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The Criminal Procedure Rules 2025

Type Statutory-Instrument

Publication 2025-07-15

Last updated 2026-04-06

State In force

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(a) whether the objection is to the supply of the whole of the information requested, or only to the supply of a specified part or specified parts;

(b) whether the objection applies without limit of time, or only for a specified period (for example, until a date or event specified by the objector); and

(5) Where a notice of objection to a request for information includes material that the objector thinks ought not be revealed to the party or person making the request, the objector must—

(a) omit that material from the notice served on that party or person;

(b) mark the material to show that it is only for the court; and

(6) The court must not determine a request for information, and information requested must not be supplied, until—

(a) each party or person served with the request has had at least 20 business days, or any longer period allowed by the court, in which to object or make other representations; and

(b) the court is satisfied that in all the circumstances every such party or person has had a reasonable opportunity to do so.

(7) The court may determine a request for information or an application under rule 5.8(8)—

(a) at a hearing in public or private, or without a hearing; but

(b) any hearing must be in private, unless the court otherwise directs—

(i) where a request for information concerns a direction, order or warrant made or issued in the absence of the party or person making the request, or

(ii) on an application under rule 5.8(8).

(8) Where a notice of objection to a request for information includes material that the objector thinks ought not be revealed to the party or person making the request—

(a) any hearing of the request may take place, wholly or in part, in the absence of the party or person making it; and

(b) at any such hearing the general rule is that the court must consider, in the following sequence—

(i) representations first by the party or person making the request and then by the objector, in the presence of both, and then

(ii) further representations by the objector, in the absence of the party or person making the request

but the court may direct other arrangements for the hearing.

(9) In deciding whether to order a supply of information requested or to prohibit a supply of information by the court officer without the court’s permission the court must have regard to—

(a) the open justice principle;

(b) any reporting restriction;

(d) the importance of any public interest in the withholding of that information, or in its supply only in part or subject to conditions (which public interest might be, for example, in preventing injustice, protecting others’ rights, protecting the confidentiality of a criminal investigation or protecting national security); and

(e) the extent to which that information is otherwise available to the party or person making the request.

(10) Where the court orders the supply of information the supply may be, at the court’s direction and on such terms as the court directs—

(a) by word of mouth;

(b) in writing, including by written certificate or extract from a court record;

(d) by allowing access to a document, including a recording (other than a recording to which rule 5.5 applies (Recording and transcription of proceedings in the Crown Court)).

[Note. See also rule 5.7 (The open justice principle) and rules 5.8(3)(b) and 5.9(3)(b) (which latter two rules require reasons for a request for information the supply of which is not required by rule 5.8(4) or rule 5.9(4)). The two main purposes of the open justice principle as it applies to the supply of information from court records are (i) to enable public scrutiny of the way in which the courts decide cases so as to provide public accountability and secure public confidence; and (ii) to enable public understanding of the justice system. The core aim is to ensure appropriate transparency for the work of the courts and the judges who sit in them. A request for information to be determined under this rule must explain (i) why that information is sought, and (ii) how its supply would advance the open justice principle.

Publication of information about court hearings, etc.

5.11

(1) Where a case is due to be heard in public, the court officer must—

(a) publish the information listed in paragraph (2)—

(i) if that information is available to the court officer, and

(ii) unless the publication of that information is prohibited by a reporting restriction or other order or requirement to withhold information from the public; and

(b) publish that information for no longer than 5 business days—

(i) by notice displayed somewhere prominent in the vicinity of a court room in which the hearing is due to take place, and

(ii) by such arrangements as the Lord Chancellor directs, including arrangements for publication by electronic means, but only to the extent needed to comply with the open justice principle.

(2) The information that paragraph (1) requires the court officer to publish is—

(a) the date, time and place of the hearing;

(b) the identity of the defendant;

(i) the type of hearing,

(ii) the identity of the prosecutor,

(iii) the identity of the court, and

(iv) any reporting or access restriction that applies; and

(d) by arrangements under paragraph (1)(b)(ii), such other information as it may be practicable to publish concerning—

(i) the details listed in paragraph (2)(c), and

(ii) the statement of each alleged offence (but not the particulars of offence).

(3) Where 15 business days have expired after service on the defendant of a written charge and other documents under rule 24.9 (Single justice procedure: special rules), the court officer must—

(a) publish the information listed in paragraph (4) if—

(i) the information is available to the court officer, and

(ii) the publication of the information is not prohibited by a reporting restriction; and

(b) publish that information for no longer than 5 business days by such arrangements as the Lord Chancellor directs, including arrangements for publication by electronic means, but only to the extent needed to comply with the open justice principle.

(4) The information that paragraph (3) requires the court officer to publish is—

(a) the identity of the defendant;

(b) the identity of the prosecutor;

(d) such other information as it may be practicable to publish about any reporting restriction that applies.

(5) If it is not practicable to publish the information about reporting or access restrictions that this rule requires then the court officer must publish a notice or notices by such arrangements as the Lord Chancellor directs—

(a) warning that such restrictions may apply to a case information about which is published under this rule;

(b) explaining the general effect of such restrictions; and

(c) explaining how further information about such restrictions may be obtained, generally and in relation to an individual case.

[Note. See also rule 5.7 (The open justice principle).]

Request for certificate, extract or information under other legislation

5.12

(1) This rule applies where legislation other than these Rules—

(a) allows a certificate of conviction or acquittal, or an extract from records kept by the court officer, to be introduced in evidence in criminal proceedings; or

(b) requires or permits information about a case, including information contained in materials kept by the court officer for the purposes of the case, to be supplied by the court officer to a specified person for a specified purpose.

(2) A person who wants such a certificate or extract, or such information, must—

(a) apply in writing to the court officer;

(b) specify the certificate, extract or information required;

(d) pay any fee prescribed.

(3) If the application satisfies the requirements of that legislation, the court officer must supply the certificate, extract or information requested—

(a) to a party; and

(b) unless the court otherwise directs, to any other applicant.

[Note. Under sections 73 to 75 of the Police and Criminal Evidence Act 1984¹⁹⁴, a certificate of conviction or acquittal, and certain other details from records to which this Part applies, may be admitted in evidence in criminal proceedings.

PART 6 — REPORTING, ETC. RESTRICTIONS

*Contents of this Part*

General rules
When this Part applies	rule 6.1
Exercise of court’s powers to which this Part applies	rule 6.2
Court’s power to vary requirements under this Part	rule 6.3

Reporting and access restrictions
Reporting and access restrictions	rule 6.4
Varying or removing restrictions	rule 6.5
Trial in private	rule 6.6
Representations in response	rule 6.7
Order about restriction or trial in private	rule 6.8

Sound recording and electronic communication
Sound recording and electronic communication	rule 6.9
Forfeiture of unauthorised sound recording	rule 6.10

GENERAL RULES

When this Part applies

6.1

(1) This Part applies where the court can—

(a) impose a restriction on—

(i) reporting what takes place at a public hearing, or

(ii) public access to what otherwise would be a public hearing;

(b) vary or remove a reporting or access restriction that is imposed by legislation;

(d) order a trial in private; or

(e) allow there to take place during a hearing—

(i) sound recording, or

(ii) communication by electronic means.

(2) This Part does not apply to arrangements required by legislation, or directed by the court, in connection with—

(a) sound recording during a hearing, or the transcription of such a recording; or

(b) measures to assist a witness or defendant to give evidence.

[Note. The court can impose reporting restrictions under—

(a) section 4(2) of the Contempt of Court Act 1981²⁰¹(postponed report of public hearing);

(b) section 11 of the Contempt of Court Act 1981 (matter withheld from the public during a public hearing);

(c) section 58 of the Criminal Procedure and Investigations Act 1996²⁰²(postponed report of derogatory assertion in mitigation);

(d) section 45 of the Youth Justice and Criminal Evidence Act 1999²⁰³(identity of a person under 18);

(e) section 45A of the Youth Justice and Criminal Evidence Act 1999²⁰⁴(identity of a witness or victim under 18);

(f) section 46 of the Youth Justice and Criminal Evidence Act 1999²⁰⁵(identity of a vulnerable adult witness);

(g) section 82 of the Criminal Justice Act 2003²⁰⁶(order for retrial after acquittal); or

(h) section 75 of the Serious Organised Crime and Police Act 2005²⁰⁷(identity of a defendant who assisted the police).

Exercise of court’s powers to which this Part applies

6.2

(1) When exercising a power to which this Part applies, as well as furthering the overriding objective, in accordance with rule 1.3, the court must have regard to the importance of—

(a) dealing with criminal cases in public; and

(b) allowing a public hearing to be reported to the public.

(2) The court may determine an application or appeal under this Part—

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

(b) without a hearing.

(3) But the court must not exercise a power to which this Part applies unless each party and any other person directly affected, including any reporter notified by means of such arrangements as the Lord Chancellor directs—

(a) is present; or

(b) has had an opportunity—

(i) to attend, or

(ii) to make representations.

[Note. See also section 121 of the Magistrates’ Courts Act 1980²³⁰and rule 24.2 (general rules about trial and sentence in a magistrates’ court).

Court’s power to vary requirements under this Part

6.3

(1) The court may—

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

(b) require an application to be made in writing instead of orally;

(d) dispense with a requirement to—

(i) give notice, or

(ii) serve an application.

(2) Someone who wants an extension of time must—

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

(b) explain the delay.

REPORTING AND ACCESS RESTRICTIONS

Reporting and access restrictions

6.4

(1) This rule applies where the court can—

(a) impose a restriction on—

(i) reporting what takes place at a public hearing, or

(ii) public access to what otherwise would be a public hearing; or

(b) withhold information from the public during a public hearing.

(2) Unless other legislation otherwise provides, the court may do so—

(a) on application by a party; or

(b) on its own initiative.

(3) A party who wants the court to do so must—

(a) apply as soon as reasonably practicable;

(b) notify—

(i) each other party,

(ii) reporters, by means of such arrangements as the Lord Chancellor directs, and

(iii) such other person (if any) as the court directs;

(d) explain—

(i) what power the court has to make the order, and

(ii) why an order in the terms proposed is necessary;

(e) where the application is for a reporting direction under section 45A of the Youth Justice and Criminal Evidence Act 1999²³¹ (Power to restrict reporting of criminal proceedings for lifetime of witnesses and victims under 18), explain—

(i) how the circumstances of the person whose identity is concerned meet the conditions prescribed by that section, having regard to the factors which that section lists; and

(ii) why such a reporting direction would be likely to improve the quality of any evidence given by that person, or the level of co-operation given by that person to any party in connection with the preparation of that party’s case, taking into account the factors listed in that section; and

(f) where the application is for a reporting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999²³² (Power to restrict reports about certain adult witnesses in criminal proceedings), explain—

(i) how the witness is eligible for assistance, having regard to the factors listed in that section, and

(ii) why such a reporting direction would be likely to improve the quality of the witness’ evidence, or the level of co-operation given by the witness to the applicant in connection with the preparation of the applicant’s case, taking into account the factors which that section lists.

[Note. Under section 45A(10) or section 46(9) of the Youth Justice and Criminal Evidence Act 1999, if the conditions prescribed by those sections are met the court may make an excepting direction dispensing, to any extent specified, with the restrictions imposed by a reporting direction made under those sections.]

Varying or removing restrictions

6.5

(1) This rule applies where the court can vary or remove a reporting or access restriction.

(2) Unless other legislation otherwise provides, the court may do so—

(a) on application by a party or person directly affected; or

(b) on its own initiative.

(3) A party or person who wants the court to do so must—

(a) apply as soon as reasonably practicable;

(b) notify—

(i) each other party,

(ii) reporters, by means of such arrangements as the Lord Chancellor directs, and

(iii) such other person (if any) as the court directs;

(d) explain, as appropriate, why it should be varied or removed.

(4) A person who wants to appeal to the Crown Court under section 141F of the Education Act 2002²³³ must—

(a) serve an appeal notice on—

(i) the Crown Court officer, and

(ii) each other party;

(b) serve on the Crown Court officer, with the appeal notice, a copy of the application to the magistrates’ court;

(c) serve the appeal notice not more than 15 business days after the magistrates’ court’s decision against which the appellant wants to appeal; and

(d) in the appeal notice, explain, as appropriate, why the restriction should be maintained, varied or removed.

(5) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.

[Note. Under section 141F(7) of the Education Act 2002, a party to an application to a magistrates’ court to remove the statutory restriction on reporting an alleged offence by a teacher may appeal to the Crown Court against the decision of the magistrates’ court. With the Crown Court’s permission, any other person may appeal against such a decision.]

Trial in private

6.6

(1) This rule applies where the court can order a trial in private.

(2) A party who wants the court to do so must—

(a) apply in writing not less than 5 business days before the trial is due to begin; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(3) The applicant must explain—

(a) the reasons for the application;

(b) how much of the trial the applicant proposes should be in private; and

(i) reporting restrictions,

(ii) an admission of facts,

(iii) the introduction of hearsay evidence,

(iv) a direction for a special measure under section 19 of the Youth Justice and Criminal Evidence Act 1999,

(v) a witness anonymity order under section 86 of the Coroners and Justice Act 2009, or

(vi) arrangements for the protection of a witness.

(4) Where the application includes information that the applicant thinks ought not be revealed to another party, the applicant must—

(a) omit that information from the part of the application that is served on that other party;

(b) mark the other part to show that, unless the court otherwise directs, it is only for the court; and

(5) The court officer must at once—

(a) display notice of the application somewhere prominent in the vicinity of the courtroom; and

(b) give notice of the application to reporters by such other arrangements as the Lord Chancellor directs.

(6) The application must be determined at a hearing which—

(a) must be in private, unless the court otherwise directs;

(b) if the court so directs, may be, wholly or in part, in the absence of a party from whom information has been withheld; and

(7) At the hearing of the application—

(a) the general rule is that the court must consider, in the following sequence—

(i) representations first by the applicant and then by each other party, in all the parties’ presence, and then

(ii) further representations by the applicant, in the absence of a party from whom information has been withheld; but

(b) the court may direct other arrangements for the hearing.

(8) The court must not hear a trial in private until—

(a) the business day after the day on which it orders such a trial, or

(b) the disposal of any appeal against, or review of, any such order, if later.

Representations in response

6.7

(1) This rule applies where a party, or person directly affected, wants to make representations about an application or appeal.

(2) Such a party or person must—

(a) serve the representations on—

(i) the court officer,

(ii) the applicant,

(iii) each other party, and

(iv) such other person (if any) as the court directs;

(b) do so as soon as reasonably practicable after notice of the application; and

(3) Representations must—

(a) explain the reasons for any objection; and

(b) specify any alternative terms proposed.

Order about restriction or trial in private

6.8

(1) This rule applies where the court—

(a) orders, varies or removes a reporting or access restriction; or

(b) orders a trial in private.

(2) The court officer must—

(a) record the court’s reasons for the decision; and

(b) as soon as reasonably practicable, arrange for notice of the decision to be—

(i) displayed somewhere prominent in the vicinity of the courtroom, and

(ii) communicated to reporters by such other arrangements as the Lord Chancellor directs.

SOUND RECORDING AND ELECTRONIC COMMUNICATION

Sound recording and electronic communication

6.9

(1) This rule applies where the court can give permission to—

(a) bring into a hearing for use, or use during a hearing, a device for—

(i) recording sound, or

(ii) communicating by electronic means; or

(b) publish a sound recording made during a hearing.

(2) The court may give such permission—

(a) on application; or

(b) on its own initiative.

(3) A person who wants the court to give such permission must—

(a) apply as soon as reasonably practicable;

(b) notify—

(i) each party, and

(ii) such other person (if any) as the court directs; and

(4) As a condition of the applicant using such a device, the court may direct arrangements to minimise the risk of its use—

(a) contravening a reporting restriction;

(b) disrupting the hearing; or

(i) the evidence to be given by a witness, or

(ii) the verdict of a jury.

(5) Such a direction may require that the device is used only—

(a) in a specified part of the courtroom;

(b) for a specified purpose;

(c) for a purpose connected with the applicant’s activity as a member of a specified group, for example representatives of news-gathering or reporting organisations; or

(d) at a specified time, or in a specified way.

Forfeiture of unauthorised sound recording

6.10

(1) This rule applies where someone without the court’s permission—

(a) uses a device for recording sound during a hearing; or

(b) publishes a sound recording made during a hearing.

(2) The court may exercise its power to forfeit the device or recording—

(a) on application by a party, or on its own initiative; and

(b) provisionally, despite rule 6.2(3), to allow time for representations.

(3) A party who wants the court to forfeit a device or recording must—

(a) apply as soon as reasonably practicable;

(b) notify—

(i) as appropriate, the person who used the device, or who published the recording, and

(ii) each other party; and

[Note. Under section 9(3) of the Contempt of Court Act 1981²³⁴, the court can forfeit any device or recording used or made in contravention of section 9(1) of the Act.]

PART 7 — STARTING A PROSECUTION IN A MAGISTRATES’ COURT

*Contents of this Part*

When this Part applies	rule 7.1
Application for summons, etc.	rule 7.2
Allegation of offence	rule 7.3
Summons, warrant and requisition	rule 7.4
Notice of defendant in custody	rule 7.5
Arrangements for court to receive defendant in custody	rule 7.6

When this Part applies

7.1

(1) This Part applies in a magistrates’ court where—

(a) a prosecutor wants the court to issue a summons or warrant under section 1 of the Magistrates’ Courts Act 1980²³⁵;

(b) a prosecutor with the power to do so issues—

(i) a written charge and requisition, or

(ii) a written charge and single justice procedure notice

under section 29 of the Criminal Justice Act 2003²³⁶;

(d) the prosecutor alleges an offence against a defendant who is due to attend, or attends, the court in response to another allegation.

(2) In this Part, ‘authorised prosecutor’ means a prosecutor authorised under section 29 of the Criminal Justice Act 2003 to issue a written charge and requisition or single justice procedure notice.

[Note. Under section 1 of the Magistrates’ Courts Act 1980, on receiving a formal statement (described in that section as an ‘information’) alleging that someone has committed an offence, the court may issue—

(a) a summons requiring that person to attend court; or

(b) a warrant for that person’s arrest, if—

(i) the alleged offence must or may be tried in the Crown Court,

(ii) the alleged offence is punishable with imprisonment, or

(iii) the person’s address cannot be established sufficiently clearly to serve a summons or requisition.

Application for summons, etc.

7.2

(1) A prosecutor who wants the court to issue a summons must—

(a) serve on the court officer a written application; or

(b) unless other legislation prohibits this, present an application orally to the court, with a written statement of the allegation or allegations made by the prosecutor.

(2) A prosecutor who wants the court to issue a warrant must—

(a) serve on the court officer—

(i) a written application, or

(ii) a copy of a written charge that has been issued; or

(b) present to the court either of those documents.

(3) An application for the issue of a summons or warrant must—

(a) set out the allegation or allegations made by the applicant in terms that comply with rule 7.3(1) (Allegation of offence in application or charge); and

(b) demonstrate—

(i) that the application is made in time, if legislation imposes a time limit, and

(ii) that the applicant has the necessary consent, if legislation requires it.

(4) As well as complying with paragraph (3), an application for the issue of a warrant must—

(a) demonstrate that the offence or offences alleged can be tried in the Crown Court;

(b) demonstrate that the offence or offences alleged can be punished with imprisonment; or

(c) concisely outline the applicant’s grounds for asserting that the defendant’s address is not sufficiently established for a summons to be served.

(5) Paragraph (6) applies unless the prosecutor is—

(a) a public authority within the meaning of section 17 of the Prosecution of Offences Act 1985²⁴⁰; or

(b) a person acting—

(i) on behalf of such an authority, or

(ii) in that person’s capacity as an official appointed by such an authority.

(6) Where this paragraph applies, as well as complying with paragraph (3), and with paragraph (4) if applicable, an application for the issue of a summons or warrant must—

(a) concisely outline the grounds for asserting that the defendant has committed the alleged offence or offences;

(b) disclose—

(i) details of any previous such application by the same applicant in respect of any allegation now made, and

(ii) details of any current or previous proceedings brought by another prosecutor in respect of any allegation now made; and

(i) the allegations contained in the application are substantially true,

(ii) the evidence on which the applicant relies will be available at the trial,

(iii) the details given by the applicant under paragraph (6)(b) are true, and

(iv) the application discloses all the information that is material to what the court must decide.

(7) Where the statement required by paragraph (6)(c) is made orally—

(a) the statement must be on oath or affirmation, unless the court otherwise directs; and

(b) the court must arrange for a record of the making of the statement.

(8) An authorised prosecutor who issues a written charge must notify the court officer immediately.

(9) A single document may contain—

(a) more than one application; or

(b) more than one written charge.

(10) Where an offence can be tried only in a magistrates’ court, then unless other legislation otherwise provides—

(a) a prosecutor must serve an application for the issue of a summons or warrant on the court officer or present it to the court; or

(b) an authorised prosecutor must issue a written charge,

not more than 6 months after the offence alleged.

(11) Where an offence can be tried in the Crown Court then—

(a) a prosecutor must serve an application for the issue of a summons or warrant on the court officer or present it to the court; or

(b) an authorised prosecutor must issue a written charge,

within any time limit that applies to that offence.

(12) The court may determine an application to issue or withdraw a summons or warrant—

(a) without a hearing, as a general rule, or at a hearing (which must be in private unless the court otherwise directs);

(b) in the absence of—

(i) the prosecutor,

(ii) the defendant; and

(13) If the court so directs, a party to an application to issue or withdraw a summons or warrant may attend a hearing by live link.

(14) The court may decline to issue a summons or warrant if, for example—

(a) a court has previously determined an application by the same prosecutor which alleged the same or substantially the same offence against the same defendant on the same or substantially the same asserted facts;

(b) the prosecutor fails to disclose all the information that is material to what the court must decide;

(i) reached a binding agreement with the defendant not to prosecute, or

(ii) made representations that no prosecution would be brought, on which the defendant has acted to the defendant’s detriment;

(d) the prosecutor asserts facts incapable of proof in a criminal court as a matter of law;

(e) the prosecution would constitute an assertion that the decision of another court or authority was wrong where that decision has been, or could have been, or could be, questioned in other proceedings or by other lawful means; or

(f) the prosecutor’s dominant motive would render the prosecution an abuse of the process of the court.

[Note. In some legislation, including the Magistrates’ Courts Act 1980, an application for the issue of a summons or warrant is described as an ‘information’ and serving an application on the court officer or presenting it to the court is described as ‘laying’ that information.

Allegation of offence

7.3

(1) An allegation of an offence in an application for the issue of a summons or warrant or in a charge must contain—

(a) a statement of the offence that—

(i) describes the offence in ordinary language, and

(ii) identifies any legislation that creates it; and

(b) such particulars of the conduct constituting the commission of the offence as to make clear what the prosecutor alleges against the defendant, including the value of any damage or theft alleged where that value is known and where it affects the exercise of the court’s powers.

(2) More than one incident of the commission of the offence may be included in the allegation if those incidents taken together amount to a course of conduct having regard to the time, place or purpose of commission.

(3) Where rule 7.1(1)(d) applies (additional allegation in existing prosecution), the prosecutor must—

(a) set out the additional allegation in terms that comply with paragraph (1);

(b) as soon as practicable—

(i) serve the additional allegation on the court officer and the defendant, or

(ii) present the additional allegation orally to the court, with a written statement of that allegation;

(d) demonstrate that the prosecutor has the necessary consent, if legislation requires it.

[Note. In some circumstances the court may allow the prosecutor to amend an allegation of an offence, including to allege a different offence. In those circumstances the allegation may be amended after any time limit for prosecuting the different offence has expired if the amendment is based on substantially the same facts as the allegation first made. See Part 3 for the court’s general powers of case management, including power to consider an application and give directions for (among other things) the amendment of an allegation.]

Summons, warrant and requisition

7.4

(1) A summons, warrant or requisition may be issued in respect of more than one offence.

(2) A summons or requisition must—

(a) contain notice of when and where the defendant is required to attend the court;

(b) specify each offence in respect of which it is issued;

(i) the court that issued it, unless that is otherwise recorded by the court officer,

(ii) the court office for the court that issued it, and

(iii) the prosecutor, unless the prosecutor is a public authority; and

(d) in the case of a requisition, identify the person under whose authority it is issued.

(3) A summons may be contained in the same document as an application for the issue of that summons.

(4) A requisition may be contained in the same document as a written charge.

(5) Where the court issues a summons—

(a) the prosecutor must—

(i) serve it on the defendant, and

(ii) notify the court officer; or

(b) the court officer must—

(i) serve it on the defendant, and

(ii) notify the prosecutor.

(6) Where an authorised prosecutor issues a requisition that prosecutor must—

(a) serve on the defendant—

(i) the requisition, and

(ii) the written charge; and

(b) serve a copy of each on the court officer.

(7) Unless it would be inconsistent with other legislation, a replacement summons or requisition may be issued without a fresh application or written charge where the one replaced—

(a) was served under rule 4.4 (Service by leaving or posting a document); but

(b) is shown not to have been received by the addressee.

(8) Where a summons or requisition is served on a defendant under 18—

(a) the prosecutor or court officer who serves it must serve a copy on a parent or guardian of the defendant as well; and

(b) if the court requires the parent or guardian to attend, the copy may impose that requirement, or a separate summons or requisition may be issued for that purpose.

[Note. Part 13 contains other rules about warrants.

Notice of defendant in custody

7.5

(1) This rule and rule 7.6 (Arrangements for court to receive defendant in custody) apply where—

(a) a defendant in custody must be brought before a court—

(i) under section 46 of the Police and Criminal Evidence Act 1984²⁴⁵ (Detention after charge), or

(ii) after arrest on a warrant issued under section 1 of the Magistrates’ Courts Act 1980²⁴⁶ (Issue of summons to accused or warrant for his arrest); and

(b) a police custody officer so notifies the court officer.

(2) The police custody officer must provide the court officer with—

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

(b) the offence charged and confirmation of the date and time of charge;

(c) confirmation that the information required by rule 8.3 (Content of initial details) is available and will be served before the defendant’s case is heard;

(d) confirmation that the prosecutor has been notified;

(e) confirmation that the following have been notified and are available—

(i) any interpreter required,

(ii) the defendant’s legal representative, if any, and

(iii) any local or other authority, including any youth offending team, responsible for the defendant’s care or welfare;

(f) the police custody officer’s proposal for the means by which the defendant will be brought before the court, either by live link or in person, and—

(i) if the proposal is for the defendant to attend court by live link, details of any material circumstance listed in rule 3.35 (Live link direction: exercise of court’s powers), or

(ii) if the proposal is for the defendant to attend court in person, the identity of the authority responsible for transporting the defendant and the expected time of arrival; and

(g) details of any disability or other vulnerability of the defendant of which the police custody officer is aware and which is not apparent from other information supplied.

[Note. Under section 46 of the Police and Criminal Evidence Act 1984 a defendant who is charged with an offence and, after being charged, is kept in police or local authority detention must be brought before a magistrates’ court as soon as is practicable that day, or the next day which is not Christmas Day, Good Friday or a Sunday.]

Arrangements for court to receive defendant in custody

7.6

(1) Subject to paragraph (3), the court officer must arrange for a defendant of whom notice is given under rule 7.5 (Notice of defendant in custody) to be brought before a court in person or by live link as soon as is practicable that day and in any event—

(a) by 3.30pm if that day is a business day;

(b) by 12.30pm if that day is a Saturday or a bank holiday; or

(2) In making the arrangements required by paragraph (1) the court officer must—

(a) consult with those affected including—

(i) the police custody officer,

(ii) court members,

(iii) justices’ legal advisers and other court officers, and

(iv) the prosecutor; and

(b) as far as is practicable rearrange court business to ensure that the time available will allow all cases heard that day to conclude by 4.30pm (or later if, but only if, a disability or vulnerability of the defendant the subject of this rule so requires).

(3) If the arrangements otherwise required by paragraph (1) cannot practicably be made then the court officer must arrange for the defendant to be brought before a court as soon as is practicable on the next day which is not Christmas Day, Good Friday or a Sunday.

(4) When arrangements for the defendant to be brought before a court have been made the court officer promptly must so inform—

(a) the police custody officer; and

(b) as applicable, others consulted under paragraph (2)(a).

PART 8 — INITIAL DETAILS OF THE PROSECUTION CASE

*Contents of this Part*

When this Part applies	rule 8.1
Providing initial details of the prosecution case	rule 8.2
Content of initial details	rule 8.3
Use of initial details	rule 8.4

When this Part applies

8.1

This Part applies in a magistrates’ court.

Providing initial details of the prosecution case

8.2

(1) The prosecutor must serve initial details of the prosecution case on the court officer—

(a) as soon as practicable; and

(b) in any event, no later than the beginning of the day of the first hearing.

(2) Where a defendant requests those details, the prosecutor must serve them on the defendant—

(a) as soon as practicable; and

(b) in any event, no later than the beginning of the day of the first hearing.

(3) Where a defendant does not request those details, the prosecutor must make them available to the defendant at, or before, the beginning of the day of the first hearing.

Content of initial details

8.3

Initial details of the prosecution case must include—

(a) where, immediately before the first hearing in the magistrates’ court, the defendant was in police custody for the offence charged—

(i) a summary of the circumstances of the offence, and

(ii) the defendant’s criminal record, if any; or

(b) where paragraph (a) does not apply—

(i) a summary of the circumstances of the offence,

(ii) any account given by the defendant in interview, whether contained in that summary or in another document,

(iii) any written witness statement or exhibit that the prosecutor then has available and considers material to plea, or to the allocation of the case for trial, or to sentence,

(iv) the defendant’s criminal record, if any, and

(v) any available statement of the effect of the offence on a victim, a victim’s family or others.

Use of initial details

8.4

(1) This rule applies where—

(a) the prosecutor wants to introduce information contained in a document listed in rule 8.3; and

(b) the prosecutor has not—

(i) served that document on the defendant, or

(ii) made that information available to the defendant.

(2) The court must not allow the prosecutor to introduce that information unless the court first allows the defendant sufficient time to consider it.

PART 9 — ALLOCATION AND SENDING FOR TRIAL

*Contents of this Part*

General rules
When this Part applies	rule 9.1
Exercise of magistrates’ court’s powers	rule 9.2
Matters to be specified on sending for trial	rule 9.3
Duty of justices’ legal adviser	rule 9.4
Duty of magistrates’ court officer	rule 9.5

Sending without allocation for Crown Court trial
Prosecutor’s notice requiring Crown Court trial	rule 9.6
Sending for Crown Court trial	rule 9.7

Allocation for magistrates’ court or Crown Court trial
Adult defendant: request for plea	rule 9.8
Adult defendant: guilty plea	rule 9.9
Adult defendant: not guilty plea	rule 9.10
Adult defendant: allocation for magistrates’ court trial	rule 9.11
Adult defendant: prosecutor’s application for Crown Court trial	rule 9.12
Young defendant	rule 9.13
Allocation and sending for Crown Court trial	rule 9.14

Committal for sentence in connection with sending for trial
Committal for sentence for offence related to an offence sent for trial	rule 9.15

Sending back, etc. for magistrates’ court trial
Sending back or referring case for magistrates’ court trial	rule 9.16

GENERAL RULES

When this Part applies

9.1

(1) This Part applies to—

(a) the allocation and sending of cases for trial under—

(i) sections 17A to 26 of the Magistrates’ Courts Act 1980²⁴⁷, and

(ii) sections 50A to 52 of the Crime and Disorder Act 1998²⁴⁸; and

(b) the return of cases for trial under—

(i) section 46ZA of the Senior Courts Act 1981²⁴⁹, and

(ii) paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998²⁵⁰.

(2) Rules 9.6 and 9.7 apply in a magistrates’ court where the court must, or can, send a defendant to the Crown Court for trial, without allocating the case for trial there.

(3) Rules 9.8 to 9.14 apply in a magistrates’ court where the court must allocate the case to a magistrates’ court or to the Crown Court for trial.

(4) Rule 9.15 applies in a magistrates’ court where, after applying other rules in this Part, the court can commit for sentence to the Crown Court a defendant who pleads guilty to an offence related to one sent for trial there.

(5) Rule 9.16 applies in the Crown Court where the court can return a defendant to a magistrates’ court for trial.

[Note. At the first hearing in a magistrates’ court the court may (and in some cases must) order trial in that court, or may (and in some cases must) send the defendant to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998²⁵¹. The decision depends upon—

(a) the classification of the offence (and the general rule, subject to exceptions, is that an offence classified as triable only on indictment must be sent to the Crown Court for trial; an offence classified as triable only summarily must be tried in a magistrates’ court; and an offence classified as triable either way, on indictment or summarily, must be allocated to one or the other court for trial, subject to the defendant’s right to choose Crown Court trial: see in particular sections 50A, 51 and 51A of the 1998 Act²⁵²and section 19 of the Magistrates’ Courts Act 1980²⁵³);

(b) the defendant’s age (and the general rule, subject to exceptions, is that an offence alleged against a defendant under 18 must be tried in a magistrates’ court sitting as a youth court: see in particular sections 24 and 24A of the 1980 Act²⁵⁴);

(d) whether another defendant, charged with the same offence, is awaiting Crown Court trial for that offence;

(e) in some cases (destroying or damaging property; aggravated vehicle taking), whether the value involved is more or less than £5,000; and

(f) in a case of low-value shoplifting, whether the defendant chooses Crown Court trial: see section 22A of the 1980 Act²⁵⁵.

Exercise of magistrates’ court’s powers

9.2

(1) This rule applies to the exercise of a magistrates’ court’s powers to which this Part applies.

(2) The general rule is that the court must exercise its powers at a hearing in public, but it may exercise any power it has to—

(a) withhold information from the public; or

(b) order a hearing in private.

(3) The general rule is that the court must exercise its powers in the defendant’s presence, but it may exercise the powers to which the following rules apply in the defendant’s absence on the conditions specified—

(a) where rule 9.7 (Sending for Crown Court trial) applies, if the defendant is represented;

(b) where rule 9.8 (Adult defendant: request for plea), rule 9.9 (Adult defendant: guilty plea) or rule 9.13 (Young defendant) applies, if—

(i) the defendant is represented, and

(ii) the defendant’s disorderly conduct makes his or her presence in the courtroom impracticable;

(c) where rule 9.10 (Adult defendant: not guilty plea) or rule 9.11 (Adult defendant: allocation for magistrates’ court trial) applies, if—

(i) the defendant is represented and waives the right to be present, or

(ii) the defendant’s disorderly conduct makes his or her presence in the courtroom impracticable; and

(d) where rule 9.15 (Committal for sentence for offence related to an offence sent for trial) applies, unless—

(i) it appears to the court to be contrary to the interests of justice to do so, and

(ii) the court considers that there is an acceptable reason for the defendant’s absence.

(4) The court may exercise its power to adjourn—

(a) if either party asks; or

(b) on its own initiative.

(5) Where the court on the same occasion deals with two or more offences alleged against the same defendant, the court must deal with those offences in the following sequence—

(a) any to which rule 9.6 applies (Prosecutor’s notice requiring Crown Court trial);

(b) any to which rule 9.7 applies (sending for Crown Court trial, without allocation there), in this sequence—

(i) any the court must send for trial, then

(ii) any the court can send for trial; and

(6) Where the court on the same occasion deals with two or more defendants charged jointly with an offence that can be tried in the Crown Court then in the following sequence—

(a) the court must explain, in terms each defendant can understand (with help, if necessary), that if the court sends one of them to the Crown Court for trial then the court must send for trial in the Crown Court, too, any other of them—

(i) who is charged with the same offence as the defendant sent for trial, or with an offence which the court decides is related to that offence,

(ii) who does not wish to plead guilty to each offence with which he or she is charged, and

(iii) (if that other defendant is under 18, and the court would not otherwise have sent him or her for Crown Court trial) where the court decides that sending is necessary in the interests of justice

even if the court by then has decided to allocate that other defendant for magistrates’ court trial; and

(b) the court may ask the defendants questions to help it decide in what order to deal with them.

(7) After following paragraph (5), if it applies, where the court on the same occasion—

(a) deals with two or more defendants charged jointly with an offence that can be tried in the Crown Court;

(b) allocates any of them to a magistrates’ court for trial; and

the court must deal again with each one whom, on that occasion, it has allocated for magistrates’ court trial.

[Note. See sections 50A, 51, 51A and 52 of the Crime and Disorder Act 1998²⁵⁷and sections 17A, 17B, 17C, 18, 23, 24A, 24B and 24C of the Magistrates’ Courts Act 1980²⁵⁸.

Matters to be specified on sending for trial

9.3

(1) Where the court sends a defendant to the Crown Court for trial, it must specify—

(a) each offence to be tried;

(b) in respect of each, the power exercised to send the defendant for trial for that offence; and

(2) In a case in which the prosecutor serves a notice to which rule 9.6(1)(a) applies (notice requiring Crown Court trial in a case of serious or complex fraud), the court must specify the Crown Court centre identified by that notice.

(3) In any other case, in deciding the Crown Court centre at which the trial will take place, the court must take into account—

(a) the convenience of the parties and witnesses;

(b) how soon a suitable courtroom will be available; and

[Note. See sections 51 and 51D of the Crime and Disorder Act 1998²⁶².]

Duty of justices’ legal adviser

9.4

(1) This rule applies—

(a) only in a magistrates’ court; and

(b) unless the court—

(i) includes a District Judge (Magistrates’ Courts), and

(ii) otherwise directs.

(2) On the court’s behalf, a justices’ legal adviser may—

(a) read the allegation of the offence to the defendant; and

(b) give any explanation and ask any question required by the rules in this Part.

[Note. For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003²⁶³. See also rule 2.12 (Duties of justices’ legal adviser).]

Duty of magistrates’ court officer

9.5

(1) The magistrates’ court officer must—

(a) serve notice of a sending for Crown Court trial on—

(i) the Crown Court officer, and

(ii) the parties;

(b) in that notice record—

(i) the matters specified by the court under rule 9.3 (Matters to be specified on sending for trial),

(ii) any decision by the defendant under rule 9.7 (Sending for Crown Court trial) to require Crown Court trial for low-value shoplifting,

(iii) any indication given by the defendant under rule 9.7 of intended guilty plea,

(iv) any decision by the defendant under rule 9.11 (Adult defendant: allocation to magistrates’ court for trial) to decline magistrates’ court trial,

(v) any opinion stated by the court under rule 9.15 (Committal for sentence for offence related to an offence sent for trial), and

(vi) the date on which any custody time limit will expire;

(d) give the court such other assistance as it requires.

(2) The magistrates’ court officer must include with the notice served on the Crown Court officer—

(a) the initial details of the prosecution case served by the prosecutor under rule 8.2;

(b) a record of any—

(i) listing or case management direction affecting the Crown Court,

(ii) direction about reporting restrictions,

(iii) decision about bail, for the purposes of section 5 of the Bail Act 1976²⁶⁴,

(iv) recognizance given by a surety, or

(v) representation order; and

(i) interpreter,

(ii) intermediary, or

(iii) other supporting adult, where the defendant is assisted by such a person.

[Note. See sections 51 and 51D of the Crime and Disorder Act 1998²⁶⁵,and section 20A of the Magistrates’ Courts Act 1980²⁶⁶.]

SENDING WITHOUT ALLOCATION FOR CROWN COURT TRIAL

Prosecutor’s notice requiring Crown Court trial

9.6

(1) This rule applies where a prosecutor with power to do so requires a magistrates’ court to send for trial in the Crown Court—

(a) a case of serious or complex fraud; or

(b) a case which will involve a child witness.

(2) The prosecutor must serve notice of that requirement—

(a) on the magistrates’ court officer and on the defendant; and

(b) before trial in a magistrates’ court begins under Part 24 (Trial and sentence in a magistrates’ court).

(3) The notice must identify—

(a) the power on which the prosecutor relies; and

(b) the Crown Court centre at which the prosecutor wants the trial to take place.

(4) The prosecutor—

(a) must, when choosing a Crown Court centre, take into account the matters listed in rule 9.3(3) (court deciding to which Crown Court centre to send a case); and

(b) may change the centre identified before the case is sent for trial.

[Note. Under section 51B of the Crime and Disorder Act 1998²⁶⁷, the Director of Public Prosecutions or a Secretary of State may require the court to send a case for trial in the Crown Court if, in that prosecutor’s opinion, the evidence of the offence charged—

(a) is sufficient for the person charged to be put on trial for the offence; and

(b) reveals a case of fraud of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court.

Sending for Crown Court trial

9.7

(1) This rule applies where a magistrates’ court must, or can, send a defendant to the Crown Court for trial without first allocating the case for trial there.

(2) The court must read the allegation of the offence to the defendant.

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

(a) the allegation, unless it is self-explanatory;

(b) that the offence is one for which the court, as appropriate—

(i) must send the defendant to the Crown Court for trial because the offence is one which can only be tried there or because the court for some other reason is required to send that offence for trial,

(ii) may send the defendant to the Crown Court for trial if the magistrates’ court decides that the offence is related to one already sent for trial there, or

(iii) (where the offence is low-value shoplifting and the defendant is 18 or over) must send the defendant to the Crown Court for trial if the defendant wants to be tried there; and

(4) In the following sequence, the court must then—

(a) invite the prosecutor to—

(i) identify the court’s power to send the defendant to the Crown Court for trial for the offence, and

(ii) make representations about any ancillary matters, including bail and directions for the management of the case in the Crown Court;

(b) invite the defendant to make representations about—

(i) the court’s power to send the defendant to the Crown Court, and

(ii) any ancillary matters;

(c) (where the offence is low-value shoplifting and the defendant is 18 or over) offer the defendant the opportunity to require trial in the Crown Court; and

(d) decide whether or not to send the defendant to the Crown Court for trial.

(5) If the court sends the defendant to the Crown Court for trial, it must—

(a) ask whether the defendant intends to plead guilty in the Crown Court and—

(i) if the answer is ‘yes’, make arrangements for the Crown Court to take the defendant’s plea as soon as possible, or

(ii) if the defendant does not answer, or the answer is ‘no’, make arrangements for a case management hearing in the Crown Court; and

(b) give any other ancillary directions.

[Note. See sections 51, 51A and 51E of the Crime and Disorder Act 1998²⁶⁹,and sections 22A and 24A of the Magistrates’ Courts Act 1980²⁷⁰.

ALLOCATION FOR MAGISTRATES’ COURT OR CROWN COURT TRIAL

Adult defendant: request for plea

9.8

(1) This rule applies where—

(a) the defendant is 18 or over; and

(b) the court must decide whether a case is more suitable for trial in a magistrates’ court or in the Crown Court.

(2) The court must read the allegation of the offence to the defendant.

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

(a) the allegation, unless it is self-explanatory;

(b) that the offence is one which can be tried in a magistrates’ court or in the Crown Court;

(d) that if the answer is ‘yes’, then the court must treat that as a guilty plea and must sentence the defendant, or commit the defendant to the Crown Court for sentence;

(e) that if the defendant does not answer, or the answer is ‘no’, then—

(i) the court must decide whether to allocate the case to a magistrates’ court or to the Crown Court for trial,

(ii) the value involved may require the court to order trial in a magistrates’ court (where the offence is one to which section 22 of the Magistrates’ Courts Act 1980²⁷¹ applies), and

(iii) if the court allocates the case to a magistrates’ court for trial, the defendant can nonetheless require trial in the Crown Court (unless the offence is one to which section 22 of the Magistrates’ Courts Act 1980 applies and the value involved requires magistrates’ court trial); and

(f) that reporting restrictions apply, which the defendant may ask the court to vary or remove.

(4) The court must then ask whether the defendant intends to plead guilty.

[Note. See section 17A of the Magistrates’ Courts Act 1980²⁷².

Adult defendant: guilty plea

9.9

(1) This rule applies where—

(a) rule 9.8 applies; and

(b) the defendant indicates an intention to plead guilty.

(2) The court must exercise its power to deal with the case—

(a) as if the defendant had just pleaded guilty at a trial in a magistrates’ court; and

(b) in accordance with rule 24.11 (Procedure if the court convicts).

[Note. See section 17A of the Magistrates’ Courts Act 1980.]

Adult defendant: not guilty plea

9.10

(1) This rule applies where—

(a) rule 9.8 applies; and

(b) the defendant—

(i) indicates an intention to plead not guilty, or

(ii) gives no indication of intended plea.

(2) In the following sequence, the court must then—

(a) where the offence is one to which section 22 of the Magistrates’ Courts Act 1980 applies, explain in terms the defendant can understand (with help, if necessary) that—

(i) if the court decides that the value involved clearly is less than £5,000, the court must order trial in a magistrates’ court,

(ii) if the court decides that it is not clear whether that value is more or less than £5,000, then the court will ask whether the defendant agrees to be tried in a magistrates’ court, and

(iii) if the answer to that question is ‘yes’, then the court must order such a trial and if the defendant is convicted then the maximum sentence is limited;

(b) invite the prosecutor to—

(i) identify any previous convictions of which it can take account, and

(ii) make representations about how the court should allocate the case for trial, including representations about the value involved, if relevant;

(d) where the offence is one to which section 22 of the Magistrates’ Courts Act 1980 applies—

(i) if it is not clear whether the value involved is more or less than £5,000, ask whether the defendant agrees to be tried in a magistrates’ court,

(ii) if the defendant’s answer to that question is ‘yes’, or if that value clearly is less than £5,000, order a trial in a magistrates’ court,

(iii) if the defendant does not answer that question, or the answer is ‘no’, or if that value clearly is more than £5,000, apply paragraph (2)(e); and

(e) exercise its power to allocate the case for trial, taking into account—

(i) the adequacy of a magistrates’ court’s sentencing powers,

(ii) any representations by the parties, and

(iii) any allocation guidelines issued by the Sentencing Council.

[Note. See sections 17A, 18, 19, 22 and 24A of the Magistrates’ Courts Act 1980²⁷⁴.

Adult defendant: allocation for magistrates’ court trial

9.11

(1) This rule applies where—

(a) rule 9.10 applies; and

(b) the court allocates the case to a magistrates’ court for trial.

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

(a) the court considers the case more suitable for trial in a magistrates’ court than in the Crown Court;

(b) if the defendant is convicted at a magistrates’ court trial, then in some circumstances the court may commit the defendant to the Crown Court for sentence;

(c) if the defendant does not agree to a magistrates’ court trial, then the court must send the defendant to the Crown Court for trial; and

(d) before deciding whether to accept magistrates’ court trial, 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 at such a trial, but the court need not give such an indication.

(3) If the defendant asks for such an indication of sentence and the court gives such an indication—

(a) the court must then ask again whether the defendant intends to plead guilty;

(b) if, in answer to that question, the defendant indicates an intention to plead guilty, then the court must exercise its power to deal with the case—

(i) as if the defendant had just pleaded guilty to an offence that can be tried only in a magistrates’ court, and

(ii) in accordance with rule 24.11 (Procedure if the court convicts); and

(c) if, in answer to that question, the defendant indicates an intention to plead not guilty, or gives no indication of intended plea, in the following sequence the court must then—

(i) ask whether the defendant agrees to trial in a magistrates’ court,

(ii) if the defendant’s answer to that question is ‘yes’, order such a trial, and

(iii) if the defendant does not answer that question, or the answer is ‘no’, apply rule 9.14.

(4) If the defendant asks for an indication of sentence but the court gives none, or if the defendant does not ask for such an indication, in the following sequence the court must then—

(a) ask whether the defendant agrees to trial in a magistrates’ court;

(b) if the defendant’s answer to that question is ‘yes’, order such a trial; and

[Note. See section 20 of the Magistrates’ Courts Act 1980²⁷⁶.

Adult defendant: prosecutor’s application for Crown Court trial

9.12

(1) This rule applies where—

(a) rule 9.11 applies;

(b) the defendant agrees to trial in a magistrates’ court; but

(2) The prosecutor must—

(a) apply before trial in a magistrates’ court begins under Part 24 (Trial and sentence in a magistrates’ court); and

(b) notify—

(i) the defendant, and

(ii) the magistrates’ court officer.

(3) The court must determine an application to which this rule applies before it deals with any other pre-trial application.

[Note. See sections 8A and 25 of the Magistrates’ Courts Act 1980²⁷⁹. Under section 25(2B), the court may grant an application to which this rule applies only if it is satisfied that the sentence which a magistrates’ court would have power to impose would be inadequate.]

Young defendant

9.13

(1) This rule applies where—

(a) the defendant is under 18; and

(b) the court must decide whether to send the defendant for Crown Court trial instead of ordering trial in a youth court.

(2) The court must read the allegation of the offence to the defendant.

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

(a) the allegation, unless it is self-explanatory;

(b) that the offence is one which can be tried in the Crown Court instead of in a youth court;

(d) that if the answer is ‘yes’, then the court must treat that as a guilty plea and must sentence the defendant, or commit the defendant to the Crown Court for sentence;

(e) that if the defendant does not answer, or the answer is ‘no’, then the court must decide whether to send the defendant for Crown Court trial instead of ordering trial in a youth court;

(f) that before answering and at any time until the court decides whether to send the defendant for Crown Court trial or order trial in a youth court—

(i) 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

(ii) the court need not give such an indication; and

(g) that reporting restrictions apply, which the defendant may ask the court to vary or remove.

(4) The defendant may then ask the court for such an indication of sentence.

(5) Whether the defendant asks for and the court gives such an indication or not, the court must then ask whether the defendant intends to plead guilty.

(6) If the defendant’s answer to that question is ‘yes’, the court must exercise its power to deal with the case—

(a) as if the defendant had just pleaded guilty at a trial in a youth court; and

(b) in accordance with rule 24.11 (Procedure if the court convicts).

(7) If the defendant does not answer that question, or the answer is ‘no’, in the following sequence the court must then—

(a) invite the prosecutor to make representations about whether Crown Court or youth court trial is more appropriate;

(b) invite the defendant to make such representations; and

(i) the offence and the circumstances of the offence,

(ii) the suitability of a youth court’s sentencing powers,

(iii) where the defendant is jointly charged with an adult, whether it is necessary in the interests of justice for them to be tried together in the Crown Court, and

(iv) any representations by the parties.

[Note. See section 24A of the Magistrates’ Courts Act 1980²⁸⁰.

Allocation and sending for Crown Court trial

9.14

(1) This rule applies where—

(a) under rule 9.10 or rule 9.13, the court allocates the case to the Crown Court for trial;

(b) under rule 9.11, the defendant does not agree to trial in a magistrates’ court; or

(2) In the following sequence, the court must—

(a) invite the prosecutor to make representations about any ancillary matters, including bail and directions for the management of the case in the Crown Court;

(b) invite the defendant to make any such representations; and

(i) send the defendant to the Crown Court for trial, and

(ii) give any ancillary directions.

[Note. See sections 21 and 24A of the Magistrates’ Courts Act 1980²⁸²and section 51 of the Crime and Disorder 1998²⁸³. See also rule 9.3 (matters to be specified on sending for trial).]

COMMITTAL FOR SENTENCE IN CONNECTION WITH SENDING FOR TRIAL

9.15

(1) This rule applies where—

(a) on a previous occasion the court has sent the defendant to the Crown Court for trial for an offence in exercise of a power to which rule 9.7, 9.13 or 9.14 applies;

(b) on the present occasion, under rule 9.9 or 9.13 the defendant indicates an intention to plead guilty to, and is convicted of, an offence which the court decides is related to the offence for which the defendant was previously sent for trial;

(i) section 18 of the Sentencing Act 2020²⁸⁴, if the defendant is over 18, or

(ii) section 19 of the 2020 Act²⁸⁵, if the defendant is under 18; and

(d) in the court’s opinion, if it were not committing the defendant for sentence under section 18 or 19 of the 2020 Act then it could, or would be required to, commit the defendant to the Crown Court for sentence for the related offence under—

(i) section 14 or 15 of that Act, if the defendant is over 18, or

(ii) section 16, 16A or 17 of that Act²⁸⁶, if the defendant is under 18.

(2) The court must state that opinion for the Crown Court.

[Note. See sections 18(4) and 19(3) of the Sentencing Act 2020 for the court’s powers to state the opinion to which this rule refers.

SENDING BACK, ETC. FOR MAGISTRATES’ COURT TRIAL

Sending back or referring case for magistrates’ court trial

9.16

(1) This rule applies where a magistrates’ court sends the defendant to the Crown Court for trial and—

(a) under section 46ZA of the Senior Courts Act 1981²⁸⁹, the Crown Court can send the defendant back to a magistrates’ court for trial for a summary offence or for an offence triable either way; or

(b) under paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998²⁹⁰, where a summary offence remains outstanding the Crown Court must so inform the magistrates’ court.

(2) Where paragraph (1)(a) applies—

(a) the Crown Court may exercise its power to send back—

(i) at a hearing, in public or in private, or without a hearing,

(ii) in the defendant’s absence, but only if the defendant consents to being absent on its exercise, and

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