(viii) any other matter relevant to the case before the court;

(b) must allow the parties, if present, an opportunity to make representations to the court about that advice;

(d) if necessary must assist the court with the formulation and recording of reasons for its decisions; and

(e) may make announcements on the court’s behalf, other than an announcement of—

(i) an allocation or sending decision,

(ii) an indication of likely sentence, or

(iii) a verdict or sentence.

(3) To provide the legal advice required by paragraph (2)(a) a justices’ legal adviser must―

(a) if necessary, attend the members of the court outside the courtroom; and

(b) in that event, inform the parties, if present, of any such advice given there.

(4) A justices’ legal adviser must assist a party who has no legal representative—

(a) to understand what the court requires and why;

(b) to provide information required by the court to prepare for trial or to carry out its other functions; and

(5) In performing the functions for which these Rules provide a justices’ legal adviser―

(a) must avoid the appearance of advocacy for a party;

(b) must adhere to the same principles that apply to courts of independence, impartiality, integrity, propriety, competence, diligence and ensuring fair treatment; and

[Note. Section 28 of the Courts Act 2003⁸¹provides for persons authorised by the Lord Chief Justice to give advice to justices of the peace about matters of law. Such a person may be authorised for that purpose only if appointed under section 2(1) of that Act and possessed of such qualifications as may be prescribed. Section 29 of the 2003 Act⁸²provides that the Lord Chief Justice may give directions to such a person but that, apart from that, such a person is not subject to the direction of the Lord Chancellor or anyone else when exercising functions under section 28.

PART 3 — CASE MANAGEMENT

*Contents of this Part*

General rules
When this Part applies	rule 3.1
The duty of the court	rule 3.2
The duty of the parties	rule 3.3
Case progression officers and their duties	rule 3.4
The court’s case management powers	rule 3.5
Application to vary a direction	rule 3.6
Agreement to vary a time limit fixed by a direction	rule 3.7
Case preparation and progression	rule 3.8
Ground rules hearing	rule 3.9
Directions for commissioning medical reports, other than for sentencing purposes	rule 3.10
Hearing to inform the court of sensitive material	rule 3.11
Readiness for trial or appeal	rule 3.12
Conduct of a trial or an appeal	rule 3.13
Duty of court officer	rule 3.14
Court’s power to vary requirements under this Part	rule 3.15

Preparation for trial in a magistrates’ court
Pre-trial hearings in a magistrates’ court: general rules	rule 3.16
Place of magistrates’ court trial	rule 3.17
Use of Welsh language at magistrates’ court trial	rule 3.18

Preparation for trial in the Crown Court
Service of prosecution evidence	rule 3.19
Application to dismiss offence sent for Crown Court trial	rule 3.20
Pre-trial hearings in the Crown Court: general rules	rule 3.21
Preparatory hearing	rule 3.22
Application for preparatory hearing	rule 3.23
Application for non-jury trial containing information withheld from a defendant	rule 3.24
Representations in response to application for preparatory hearing	rule 3.25
Commencement of preparatory hearing	rule 3.26
Defence trial advocate	rule 3.27
Application to stay case for abuse of process	rule 3.28
Application for joint or separate trials, etc.	rule 3.29
Order for joint or separate trials, or amendment of the indictment	rule 3.30
Application for indication of sentence	rule 3.31
Arraigning the defendant on the indictment	rule 3.32
Place of Crown Court trial	rule 3.33
Use of Welsh language at Crown Court trial	rule 3.34

Live links
Live link direction: exercise of court’s powers	rule 3.35
Content of application for a live link direction	rule 3.36
Application to vary or rescind a live link direction	rule 3.37
Application containing information withheld from another party	rule 3.38
Representations in response	rule 3.39

GENERAL RULES

When this Part applies

3.1

(1) Rules 3.1 to 3.15 apply to the management of each case in a magistrates’ court and in the Crown Court (including an appeal to the Crown Court) until the conclusion of that case.

(2) Rules 3.16 to 3.18 apply where the case must be tried in a magistrates’ court, or the court orders trial there.

(3) Rules 3.19 to 3.34 apply where―

(a) the defendant is sent to the Crown Court for trial;

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

(4) Rules 3.35 to 3.39 apply where the court can give a live link direction.

[Note. Rules that apply to procedure in the Court of Appeal are in Parts 36 to 42 of these Rules. Rules that apply to procedure in extradition proceedings are in Part 50 of these Rules: see in particular rules 50.3, 50.4, 50.17 and 50.18.

The duty of the court

3.2

(1) The court must further the overriding objective by actively managing the case.

(2) Active case management includes―

(a) the early identification of the real issues;

(b) the early identification of the needs of witnesses;

(c) achieving certainty as to what must be done, by whom, and when, in particular by the early setting of a timetable for the progress of the case;

(d) monitoring the progress of the case and compliance with directions;

(e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;

(f) discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and avoiding unnecessary hearings;

(g) encouraging the participants to co-operate in the progression of the case; and

(h) making use of technology.

(3) The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible.

(4) Where appropriate live links are available, making use of technology for the purposes of this rule includes giving a live link direction for a person’s participation―

(a) under a power to which rule 3.35 applies (Live link direction: exercise of court’s powers); and

(b) whether an application for such a direction is made or not.

(5) At the first hearing in a case the court must require a defendant who is present―

(a) to provide―

(i) the defendant’s name and date of birth; and

(ii) at least one address at which documents may be served on the defendant under rule 4.4 (Service by leaving or posting a document), including any address at which the defendant resides, in order to facilitate effective communication between the court and the defendant; and

(b) further to assist communication between the court and the defendant, to provide any―

(i) electronic address by means of which written messages may be sent to the defendant, and

(ii) telephone number by means of which oral messages may be given to or left for the defendant.

(6) At any hearing after the first in a case the court may require a defendant who is present to provide or confirm the information required under paragraph (5).

(7) Information required under paragraph (5)(a) must be provided in public unless the court otherwise directs.

(8) If the defendant fails to comply with a requirement to provide name and date of birth―

(a) the court that imposed the requirement―

(i) may invite the prosecutor there and then to start a prosecution in respect of that failure, in accordance with the rules in Part 7 (Starting a prosecution in a magistrates’ court),

(ii) must apply to any such prosecution the rules in Part 24 (Trial and sentence in a magistrates’ court), and

(iii) in any such prosecution may receive evidence from court staff but must not, as a general rule, receive evidence from the defendant’s legal representative (if any) or from a member of the court; and

(b) for the purposes of this paragraph the rules in Parts 7 and 24 apply in the Crown Court as well as in a magistrates’ court.

[Note. Under section 51 of the Criminal Justice Act 2003⁹², the court may require or permit any person to take part through a live audio or video link in the pre-trial, trial, sentencing, enforcement and appeal proceedings listed in that section. Under section 52A of the Act⁹³, a person who takes part in accordance with a live link direction is to be treated as present in court.

The duty of the parties

3.3

(1) Each party must―

(a) actively assist the court in fulfilling its duty under rule 3.2, without or if necessary with a direction; and

(b) apply for a direction if needed to further the overriding objective.

(2) Active assistance for the purposes of this rule includes―

(a) at the beginning of the case, communication between the prosecutor and the defendant at the first available opportunity and in any event no later than the beginning of the day of the first hearing;

(b) after that, communication between the parties and with the court officer until the conclusion of the case;

(i) whether the defendant is likely to plead guilty or not guilty,

(ii) what is agreed and what is likely to be disputed,

(iii) what information, or other material, is required by one party of another, and why, and

(iv) what is to be done, by whom, and when (without or if necessary with a direction);

(d) reporting on that communication to the court―

(i) at the first hearing, and

(ii) after that, as directed by the court;

(e) alerting the court to any reason why―

(i) a live link direction should not be given, or

(ii) such a direction should be varied or rescinded;

(f) alerting the court to any potential impediment to the defendant’s effective participation in the trial;

(g) alerting the court to any potential need for a witness to be accompanied while giving evidence, and in that event―

(i) identifying a proposed companion,

(ii) naming that person, if possible, and

(iii) explaining why that person would be an appropriate companion for the witness, including the witness’ own views; and

(h) alerting the court to any related family proceedings or anticipated such proceedings as soon as reasonably practicable after becoming aware of them.

[Note. See also rule 3.8(7) (Case preparation and progression) about the participation of a witness companion.]

Case progression officers and their duties

3.4

(1) At the beginning of the case each party must, unless the court otherwise directs―

(a) nominate someone responsible for progressing that case; and

(b) tell other parties and the court who that is and how to contact that person.

(2) In fulfilling its duty under rule 3.2, the court must where appropriate―

(a) nominate a court officer responsible for progressing the case; and

(b) make sure the parties know who that is and how to contact that court officer.

(3) In this Part a person nominated under this rule is called a case progression officer.

(4) A case progression officer must―

(a) monitor compliance with directions;

(b) make sure that the court is kept informed of events that may affect the progress of that case;

(d) act promptly and reasonably in response to communications about the case; and

(e) if he or she will be unavailable, appoint a substitute to fulfil his or her duties and inform the other case progression officers.

The court’s case management powers

3.5

(1) In fulfilling its duty under rule 3.2 the court may give any direction and take any step actively to manage a case unless that direction or step would be inconsistent with legislation, including these Rules.

(2) In particular, the court may―

(a) nominate a judge, magistrate or justices’ legal adviser to manage the case;

(b) give a direction on its own initiative or on application by a party;

(d) receive applications, notices, representations and information by letter, by live link, by email or by any other means of electronic communication, and conduct a hearing by live link or other such electronic means;

(e) give a direction―

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

(ii) without a hearing;

(f) fix, postpone, bring forward, extend, cancel or adjourn a hearing;

(g) shorten or extend (even after it has expired) a time limit fixed by a direction;

(h) require that issues in the case should be―

(i) identified in writing,

(ii) determined separately, and decide in what order they will be determined;

(i) specify the consequences of failing to comply with a direction;

(j) request information from a court dealing with family proceedings by―

(i) making the request itself, or

(ii) directing the court officer or a party to make the request on the criminal court’s behalf; and

(k) supply information to a court dealing with family proceedings as if a request had been made under rule 5.8(7) (Request for information about a case) by―

(i) supplying the information itself, or

(ii) directing the court officer or a party to supply that information on the criminal court’s behalf.

(3) A magistrates’ court may give a direction that will apply in the Crown Court if the case is to continue there.

(4) The Crown Court may give a direction that will apply in a magistrates’ court if the case is to continue there.

(5) Any power to give a direction under this Part includes a power to vary or revoke that direction.

(6) If a party fails to comply with a rule or a direction, the court may—

(a) fix, postpone, bring forward, extend, cancel or adjourn a hearing;

(b) exercise its powers to make a costs order; and

(7) In deciding whether to postpone, cancel or adjourn a hearing the court must take into account—

(a) the likelihood that delay would be contrary to the court’s duty under rule 1.3 (The application by the court of the overriding objective);

(b) the court’s duty under rule 3.8 (Case preparation and progression);

(d) the need for compelling reasons, and especially where an application to postpone, cancel or adjourn is made at or shortly before the hearing;

(e) the nature and gravity of any failure to comply with a rule or direction, or to take some other step, where that failure prompts the proposed postponement, cancellation or adjournment; and

(f) the evidence of unfitness to attend, where a participant’s ill-health prompts the proposed postponement, cancellation or adjournment, and in particular the extent to which any medical certificate satisfactorily—

(i) identifies the date of the participant’s examination,

(ii) describes the participant’s injury, illness or condition, the activity or activities which that ill-health impedes and the likely duration of that impediment, and

(iii) explains how that ill-health renders the participant unfit to attend the hearing.

[Note. Depending upon the nature of a case and the stage that it has reached, its progress may be affected by other Criminal Procedure Rules and by other legislation. The note at the end of this Part lists other rules and legislation that may apply.

Application to vary a direction

3.6

(1) A party may apply to vary a direction if―

(a) the court gave it without a hearing;

(b) the court gave it at a hearing in that party’s absence; or

(2) A party who applies to vary a direction must―

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

(b) give as much notice to the other parties as the nature and urgency of the application permits.

Agreement to vary a time limit fixed by a direction

3.7

(1) The parties may agree to vary a time limit fixed by a direction, but only if―

(a) the variation will not―

(i) affect the date of any hearing that has been fixed, or

(ii) significantly affect the progress of the case in any other way;

(b) the court has not prohibited variation by agreement; and

(2) The court’s case progression officer must refer the agreement to the court if in doubt that the condition in paragraph (1)(a) is satisfied.

Case preparation and progression

3.8

(1) At every hearing, if a case cannot be concluded there and then the court must give directions so that it can be concluded at the next hearing or as soon as possible after that.

(2) At every hearing the court must, where relevant―

(a) if the defendant is absent, decide whether to proceed nonetheless;

(b) take the defendant’s plea (unless already done) or if no plea can be taken then find out whether the defendant is likely to plead guilty or not guilty;

(c) set, follow or revise a timetable for the progress of the case, which may include a timetable for any hearing including the trial or (in the Crown Court) the appeal;

(d) in giving directions, ensure continuity in relation to the court and to the parties’ representatives where that is appropriate and practicable; and

(e) where a direction has not been complied with, find out why, identify who was responsible, and take appropriate action.

(3) In order to prepare for the trial, the court must take every reasonable step―

(a) to encourage and to facilitate the attendance of witnesses when they are needed; and

(b) to facilitate the participation of any person, including the defendant.

(4) Facilitating the participation of the defendant includes finding out whether the defendant needs interpretation because―

(a) the defendant does not speak or understand English; or

(b) the defendant has a hearing or speech disorder.

(5) Where the defendant needs interpretation―

(a) the court officer must arrange for interpretation to be provided at every hearing which the defendant is due to attend;

(b) interpretation may be by an intermediary where the defendant has a speech disorder, without the need for a defendant’s evidence direction;

(c) on application or on its own initiative, the court may require a written translation to be provided for the defendant of any document or part of a document, unless―

(i) translation of that document, or part, is not needed to explain the case against the defendant, or

(ii) the defendant agrees to do without and the court is satisfied that the agreement is clear and voluntary and that the defendant has had legal advice or otherwise understands the consequences; and

(d) on application by the defendant, the court must give any direction which the court thinks appropriate, including a direction for interpretation by a different interpreter, where―

(i) no interpretation is provided,

(ii) no translation is ordered or provided in response to a previous application by the defendant, or

(iii) the defendant complains about the quality of interpretation or of any translation.

(6) Facilitating the participation of any person includes―

(a) giving directions for someone to accompany a witness if the witness so wishes while the witness gives evidence and at any other hearing; and

(b) giving directions for the appropriate treatment and questioning of a witness or the defendant, especially where the court directs that such questioning is to be conducted through an intermediary.

(7) Where a witness will be accompanied―

(a) the court―

(i) may allow or require the companion to sit with the witness, and

(ii) if the companion is an adviser must as a general rule allow that adviser to sit next to or near the witness in the courtroom or at any other place where the witness takes part, subject to any direction under rule 3.9 (Ground rules hearing);

(b) before the hearing begins an accompanying adviser must notify the court, orally or in writing (but not in public unless the court otherwise directs) of―

(i) the adviser’s presence, the adviser’s name and the identity of the witness whom the adviser will accompany, and

(ii) the name and address of the organisation, if any, on behalf of which the adviser is providing the witness with support; and

(i) discuss the evidence with the witness,

(ii) advise the witness on how to answer a question,

(iii) give the witness legal advice,

(iv) address the court unless asked to do so, or

(v) interrupt the hearing.

(8) For the purposes of this rule ‘adviser’ means an independent domestic violence adviser or an independent sexual violence adviser and―

(a) an independent domestic violence adviser is a person who provides support to an individual who is a victim of criminal conduct which constitutes domestic abuse within the meaning of the Domestic Abuse Act 2021¹⁰²; and

(b) an independent sexual violence adviser is a person who provides support to an individual who is a victim of criminal conduct which constitutes conduct of a sexual nature.

(9) Where directions for appropriate treatment and questioning are required, the court must―

(a) invite representations by the parties and by any intermediary; and

(b) set ground rules for the conduct of the questioning, which rules may include―

(i) a direction relieving a party of any duty to put that party’s case to a witness or a defendant in its entirety,

(ii) directions about the manner of questioning,

(iii) directions about the duration of questioning,

(iv) if necessary, directions about the questions that may or may not be asked,

(v) directions about the means by which any intermediary may intervene in questioning, if necessary,

(vi) where there is more than one defendant, the allocation among them of the topics about which a witness may be asked, and

(vii) directions about the use of models, plans, body maps or similar aids to help communicate a question or an answer.

[Note. See also—

(a) rule 3.3(2)(g) which requires the parties to alert the court to any potential need for a witness to be accompanied while giving evidence;

(b) rule 3.36(2)(h) (Content of application for a live link direction) and rule 18.10(f) (Content of application for a special measures direction) about the participation of a witness companion in the circumstances to which those rules apply; and

(c) the Victim Support (Specified Roles) Regulations 2025¹⁰³and guidance issued under section 16 of the Victims and Prisoners Act 2024¹⁰⁴.

Ground rules hearing

3.9

(1) This rule applies where the court exercises the powers to which rule 3.8(6)(b) and (9) apply (directions for appropriate treatment and questioning of a witness or defendant).

(2) At a pre-trial case management hearing convened for the purpose—

(a) the parties and any intermediary must—

(i) attend, unless the court otherwise directs, and

(ii) actively assist the court in setting ground rules and giving directions;

(b) the court must—

(i) discuss proposed ground rules and directions with the parties and any intermediary,

(ii) set ground rules for the conduct of questioning of the witness or defendant, as applicable, and

(iii) give such other directions as may be required to facilitate the effective participation of that witness or defendant; and

(i) to make a record of those ground rules and directions, and

(ii) to serve that record on each other, on any intermediary and on the court officer.

(3) In setting such ground rules and giving such directions, the court must have regard to—

(a) any intermediary’s report;

(b) the parties’ representations; and

(4) The ground rules for questioning set by the court may include any listed in rule 3.8(9)(b).

(5) The directions given by the court may include any about—

(a) the timetable for the submission of proposed questions;

(b) the timetable for the trial, including the taking of breaks during proceedings;

(c) seating arrangements in the court room for the defendant, the defendant’s advocate and legal representative, any intermediary and any parent, guardian or other companion of the defendant; and

(d) any explanation to be given to the jury, if there is one, of—

(i) the witness’ or the defendant’s communication needs and behaviour, as applicable, and

(ii) the role of the intermediary, if there is one.

[Note. See also rule 3.16 (Pre-trial hearings in a magistrates’ court: general rules) and rule 3.21 (Pre-trial hearings in the Crown Court: general rules).]

Directions for commissioning medical reports, other than for sentencing purposes

3.10

(1) This rule applies where, because of a defendant’s suspected mental ill-health―

(a) a magistrates’ court requires expert medical opinion about the potential suitability of a hospital order under section 37(3) of the Mental Health Act 1983¹⁰⁵ (hospital order without convicting the defendant);

(b) the Crown Court requires expert medical opinion about the defendant’s fitness to participate at trial, under section 4 of the Criminal Procedure (Insanity) Act 1964¹⁰⁶; or

(c) a magistrates’ court or the Crown Court requires expert medical opinion to help the court determine a question of intent or insanity,

other than such opinion introduced by a party.

(2) A court may exercise the power to which this rule applies on its own initiative having regard to―

(a) an assessment of the defendant’s health by a mental health practitioner acting independently of the parties to assist the court;

(b) representations by a party; or

(3) A court that requires expert medical opinion to which this rule applies must―

(a) identify each issue in respect of which the court requires such opinion and any legislation applicable;

(b) specify the nature of the expertise likely to be required for giving such opinion;

(i) a party (or party’s representative) acting on that party’s own behalf,

(ii) a party (or party’s representative) acting on behalf of the court, or

(iii) the court officer acting on behalf of the court;

(d) where there are available to the court arrangements with the National Health Service under which an assessment of a defendant’s mental health may be prepared, give such directions as are needed under those arrangements for obtaining the expert report or reports required;

(e) where no such arrangements are available to the court, or they will not be used, give directions for the commissioning of an expert report or expert reports, including―

(i) such directions as can be made about supplying the expert or experts with the defendant’s medical records,

(ii) directions about the other information, about the defendant and about the offence or offences alleged to have been committed by the defendant, which is to be supplied to each expert, and

(iii) directions about the arrangements that will apply for the payment of each expert;

(f) set a timetable providing for—

(i) the date by which a commission is to be delivered to each expert,

(ii) the date by which any failure to accept a commission is to be reported to the court,

(iii) the date or dates by which progress in the preparation of a report or reports is to be reviewed by the court officer, and

(iv) the date by which each report commissioned is to be received by the court; and

(g) identify the person (each person, if more than one) to whom a copy of a report is to be supplied, and by whom.

(4) A commission addressed to an expert must—

(a) identify each issue in respect of which the court requires expert medical opinion and any legislation applicable;

(b) include—

(i) the information required by the court to be supplied to the expert,

(ii) details of the timetable set by the court, and

(iii) details of the arrangements that will apply for the payment of the expert;

(d) request confirmation that the expert from whom the opinion is sought—

(i) accepts the commission, and

(ii) will adhere to the timetable.

[Note. See also rule 28.8 (Directions for commissioning medical reports for sentencing purposes).

Hearing to inform the court of sensitive material

3.11

(1) This rule applies where the prosecutor has, or is aware of, material—

(a) the revelation of which to the public or to the defendant the prosecutor thinks would give rise to a real risk of serious prejudice to an important public interest;

(b) to which the prosecutor does not think the obligation to disclose prosecution material applies, under Part I of the Criminal Procedure and Investigations Act 1996; but

(i) potential unfairness to the defendant in the conduct of the trial,

(ii) potential prejudice to the fair management of the trial, or

(iii) potential prejudice to that public interest.

(2) Such a prosecutor must―

(a) ask for a hearing so to inform the court; and

(b) notify the defendant of that request only to such extent, if any, and at such time, if at all, as the court directs.

(3) At or before the hearing the prosecutor must―

(a) explain—

(i) why the hearing is necessary, and

(ii) why it is necessary for the hearing to take place in the defendant’s absence;

(b) explain to what extent, if any, and when, if at all, the defendant should be informed―

(i) of the hearing, and

(ii) of the material of which the prosecutor wants to inform the court; and

(i) only to the extent needed to achieve the purpose for which the hearing is convened, and

(ii) in such manner as the court directs.

(4) Unless the court otherwise directs―

(a) any such hearing―

(i) must be in private, and

(ii) must take place in the defendant’s absence;

(b) the court officer must not give notice to anyone other than the prosecutor of—

(i) the court’s decision on the request for a hearing,

(ii) the arrangements for any such hearing, and

(iii) any directions given at such a hearing; and

(i) keep any written representations or material received under this rule, or

(ii) arrange for the whole or any part to be kept by some other appropriate person, subject to any conditions that the court may impose.

Readiness for trial or appeal

3.12

(1) This rule applies to a party’s preparation for trial or appeal, and in this rule and rule 3.13 ‘trial’ includes any hearing at which evidence will be introduced.

(2) In fulfilling the duty under rule 3.3, each party must―

(a) comply with directions given by the court;

(b) take every reasonable step to make sure that party’s witnesses will attend when they are needed;

(d) promptly inform the court and the other parties of anything that may―

(i) affect the date or duration of the trial or appeal, or

(ii) significantly affect the progress of the case in any other way.

(3) The court may require a party to give a certificate of readiness.

Conduct of a trial or an appeal

3.13

In order to manage a trial or an appeal, the court—

(a) must establish, with the active assistance of the parties, what are the disputed issues;

(b) must consider setting a timetable that—

(i) takes account of those issues and of any timetable proposed by a party, and

(ii) may limit the duration of any stage of the hearing;

(i) which witnesses that party wants to give evidence in person,

(ii) the order in which that party wants those witnesses to give their evidence,

(iii) whether that party requires an order compelling the attendance of a witness,

(iv) what arrangements are desirable to facilitate the giving of evidence by a witness,

(v) what arrangements are desirable to facilitate the participation of any other person, including the defendant,

(vi) what written evidence that party intends to introduce,

(vii) what other material, if any, that person intends to make available to the court in the presentation of the case, and

(viii) whether that party intends to raise any point of law that could affect the conduct of the trial or appeal; and

(d) may limit—

(i) the examination, cross-examination or re-examination of a witness, and

(ii) the duration of any stage of the hearing.

[Note. See also rules 3.5 (The court’s case management powers) and 3.8 (Case preparation and progression).]

Duty of court officer

3.14

The court officer must—

(a) where a person is entitled or required to attend a hearing, give as much notice as reasonably practicable to―

(i) that person, and

(ii) that person’s custodian (if any); and

(b) where the court gives directions, promptly make a record available to the parties.

[Note. See also rule 5.9 (Request for information by a party or person directly affected by a case).]

Court’s power to vary requirements under this Part

3.15

(1) The court may—

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

(b) allow an application or representations to be made orally.

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

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

(b) explain the delay.

PREPARATION FOR TRIAL IN A MAGISTRATES’ COURT

Pre-trial hearings in a magistrates’ court: general rules

3.16

(1) A magistrates’ court―

(a) must conduct a preparation for trial hearing unless―

(i) under rule 9.11 or rule 9.13 (Adult defendant: allocation for magistrates’ court trial; Young defendant) the defendant indicates an intention to plead guilty, or

(ii) the case is one to which rule 24.8 or rule 24.9 applies (Written guilty plea: special rules; Single justice procedure: special rules); and

(b) may conduct a further pre-trial case management hearing (and if necessary more than one such hearing) only where―

(i) the court anticipates a guilty plea,

(ii) it is necessary to conduct such a hearing in order to give directions for an effective trial, or

(iii) such a hearing is required to set ground rules for the conduct of the questioning of a witness or defendant.

(2) At a preparation for trial hearing the court must―

(a) give directions for an effective trial; and

(b) give any direction needed to impose a reporting restriction or to withhold information from the public.

(3) At a preparation for trial hearing, if the defendant is present―

(a) the court must satisfy itself that there has been explained to the defendant, in terms the defendant can understand (with help, if necessary), that the defendant will receive credit for a guilty plea;

(b) the court may explain, in terms the defendant can understand (with help, if necessary), that the defendant may ask the court for an indication of whether a custodial or non-custodial sentence is more likely in the event of a guilty plea there and then, but the court need not give such an indication;

(d) if the defendant asks the court for such an indication, the prosecutor must―

(i) provide any information relevant to sentence not yet served but which is available there and then, and

(ii) identify any other matter relevant to sentence, including the legislation applicable, any sentencing guidelines or guideline cases and aggravating and mitigating factors;

(e) the court must take the defendant’s plea or if no plea can be taken then find out whether the defendant is likely to plead guilty or not guilty; and

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