The Criminal Procedure Rules 2025

• (d) any other person on whom the appellant served the appeal notice.

• (3) Such a party must serve any such notice, as appropriate—

• (a) not more than 10 business days after—

• (i) service on that party of an amended appeal notice under rule 50.20(5) (Form of appeal notice), or

• (ii) the expiry of the time for service of any such amended appeal notice

whichever of those events happens first; and

• (b) not more than 5 business days after service on that party of—

• (i) an appellant’s notice renewing an application for permission to appeal, or

• (ii) a direction to serve a respondent’s notice.

• (4) A respondent’s notice must—

• (a) give the date or dates on which the respondent was served with, as appropriate—

• (i) the appeal notice,

• (ii) the appellant’s notice renewing the application for permission to appeal, or

• (iii) the direction to serve a respondent’s notice;

• (b) identify each ground of opposition on which the respondent relies and the ground of appeal to which each such ground of opposition relates;

• (c) summarise any relevant facts not already summarised in the appeal notice; and

• (d) identify any document or other material that the respondent thinks the court will need to decide the appeal.

[Note. Under rule 50.17, the High Court may extend or shorten the time limit under this rule.]

Renewing an application for permission to appeal, restoring excluded grounds, etc.

50.22

• (1) This rule—

• (a) applies where the High Court—

• (i) refuses permission to appeal to the High Court, or

• (ii) gives permission to appeal to the High Court but not on every ground identified by the appeal notice; but

• (b) does not apply where—

• (i) a defendant applies out of time for permission to appeal to the High Court, and

• (ii) the court for that reason refuses to consider that application.

• (2) Unless the court refuses permission to appeal at a hearing, the appellant may renew the application for permission by serving notice on—

• (a) the High Court officer;

• (b) the respondent; and

• (c) any other person on whom the appellant served the appeal notice,

not more than 5 business days after service of notice of the court’s decision on the appellant.

• (3) If the court refuses permission to appeal, the renewal notice must explain the grounds for the renewal.

• (4) If the court gives permission to appeal but not on every ground identified by the appeal notice the decision indicates that—

• (a) at the hearing of the appeal the court will not consider representations that address any ground thus excluded from argument; and

• (b) an appellant who wants to rely on such an excluded ground needs the court’s permission to do so.

• (5) An appellant who wants to rely at the hearing of an appeal on a ground of appeal excluded from argument must—

• (a) apply in writing, with reasons, and identify each such ground;

• (b) serve the application on—

• (i) the High Court officer, and

• (ii) the respondent; and

• (c) serve the application not more than 5 business days after—

• (i) the giving of permission to appeal, or

• (ii) the High Court officer serves notice of that decision on the applicant, if the applicant was not present in person or by live link when permission to appeal was given.

• (6) Paragraph (7) applies where a party wants to abandon—

• (a) a ground of appeal on which that party has permission to appeal; or

• (b) a ground of opposition identified in a respondent’s notice.

• (7) Such a party must serve notice on—

• (a) the High Court officer; and

• (b) each other party,

before any hearing at which that ground will be considered by the court.

[Note. Under rule 50.17 (Exercise of the High Court’s powers), the High Court may extend or shorten the time limits under this rule.

Appeal hearing

50.23

• (1) Unless the High Court otherwise directs, where the appeal to the High Court is under Part 1 of the Extradition Act 2003 the hearing of the appeal must begin within 40 days starting with the defendant’s arrest.

• (2) Unless the High Court otherwise directs, where the appeal to the High Court is under Part 2 of the 2003 Act the hearing of the appeal must begin within 76 days starting with the later of—

• (a) service of the appeal notice; or

• (b) the day on which the Secretary of State informs the defendant of the Secretary of State’s order, in a case in which—

• (i) the appeal is by the defendant against an order by the magistrates’ court sending the case to the Secretary of State, and

• (ii) the appeal notice is served before the Secretary of State decides whether the defendant should be extradited.

• (3) If the effect of the decision of the High Court on the appeal is that the defendant is to be extradited—

• (a) the High Court must consider any ancillary application, including an application about—

• (i) bail pending extradition,

• (ii) reporting restrictions, or

• (iii) costs; and

• (b) a reference to “the appropriate judge”, in whichever of sections 36B, 36C, 118C or 118D of the 2003 Act applies, has effect as if it were a reference to the High Court.

• (4) If the effect of the decision of the High Court on the appeal is that the defendant is discharged, the High Court must consider any ancillary application, including an application about—

• (a) reporting restrictions; or

• (b) costs.

Early termination of appeal: order by consent, etc.

50.24

• (1) This rule applies where—

• (a) an appellant has served an appeal notice under rule 50.19; and

• (b) the High Court—

• (i) has not determined the application for permission to appeal, or

• (ii) where the court has given permission to appeal, has not determined the appeal.

• (2) Where the warrant or extradition request with which the appeal is concerned is withdrawn—

• (a) the party or person so informing the court must serve on the High Court officer—

• (i) notice to that effect by the authority or territory requesting the defendant’s extradition,

• (ii) details of how much of the warrant or extradition request remains outstanding, if any, and of any other warrant or extradition request outstanding in respect of the defendant,

• (iii) details of any bail condition to which the defendant is subject, if the defendant is on bail, and

• (iv) details sufficient to locate the defendant, including details of the custodian and of the defendant’s date of birth and custody reference, if the defendant is in custody; and

• (b) paragraph (5) applies but only to the extent that the parties want the court to deal with an ancillary matter.

• (3) Where a defendant with whose discharge the appeal is concerned consents to extradition, paragraph (5) applies but only to the extent that the parties want the court to—

• (a) give directions for that consent to be given to the magistrates’ court or to the Secretary of State, as the case may be; or

• (b) deal with an ancillary matter.

• (4) Paragraph (5) applies where the parties want the court to make a decision on which they are agreed—

• (a) determining the application for permission to appeal or the appeal, as the case may be;

• (b) specifying the date on which that application or appeal is to be treated as discontinued; and

• (c) determining an ancillary matter, including costs, if applicable.

• (5) The parties must serve on the High Court officer, in one or more documents—

• (a) a draft order in the terms proposed;

• (b) evidence of each party’s agreement to those terms; and

• (c) concise reasons for the request that the court make the proposed order.

[Note. Under sections 42 and 124 of the Extradition Act 2003¹³²³, where an appeal is pending in the High Court and the court is informed that the relevant warrant or extradition request has been withdrawn the court must—

• (a) order the defendant’s discharge and quash the extradition order or decision, where the defendant has appealed against extradition;

• (b) dismiss the application for permission to appeal or the appeal, as the case may be, where the authority or territory requesting the defendant’s extradition has appealed against the defendant’s discharge.

Application for permission to appeal to the Supreme Court

50.25

• (1) This rule applies where a party to an appeal to the High Court wants to appeal to the Supreme Court.

• (2) Such a party must—

• (a) apply orally to the High Court for permission to appeal immediately after the court’s decision; or

• (b) apply in writing and serve the application on the High Court officer and every other party not more than 14 days after that decision.

• (3) Such a party must—

• (a) identify the point of law of general public importance that the appellant wants the High Court to certify is involved in the decision;

• (b) serve on the High Court officer a statement of that point of law; and

• (c) give reasons why—

• (i) that point of law ought to be considered by the Supreme Court, and

• (ii) the High Court ought to give permission to appeal.

• (4) As well as complying with paragraph (3), a defendant’s application for permission to appeal to the Supreme Court must include or attach any application for the following, with reasons—

• (a) bail pending appeal; or

• (b) permission to attend any hearing in the Supreme Court, if the appellant is in custody.

[Note. See sections 32 and 114 of the Extradition Act 2003¹³²⁶. Those sections prescribe the time limit for serving an application for permission to appeal to the Supreme Court. It may be neither shortened nor extended.]

Determination of detention pending appeal to the Supreme Court against discharge

50.26

On an application for permission to appeal to the Supreme Court against a decision of the High Court which, but for that appeal, would have resulted in the defendant’s discharge, the High Court must—

• (a) decide whether to order the detention of the defendant; and

• (b) determine any application for—

• (i) bail pending appeal,

• (ii) permission to attend any hearing in the Supreme Court, or

• (iii) a representation order.

[Note. See sections 33A and 115A of the Extradition Act 2003¹³²⁷.

Reopening the determination of an appeal

50.27

• (1) This rule applies where a party wants the High Court to reopen a decision of that court which determines an appeal or an application for permission to appeal.

• (2) Such a party must—

• (a) apply in writing for permission to reopen that decision, as soon as practicable after becoming aware of the grounds for doing so; and

• (b) serve the application on the High Court officer and every other party.

• (3) The application must—

• (a) specify the decision which the applicant wants the court to reopen; and

• (b) give reasons why—

• (i) it is necessary for the court to reopen that decision in order to avoid real injustice,

• (ii) the circumstances are exceptional and make it appropriate to reopen the decision, and

• (iii) there is no alternative effective remedy.

• (4) The court must not give permission to reopen a decision unless each other party has had an opportunity to make representations.

Declaration of incompatibility with a Convention right

50.28

• (1) This rule applies where a party—

• (a) wants the High Court to make a declaration of incompatibility with a Convention right under section 4 of the Human Rights Act 1998¹³²⁹; or

• (b) raises an issue that appears to the High Court may lead to the court making such a declaration.

• (2) If the High Court so directs, the High Court officer must serve notice on—

• (a) the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947¹³³⁰; or

• (b) the Treasury Solicitor, if it is not clear who is the relevant person.

• (3) That notice must include or attach details of—

• (a) the legislation affected and the Convention right concerned;

• (b) the parties to the appeal; and

• (c) any other information or document that the High Court thinks relevant.

• (4) A person who has a right under the 1998 Act to become a party to the appeal must—

• (a) serve notice on—

• (i) the High Court officer, and

• (ii) the other parties,

if that person wants to exercise that right; and

• (b) in that notice—

• (i) indicate the conclusion that that person invites the High Court to reach on the question of incompatibility, and

• (ii) identify each ground for that invitation, concisely outlining the arguments in support.

• (5) The High Court must not make a declaration of incompatibility—

• (a) less than 15 business days after the High Court officer serves notice under paragraph (2); and

• (b) without giving any person who serves a notice under paragraph (4) an opportunity to make representations at a hearing.

Duties of court officers

50.29

• (1) The magistrates’ court officer must—

• (a) keep any document or object exhibited in the proceedings in the magistrates’ court, or arrange for it to be kept by some other appropriate person, until—

• (i) 6 weeks after the conclusion of those proceedings, or

• (ii) the conclusion of any proceedings in the High Court that begin within that 6 weeks;

• (b) provide the High Court with any document, object or information for which the High Court officer asks, within such period as the High Court officer may require; and

• (c) arrange for the magistrates’ court to hear as soon as practicable any application to that court for bail pending appeal.

• (2) A person who, under arrangements made by the magistrates’ court officer, keeps a document or object exhibited in the proceedings in the magistrates’ court must—

• (a) keep that exhibit until—

• (i) 6 weeks after the conclusion of those proceedings, or

• (ii) the conclusion of any proceedings in the High Court that begin within that 6weeks,

unless the magistrates’ court or the High Court otherwise directs; and

• (b) provide the High Court with any such document or object for which the High Court officer asks, within such period as the High Court officer may require.

• (3) The High Court officer must—

• (a) give as much notice as reasonably practicable of each hearing to—

• (i) the parties,

• (ii) the defendant’s custodian, if any, and

• (iii) any other person whom the High Court requires to be notified;

• (b) serve a record of each order or direction of the High Court on—

• (i) the parties,

• (ii) any other person whom the High Court requires to be notified;

• (c) if the High Court’s decision determines an appeal or application for permission to appeal, serve a record of that decision on—

• (i) the defendant’s custodian, if any,

• (ii) the magistrates’ court officer, and

• (iii) the designated authority which certified the arrest warrant, where Part 1 of the Extradition Act 2003 applies;

• (d) where rule 50.24 applies (Early termination of appeal: order by consent, etc.), arrange for the High Court to consider the document or documents served under that rule; and

• (e) treat the appeal as if it had been dismissed by the High Court where—

• (i) the hearing of the appeal does not begin within the period required by rule 50.23 (Appeal hearing) or ordered by the High Court, or

• (ii) on an appeal by a requesting territory under section 105 of the Extradition Act 2003¹³³¹, the High Court directs the magistrates’ court to decide a question again and the magistrates’ court comes to the same conclusion as it had done before.

[Note. See section 106 of the Extradition Act 2003¹³³².]

Constitution of the High Court

50.30

• (1) A master of the High Court or a deputy master may exercise any power of the High Court to which the rules in this Section apply, except the power to—

• (a) give or refuse permission to appeal;

• (b) determine an appeal;

• (c) reopen a decision which determines an appeal or an application for permission to appeal;

• (d) grant or withhold bail; or

• (e) impose or vary a condition of bail.

• (2) Despite paragraph (1), such a master or deputy master may exercise one of the powers listed in paragraph (1)(a), (b), (d) or (e) if making a decision to which the parties have agreed in writing.

• (3) A renewed application for permission to appeal to the High Court may be determined by—

• (a) a single judge of the High Court other than the judge who first refused permission, or

• (b) a divisional court.

• (4) An appeal may be determined by—

• (a) a single judge of the High Court; or

• (b) a divisional court.

[Note. See sections 19 and 66 of the Senior Courts Act 1981¹³³³.]

Payment of High Court fees

50.31

• (1) This rule applies where a party serves on the High Court officer a notice or application in respect of which a court fee is payable under legislation that requires the payment of such a fee.

• (2) Such a party must pay the fee, or satisfy the conditions for any remission of the fee, when so serving the notice or application.

• (3) If such a party fails to comply with paragraph (2), then unless the High Court otherwise directs—

• (a) the High Court officer must serve on that party a notice requiring payment of the fee due, or satisfaction of the conditions for any remission of that fee, within a period specified in the notice;

• (b) that party must comply with such a requirement; and

• (c) until the expiry of the period specified in the notice, the High Court must not exercise its power—

• (i) to reject the notice or application in respect of which the fee is payable, or

• (ii) to dismiss an application for permission to appeal, in consequence of rejecting an appeal notice.

[Note. Section 92 of the Courts Act 2003¹³³⁴and the Civil Proceedings Fees Order 2008¹³³⁵require the payment of High Court fees in cases to which this Section of this Part applies. Article 5 and Schedule 2 to the 2008 Order provide for the remission of such fees in some cases.]

SECTION 4: POST-EXTRADITION PROCEEDINGS

Application for consent to deal with another offence or for consent to further extradition

50.32

• (1) This rule applies where—

• (a) a defendant has been extradited to a territory under Part 1 of the Extradition Act 2003¹³³⁶; and

• (b) the court officer receives from the authority designated by the Secretary of State a request for the court’s consent to—

• (i) the defendant being dealt with in that territory for an offence other than one in respect of which the extradition there took place, or

• (ii) the defendant’s further extradition from there to another such territory for an offence.

• (2) The presenting officer must serve on the court officer—

• (a) the request; and

• (b) a certificate given by the designated authority that the request was made by a judicial authority with the function of making such requests in the territory to which the defendant was extradited.

• (3) The court must—

• (a) give directions for service by a party or other person on the defendant of notice that the request for consent has been received, unless satisfied that it would not be practicable for such notice to be served;

• (b) give directions for a hearing to consider the request to begin—

• (i) no more than 21 days after the request was received by the designated authority, or

• (ii) at such a later date as the court decides is in the interests of justice; and

• (c) give such directions as are required for the preparation and conduct of that hearing.

• (4) At the hearing directed under paragraph (3), in the following sequence the court must decide—

• (a) whether the consent requested is required, having regard to—

• (i) any opportunity given for the defendant to leave the requesting territory after extradition which the defendant did not take within 45 days of arrival there,

• (ii) if the defendant did not take such an opportunity, any requirements for consent imposed by the law of the requesting territory or by arrangements between that territory and the United Kingdom where the request is for consent to deal with the defendant in that territory for another offence, and

• (iii) if the defendant did not take such an opportunity, any requirements for consent imposed by arrangements between the requesting territory and the United Kingdom where the request is for consent to extradite the defendant to another territory for an offence; and

• (b) if such consent is required, then—

• (i) whether the offence in respect of which consent is requested is an extradition offence, and

• (ii) if it is, whether the court would order the defendant’s extradition under sections 11 to 25 of the Extradition Act 2003 (bars to extradition and other considerations) were the defendant in the United Kingdom and the court was considering extradition for that offence.

• (5) The court must give directions for notice of its decision to be conveyed to the authority which made the request.

• (6) Rules 50.3 (Exercise of magistrates’ court’s powers) and 50.4 (Case management in the magistrates’ court and duty of court officer) apply on an application under this rule.

[Note. See sections 54, 55, 56 and 57 of the Extradition Act 2003¹³³⁷.]

Signed

Carr of Walton-on-the-Hill, C.J. — Holroyde, L.J. — Foster, J. — Patrick Field — Heather Norton — Michael Oliver — David Barrand — Amy McEvoy — Stephen Parkinson — Jacob Hallam — Paul Jarvis — Folashade Abiodun — Edmund Smyth — Rebecca White — Robert Thomas

I allow these Rules, which shall come into force on 6th October 2025.

Shabana Mahmood — Lord Chancellor — Ministry of Justice — 15th July 2025

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

The Criminal Procedure Rules 2025:

• (a) revoke the Criminal Procedure Rules 2020, S.I. 2020/759, with the amendments made to those Rules by S.I. 2021/40, 2021/849, 2022/45, 2022/815, 2023/44, 2023/786, 2024/62, 2024/842 and 2025/60;

• (b) consolidate and replace the provision made by those rules; and

• (c) include the further rule amendments listed beneath.

Rule	Amendment
Part 2	Rule 2.1 is amended to provide for the transition from the Criminal Procedure Rules 2020 to the Criminal Procedure Rules 2025. Transitional provisions for some applications to authorise extensions of pre-charge bail that were included in the Criminal Procedure Rules 2020 are omitted. Rule 2.7 is amended to allow an authorised court officer in the Crown Court to amend a community order or a suspended sentence order where a probation officer has allowed an offender to change the local justice area in which they reside.
Part 3	Rule 3.2 is amended to remove the implication that the court may direct a reporting or access restriction only on an application. Rules 3.16 and 3.21 are amended to require routine consideration of reporting and comparable restrictions during preparation for trial.
Part 5	Rules 5.8 and 5.11 are amended to remove the implication that the court may withhold information only by reason of a reporting restriction.
Part 6	Rule 6.2 is amended to ensure that a prospective court reporter is recognised as a person directly affected by a reporting restriction. Rules 6.4 and 6.5 are amended to accommodate arrangements that facilitate notice to such a reporter of an application for a reporting restriction.
Part 17	The notes to rules 17.1 and 17.2 are rearranged and expanded to refer to every statutory provision to which those rules now refer. Rule 17.2 is amended to refer to each statutory provision under which a proposed witness may be summoned or brought to court to give evidence. Rule 17.3 is amended to apply to the issue of a summons or warrant requiring a proposed witness to attend court to make a deposition under the Crime and Disorder Act 1998. Rule 17.8 is added to provide for the taking of such a deposition.
Part 24	Rule 24.2 is amended to require magistrates’ courts, immediately before proceeding to trial, to review (i) the need for reporting or comparable directions, and (ii) arrangements for public observation and reporting.
Part 25	Rule 25.2 is amended to require the Crown Court, immediately before proceeding to trial, to review (i) the need for reporting or comparable directions, and (ii) arrangements for public observation and reporting.
Part 42	Rules 42.11 and 42.15 are amended to require service of a notice of appeal in confiscation proceedings on the Registrar of Criminal Appeals, not on the Crown Court officer. Rule 42.20 is amended to apply to all the appeals to which Part 42 applies. Rules 42.5, 42.11, 42.12, 42.13, 42.15, 42.16 and 42.21 are amended to correspond with comparable rules in Parts 36 to 40, which govern other types of appeal to the Court of Appeal.
Glossary	The glossary that was contained in the Criminal Procedure Rules 2020 is omitted.

Rule 17.8 of the Criminal Procedure Rules 2020 is renumbered rule 17.9 to accommodate new rule 17.8 (described above).

Rules 18.14 to 18.17 of the Criminal Procedure Rules 2020 were revoked by the Criminal Procedure (Amendment) Rules 2024, S.I. 2024/62. To accommodate their omission, in the Criminal Procedure Rules 2025 rules 18.18 to 18.28 of the Criminal Procedure Rules 2020 become rules 18.14 to 18.24 respectively.

Rules 33.2, 33.3, 33.47, 33.48, 33.49 and 33.50 of the Criminal Procedure Rules 2020 were revoked by the Criminal Procedure (Amendment) Rules 2024, S.I. 2024/62. To accommodate their omission, in the Criminal Procedure Rules 2025:

• (a) rules 33.4 to 33.46 of the Criminal Procedure Rules 2020 become rules 33.2 to 33.44 respectively; and

• (b) rules 33.51 to 33.70 of the Criminal Procedure Rules 2020 become rules 33.45 to 33.64 respectively.

Amendments to cross-references. The following rules, and notes to rules (‘n’), are amended to bring up to date the cross-references that they contain, both generally and in consequence of the re-numbering of rules in Parts 18 and 33: 3.8, 3.8(n), 3.9, 9.5, 9.10(n), 18.3, 18.4(n), 18.5, 18.5(n), 18.20, Part 18 Summary of eligibility for measures to which the Part applies, 22.3, 22.3(n), 25.16(n), 33.11(n), 33.24, 33.25, 33.28, 33.29, 33.31, 33.44, 33.45, 33.48, 33.50, 33.51, 36.8, 36.14, 39.3, 40.3, 40.6, 42.2, 45.1(n), 45.11, 48.5(n), 48.9 and 48.9(n).

Amendments for consistency of expression. Rules 33.2(3) and 33.48(3) are amended for consistency of the possessive of “witness” with other instances of that word in these Rules. Rules 34.4(4) and 36.8(2) are amended for consistency of expression with amended rule 42.5(2).

These Rules come into force on 6th October 2025.

Footnotes