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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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(1) This rule applies where the court imposes as a condition of bail a requirement for—

(a) a surety;

(b) a payment; or

(2) The court may direct how such a condition must be met.

(3) Unless the court otherwise directs, if any such condition or direction requires a surety to enter into a recognizance—

(a) the recognizance must specify—

(i) the amount that the surety will be required to pay if the purpose for which the recognizance is entered is not fulfilled, and

(ii) the date, or the event, upon which the recognizance will expire;

(b) the surety must enter into the recognizance in the presence of—

(i) the court officer,

(ii) the defendant’s custodian, where the defendant is in custody, or

(iii) someone acting with the authority of either; and

(i) the surety, and

(ii) as appropriate, the court officer and the defendant’s custodian.

(4) Unless the court otherwise directs, if any such condition or direction requires someone to make a payment, or surrender a document or thing—

(a) that payment, document or thing must be made or surrendered to—

(i) the court officer,

(ii) the defendant’s custodian, where the defendant is in custody, or

(iii) someone acting with the authority of either; and

(b) the court officer or the custodian, as appropriate, must serve immediately on the other a statement that the payment, document or thing has been made or surrendered.

(5) The custodian must release the defendant when each requirement ordered by the court has been met.

[Note. See also section 119 of the Magistrates’ Courts Act 1980³⁶⁷.]

Forfeiture of a recognizance given by a surety

14.15

(1) This rule applies where the court imposes as a condition of bail a requirement that a surety enter into a recognizance and, after the defendant is released on bail,—

(a) the defendant fails to surrender to custody as required, or

(b) it appears to the court that the surety has failed to comply with a condition or direction.

(2) The court officer must serve notice on—

(a) the surety; and

(b) each party to the decision to grant bail,

of the hearing at which the court will consider the forfeiture of the recognizance.

(3) The court must not forfeit the recognizance less than 5 business days after service of notice under paragraph (2).

[Note. If the purpose for which a recognizance is entered is not fulfilled, that recognizance may be forfeited by the court. If the court forfeits a surety’s recognizance, the sum promised by that person is then payable to the Crown. See also section 120 of the Magistrates’ Courts Act 1980³⁶⁸.]

Notice of arrest for breach of bail

14.16

(1) This rule and rule 14.17 (Arrangements for court to receive defendant arrested for breach of bail) apply where—

(a) a defendant arrested for breach of bail must be brought before a court under section 7 of the Bail Act 1976³⁶⁹ (Liability to arrest for absconding or breaking conditions of bail); 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) details of—

(i) the warrant under which the defendant was arrested, or

(ii) the reasons for an arrest without a warrant;

(d) 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;

(e) 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

(f) 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. The court may issue a warrant for the defendant’s arrest—

(a) under section 7(1) of the Bail Act 1976 where the defendant was released on bail under a duty to surrender into the custody of the court and fails to do so when required; or

(b) under section 7(2) of the Act where the defendant was released on bail, surrenders into the custody of the court, and then leaves without the court’s permission before the hearing begins or resumes.

Arrangements for court to receive defendant arrested for breach of bail

14.17

(1) The court officer must arrange for a defendant of whose arrest the police custody officer gives notice under rule 14.16 (Notice of arrest for breach of bail)—

(a) if the arrest was under a Crown Court warrant, to be brought at once before—

(i) the Crown Court, if the defendant is charged with murder or with murder and one or more other offences, or

(ii) if the defendant is not so charged, the Crown Court as a general rule and otherwise a magistrates’ court;

(b) if the arrest was under a magistrates’ court warrant, to be brought as soon as practicable before a magistrates’ court; and

(c) if the arrest was without a warrant, subject to paragraph (2) to be brought as soon as practicable before a magistrates’ court—

(i) by 3.30pm that day if that day is a business day,

(ii) by 12.30pm that day if that day is a Saturday or a bank holiday,

(iii) in either case, later if, but only if, a disability or vulnerability of the defendant so requires, and in any event

(iv) within 24 hours after the arrest (but omitting from that period any part of a day which is Christmas Day, Good Friday or a Sunday).

(2) Where a defendant of whose arrest the police custody officer gives notice under rule 14.16 was arrested without a warrant—

(a) if the arrest was within 24 hours of the time at which that defendant was due to surrender into the custody of a court then the court officer must arrange for the defendant to be brought before that court; and

(b) if the defendant is charged with murder or with murder and one or more other offences then—

(i) the court officer must arrange for the defendant to be brought before the Crown Court as soon as practicable and in any event within 24 hours after the arrest (but omitting from that period any part of a day which is not a business day), and

(ii) in paragraph (3) the reference to justices’ legal advisers is omitted.

(3) 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).

(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 (3)(a).

(5) The court before which the defendant is brought under this rule must—

(a) deal there and then with the alleged breach of bail; and

(b) as far as is practicable take the next steps required in the defendant’s case in accordance with rule 3.8 (Case preparation and progression).

EXTENSION OF BAIL BEFORE CHARGE

Exercise of court’s powers: extension of pre-charge bail

14.18

(1) The court must determine an application to which rule 14.19 (Application to authorise extension of pre-charge bail) applies—

(a) without a hearing, subject to paragraph (2); and

(b) as soon as practicable, but as a general rule no sooner than the fifth business day after the application was served.

(2) The court must determine an application at a hearing where—

(a) if the application succeeds, its effect will be to extend the period for which the defendant is on bail to 24 months or less from the day after the defendant’s arrest for the offence and the court considers that the interests of justice require a hearing;

(b) if the application succeeds, its effect will be to extend that period to more than 24 months from that day and the applicant or the defendant asks for a hearing; or

(c) it is an application to withhold information from the defendant and the court considers that the interests of justice require a hearing.

(3) Any hearing must be in private.

(4) Subject to rule 14.20 (Application to withhold information from the defendant), at a hearing the court may determine an application in the absence of—

(a) the applicant; and

(b) the defendant, if the defendant has had at least 5 business days in which to make representations.

(5) If the court so directs, a party to an application may attend a hearing by live link.

(6) The court must not authorise an extension of the period for which a defendant is on bail before being charged unless—

(a) the applicant states, in writing or orally, that to the best of the applicant’s knowledge and belief—

(i) the application discloses all the information that is material to what the court must decide, and

(ii) the content of the application is true; or

(b) the application includes a statement by an investigator of the suspected offence that to the best of that investigator’s knowledge and belief those requirements are met.

(7) Where the statement required by paragraph (6) 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) The court may shorten or extend (even after it has expired) a time limit imposed by this rule or by rule 14.19 (Application to authorise extension of pre-charge bail).

[Note. For the definition of ‘defendant’ for the purposes of this rule and rules 14.19 and 14.20, see rule 14.1(3).

Application to authorise extension of pre-charge bail

14.19

(1) This rule applies where an applicant wants the court to authorise an extension of the period for which a defendant is released on bail before being charged with an offence.

(2) The applicant must—

(a) apply in writing before the date on which the defendant’s pre-charge bail is due to end;

(b) demonstrate that the applicant is entitled to apply as a constable, an officer of Revenue and Customs, a National Crime Agency officer, a member of staff of the Financial Conduct Authority, a member of the Serious Fraud Office or a Crown Prosecutor;

(i) the court officer, and

(ii) the defendant; and

(d) serve on the defendant, with the application, a form of response notice for the defendant’s use.

(3) The application must specify—

(a) the offence or offences for which the defendant was arrested;

(b) the date on which the defendant’s pre-charge bail began;

(d) the date on which that bail is due to end;

(e) the conditions of that bail; and

(f) if different, the bail conditions which are to be imposed if the court authorises an extension, or further extension, of the period for which the defendant is released on pre-charge bail.

(4) The application must explain—

(a) the grounds for believing that, as applicable—

(i) further investigation is needed of any matter in connection with the offence or offences for which the defendant was released on bail, or

(ii) further time is needed for making a decision as to whether to charge the defendant with that offence or those offences;

(b) the grounds for believing that, as applicable—

(i) the investigation into the offence or offences for which the defendant was released on bail is being conducted diligently and expeditiously, or

(ii) the decision as to whether to charge the defendant with that offence or those offences is being made diligently and expeditiously; and

(c) the grounds for believing that the defendant’s further release on bail is necessary and proportionate in all the circumstances having regard, in particular, to any conditions of bail imposed.

(5) The application must—

(a) indicate whether the applicant wants the court to authorise an extension of the defendant’s bail for 3 months or for 6 months; and

(b) if for 6 months, explain why the investigation is unlikely to be completed or the charging decision made, as the case may be, within 3 months.

(6) The application must explain why it was not made earlier where—

(a) the application is made before the date on which the defendant’s bail is due to end; but

(b) it is not likely to be practicable for the court to determine the application before that date.

(7) A defendant who objects to the application must—

(a) serve notice on—

(i) the court officer, and

(ii) the applicant

not more than 5 business days after service of the application; and

(b) in the notice explain the grounds of the objection.

[Note. See sections 47ZF (Applicable bail period: first extension of limit by the court), 47ZG (Applicable bail period: subsequent extensions of limit by the court) and 47ZJ (Sections 47ZF and 47ZG: late applications to magistrates’ court) of the Police and Criminal Evidence Act 1984³⁸⁰.

Application to withhold information from the defendant

14.20

(1) This rule applies where an application to authorise an extension of pre-charge bail includes an application to withhold information from the defendant.

(2) The applicant must—

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

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

(c) in that other part, explain the grounds for believing that the disclosure of that information would have one or more of the following results—

(i) evidence connected with an indictable offence would be interfered with or harmed,

(ii) a person would be interfered with or physically injured,

(iii) a person suspected of having committed an indictable offence but not yet arrested for the offence would be alerted, or

(iv) the recovery of property obtained as a result of an indictable offence would be hindered.

(3) At any hearing of an application to which this rule applies—

(a) the court must first determine the application to withhold information, in the defendant’s absence and that of any legal representative of the defendant; and

(b) if the court allows the application to withhold information, then in the following sequence—

(i) the court must consider representations first by the applicant and then by the defendant, in the presence of both, and

(ii) the court may consider further representations by the applicant in the defendant’s absence and that of any legal representative of the defendant, if satisfied that there are reasonable grounds for believing that information withheld from the defendant would be disclosed during those further representations.

(4) If the court refuses an application to withhold information from the defendant, the applicant may withdraw the application to authorise an extension of pre-charge bail.

[Note. See sections 47ZH and 47ZI(5), (6), (8) of the Police and Criminal Evidence Act 1984³⁸¹(withholding sensitive information; proceedings in magistrates’ courts: determination of applications to withhold sensitive information).]

CUSTODY TIME LIMITS

Application to extend a custody time limit

14.21

(1) This rule applies where the prosecutor gives notice of application to extend a custody time limit.

(2) The court officer must arrange for the court to hear that application as soon as practicable after the expiry of—

(a) 5 days from the giving of notice, in the Crown Court; or

(b) 2 days from the giving of notice, in a magistrates’ court.

(3) The court may shorten a time limit under this rule.

[Note. See regulation 7 of the Prosecution of Offences (Custody Time Limits) Regulations 1987³⁸².

Appeal against custody time limit decision

14.22

(1) This rule applies where—

(a) a defendant wants to appeal to the Crown Court against a decision by a magistrates’ court to extend a custody time limit; or

(b) a prosecutor wants to appeal to the Crown Court against a decision by a magistrates’ court to refuse to extend a custody time limit.

(2) The appellant must serve an appeal notice—

(a) on—

(i) the other party to the decision,

(ii) the Crown Court officer, and

(iii) the magistrates’ court officer;

(b) in a defendant’s appeal, as soon as practicable after the decision under appeal; and

(i) as soon as practicable after the decision under appeal, and

(ii) before the relevant custody time limit expires.

(3) The appeal notice must specify—

(a) each offence with which the defendant is charged;

(b) the decision under appeal;

(d) on a defendant’s appeal, the date on which the relevant custody time limit would have expired but for the decision under appeal; and

(e) the grounds of appeal.

(4) The Crown Court officer must arrange for the Crown Court to hear the appeal as soon as practicable and in any event no later than the second business day after the appeal notice was served.

(5) The appellant—

(a) may abandon an appeal without the Crown Court’s permission, by serving a notice of abandonment, signed by or on behalf of the appellant, on—

(i) the other party,

(ii) the Crown Court officer, and

(iii) the magistrates’ court officer

before the hearing of the appeal begins; but

(b) after the hearing of the appeal begins, may only abandon the appeal with the Crown Court’s permission.

[Note. See section 22(7), (8), (9) of the Prosecution of Offences Act 1985³⁸⁵.]

PART 15 — DISCLOSURE

*Contents of this Part*

When this Part applies	rule 15.1
Prosecution disclosure and disclosure management	rule 15.2
Prosecutor’s application for public interest ruling	rule 15.3
Defence disclosure	rule 15.4
Defendant’s application for prosecution disclosure	rule 15.5
Review of public interest ruling	rule 15.6
Defendant’s application to use disclosed material	rule 15.7
Unauthorised use of disclosed material	rule 15.8
Court’s power to vary requirements under this Part	rule 15.9

When this Part applies

15.1

This Part applies in a magistrates’ court and in the Crown Court—

(a) where Parts I and II of the Criminal Procedure and Investigations Act 1996 apply³⁹³; and

(b) where any comparable disclosure obligation applies otherwise than under the 1996 Act.

[Note. The Criminal Procedure and Investigations Act 1996 came into force on 1st April, 1997. It does not apply where the investigation began before that date. With effect from 4th April, 2005, the Criminal Justice Act 2003 made changes to the 1996 Act that do not apply to investigations begun earlier. In some circumstances, the prosecutor may be required to disclose material to which the 1996 Act does not apply: see sections 1 and 21³⁹⁴.

Prosecution disclosure and disclosure management

15.2

(1) This rule applies where any of the following occurs—

(a) under section 3 of the Criminal Procedure and Investigations Act 1996³⁹⁶ (Initial duty of prosecutor to disclose), or under any comparable obligation that applies where that section does not, the prosecutor—

(i) discloses to the defendant any prosecution material that might reasonably be considered capable of undermining the case for the prosecution against the defendant or of assisting the case for the defendant (in this rule, “gives initial disclosure”), or

(ii) gives the defendant a statement that there is no such material;

(b) under section 7A of the 1996 Act³⁹⁷ (Continuing duty of prosecutor to disclose), or under any comparable obligation that applies where that section does not, the prosecutor discloses any further such material; or

(i) describes the prosecutor’s approach to discharging the prosecution obligations to which this Part applies; and

(ii) gives the reasons for that approach.

(2) The prosecutor must discharge the prosecution obligations to which this Part applies as soon as is reasonably practicable.

(3) At the same time as the prosecutor discloses material to which this rule refers, or gives the defendant a statement that there is no, or no further, such material, the prosecutor must serve on the court officer notice to that effect.

(4) At the same time as the prosecutor serves on the defendant a disclosure management document, or revised such document, the prosecutor must serve that document on the court officer.

(5) As soon as is reasonably practicable after the prosecutor serves a disclosure management document, or revised such document, the defendant must—

(a) make such observations on the content of that document as the defendant wants the court to take into account when giving directions for the preparation of the case for trial; and

(b) serve any such observations on—

(i) the prosecutor, and

(ii) the court officer.

[Note. See—

(a) sections 2 and 3 of the Criminal Procedure and Investigations Act 1996, which define material and prescribe how and in what circumstances it must be disclosed; and

(b) sections 12 and 13 of the 1996 Act³⁹⁸, and paragraph 10 of the Code of Practice accompanying the Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2015³⁹⁹,which provide for the time limits for prosecution disclosure.

Prosecutor’s application for public interest ruling

15.3

(1) This rule applies where—

(a) without a court order, the prosecutor would have to disclose material; and

(b) the prosecutor wants the court to decide whether it would be in the public interest to disclose it.

(2) The prosecutor must—

(a) apply in writing for such a decision; and

(b) serve the application on—

(i) the court officer,

(ii) any person who the prosecutor thinks would be directly affected by disclosure of the material, and

(iii) the defendant, but only to the extent that serving it on the defendant would not disclose what the prosecutor thinks ought not be disclosed.

(3) The application must—

(a) describe the material, and explain why the prosecutor thinks that—

(i) it is material that the prosecutor would have to disclose,

(ii) it would not be in the public interest to disclose that material, and

(iii) no measure such as the prosecutor’s admission of any fact, or disclosure by summary, extract or edited copy, adequately would protect both the public interest and the defendant’s right to a fair trial;

(b) omit from any part of the application that is served on the defendant anything that would disclose what the prosecutor thinks ought not be disclosed (in which case, paragraph (4) of this rule applies); and

(4) Where the prosecutor serves only part of the application on the defendant, the prosecutor must—

(a) mark the other part, to show that it is only for the court; and

(b) in that other part, explain why the prosecutor has withheld it from the defendant.

(5) Unless already done, the court may direct the prosecutor to serve an application on—

(a) the defendant; and

(b) any other person who the court considers would be directly affected by the disclosure of the material.

(6) The court must determine the application at a hearing which—

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

(b) if the court so directs, may take place, wholly or in part, in the defendant’s absence.

(7) At a hearing at which the defendant is present—

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

(i) representations first by the prosecutor and any other person served with the application, and then by the defendant, in the presence of them all, and then

(ii) further representations by the prosecutor and any such other person in the defendant’s absence; but

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

(8) The court may only determine the application if satisfied that it has been able to take adequate account of—

(a) such rights of confidentiality as apply to the material; and

(b) the defendant’s right to a fair trial.

(9) Unless the court otherwise directs, the court officer—

(a) must not give notice to anyone other than the prosecutor—

(i) of the hearing of an application under this rule, unless the prosecutor served the application on that person, or

(ii) of the court’s decision on the application; and

(b) may—

(i) keep a written application or representations, or

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

[Note. The prosecutor must not disclose material that the court orders it would not be in the public interest to disclose: see sections 3(6), 7(6) and 7A(8) of the Criminal Procedure and Investigations Act 1996.

Defence disclosure

15.4

(1) This rule applies where the defendant pleads not guilty and—

(a) may give a defence statement in a magistrates’ court under section 6 of the Criminal Procedure and Investigations Act 1996⁴⁰²; or

(b) must give—

(i) a defence statement in the Crown Court under section 5 of the 1996 Act⁴⁰³; or

(ii) a defence witness notice in either court under section 6C of the 1996 Act⁴⁰⁴.

(2) In a magistrates’ court a defendant who wants to give a defence statement must do so not more than 14 days after the prosecutor gives initial disclosure under rule 15.2 (Prosecution disclosure and disclosure management) or gives the defendant a statement that there is no such material.

(3) In the Crown Court the defendant must give a defence statement—

(a) if the prosecutor has served on the defendant under rule 3.19 (Service of prosecution evidence) copies of the documents containing the evidence on which the prosecution case relies; and

(b) not more than 28 days after the prosecutor gives initial disclosure under rule 15.2 or gives the defendant a statement that there is no such material.

(4) In either court the defendant must give a defence witness notice—

(a) within the time for giving a defence statement in that court; and

(b) whether the defendant gives a defence statement or not.

(5) If the time for giving a defence statement expires on a day that is not a business day then the time expires on the next business day.

(6) A defendant gives a defence statement or defence witness notice by serving it on—

(a) the court officer; and

(b) the prosecutor.

[Note. Under section 6A of the Criminal Procedure and Investigations Act 1996⁴⁰⁵a defence statement must—

(a) set out the nature of the defence, including any particular defences on which the defendant intends to rely;

(b) indicate the matters of fact on which the defendant takes issue with the prosecutor, and, in respect of each, explain why;

(d) indicate any point of law that the defendant wants to raise, including any point about the admissibility of evidence or about abuse of process, and any authority relied on; and

(e) if the defence statement discloses an alibi, give particulars, including—

(i) the name, address and date of birth of any witness whom the defendant believes can give evidence in support (that is, evidence that the defendant was in a place, at a time, inconsistent with having committed the offence),

(ii) where the defendant does not know any of those details, any information that might help identify or find that witness.

Defendant’s application for prosecution disclosure

15.5

(1) This rule applies where the defendant—

(a) has given a defence statement under rule 15.4 (Defence disclosure); and

(b) wants the court to require the prosecutor to disclose material.

(2) The defendant must serve an application on—

(a) the court officer; and

(b) the prosecutor.

(3) The application must—

(a) describe the material that the defendant wants the prosecutor to disclose;

(b) explain why the defendant thinks there is reasonable cause to believe that—

(i) the prosecutor has that material, and

(ii) it is material that the Criminal Procedure and Investigations Act 1996 requires the prosecutor to disclose; and

(4) The court may determine an application under this rule—

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

(b) without a hearing.

(5) The court must not require the prosecutor to disclose material unless the prosecutor—

(a) is present; or

(b) has had at least 10 business days in which to make representations.

[Note. Under section 8 of the Criminal Procedure and Investigations Act 1996⁴¹⁰, a defendant may apply for prosecution disclosure only if the defendant has given a defence statement.]

Review of public interest ruling

15.6

(1) This rule applies where the court has ordered that it is not in the public interest to disclose material that the prosecutor otherwise would have to disclose, and—

(a) the defendant wants the court to review that decision; or

(b) the Crown Court reviews that decision on its own initiative.

(2) Where the defendant wants the court to review that decision, the defendant must—

(a) serve an application on—

(i) the court officer, and

(ii) the prosecutor; and

(b) in the application—

(i) describe the material that the defendant wants the prosecutor to disclose, and

(ii) explain why the defendant thinks it is no longer in the public interest for the prosecutor not to disclose it.

(3) The prosecutor must serve any such application on any person who the prosecutor thinks would be directly affected if that material were disclosed.

(4) The prosecutor, and any such person, must serve any representations on—

(a) the court officer; and

(b) the defendant, unless to do so would in effect reveal something that either thinks ought not be disclosed.

(5) The court may direct—

(a) the prosecutor to serve any such application on any person who the court considers would be directly affected if that material were disclosed; and

(b) the prosecutor and any such person to serve any representations on the defendant.

(6) The court must review a decision to which this rule applies at a hearing which—

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

(b) if the court so directs, may take place, wholly or in part, in the defendant’s absence.

(7) At a hearing at which the defendant is present—

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

(i) representations first by the defendant, and then by the prosecutor and any other person served with the application, in the presence of them all, and then

(ii) further representations by the prosecutor and any such other person in the defendant’s absence; but

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

(8) The court may only conclude a review if satisfied that it has been able to take adequate account of—

(a) such rights of confidentiality as apply to the material; and

(b) the defendant’s right to a fair trial.

[Note. The court’s power to review a public interest ruling is provided for by sections 14 and 15 of the Criminal Procedure and Investigations Act 1996⁴¹¹. Under section 14 of the Act, a magistrates’ court may reconsider an order for non-disclosure only if a defendant applies. Under section 15, the Crown Court may do so on an application, or on its own initiative.

Defendant’s application to use disclosed material

15.7

(1) This rule applies where a defendant wants the court’s permission to use disclosed prosecution material—

(a) otherwise than in connection with the case in which it was disclosed; or

(b) beyond the extent to which it was displayed or communicated publicly at a hearing.

(2) The defendant must serve an application on—

(a) the court officer; and

(b) the prosecutor.

(3) The application must—

(a) specify what the defendant wants to use or disclose; and

(b) explain why.

(4) The court may determine an application under this rule—

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

(b) without a hearing.

(5) The court must not permit the use of such material unless—

(a) the prosecutor has had at least 20 business days in which to make representations; and

(b) the court is satisfied that it has been able to take adequate account of any rights of confidentiality that may apply to the material.

[Note. The court’s power to allow a defendant to use disclosed material is provided for by section 17 of the Criminal Procedure and Investigations Act 1996⁴¹².

Unauthorised use of disclosed material

15.8

(1) This rule applies where a person is accused of using disclosed prosecution material in contravention of section 17 of the Criminal Procedure and Investigations Act 1996.

(2) A party who wants the court to exercise its power to punish that person for contempt of court must comply with the rules in Part 48 (Contempt of court).

(3) The court must not exercise its power to forfeit material used in contempt of court unless—

(a) the prosecutor; and

(b) any other person directly affected by the disclosure of the material,

is present, or has had at least 10 business days in which to make representations.

[Note. Under section 17 of the Criminal Procedure and Investigations Act 1996, a defendant may use disclosed prosecution material—

(a) in connection with the case in which it was disclosed, including on an appeal;

(b) to the extent to which it was displayed or communicated publicly at a hearing in public; or

Court’s power to vary requirements under this Part

15.9

The court may—

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

(b) extend (before it expires) a time limit to which rule 15.4 (Defence disclosure) refers, under regulation 3 of the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011⁴¹³;

(c) allow a defence statement, or a defence witness notice, to be in a different written form to one issued under the Practice Direction, as long as it contains what the Criminal Procedure and Investigations Act 1996 requires;

(d) allow an application under this Part to be in a different form to one issued under the Practice Direction, or to be presented orally; and

(e) specify the period within which—

(i) any application under this Part must be made, or

(ii) any material must be disclosed, on an application to which rule 15.5 applies (Defendant’s application for prosecution disclosure).

PART 16 — WRITTEN WITNESS STATEMENTS

*Contents of this Part*

When this Part applies	rule 16.1
Content of written witness statement	rule 16.2
Reference to exhibit	rule 16.3
Written witness statement in evidence	rule 16.4

When this Part applies

16.1

This Part applies where a party wants to introduce a written witness statement in evidence under section 9 of the Criminal Justice Act 1967⁴¹⁴.

[Note. Under section 9 of the Criminal Justice Act 1967, if the conditions specified in that section are met the written statement of a witness is admissible in evidence to the same extent as if that witness gave evidence in person.]

Content of written witness statement

16.2

The statement must contain—

(a) at the beginning—

(i) the witness’ name, and

(ii) the witness’ age, if under 18;

(b) a declaration by the witness that—

(i) it is true to the best of the witness’ knowledge and belief, and

(ii) the witness knows that if it is introduced in evidence, then it would be an offence wilfully to have stated in it anything that the witness knew to be false or did not believe to be true;

(c) if the witness cannot read the statement, a signed declaration by someone else that that person read it to the witness; and

(d) the witness’ signature.

Reference to exhibit

16.3

Where the statement refers to a document or object as an exhibit, it must identify that document or object clearly.

[Note. See section 9(7) of the Criminal Justice Act 1967⁴¹⁵.]

Written witness statement in evidence

16.4

(1) A party who wants to introduce in evidence a written witness statement must—

(a) before the hearing at which that party wants to introduce it, serve a copy of the statement on—

(i) the court officer, and

(ii) each other party; and

(b) at or before that hearing, serve on the court officer the statement or an authenticated copy.

(2) If that party relies on only part of the statement, that party must mark the copy in such a way as to make that clear.

(3) A prosecutor must serve on a defendant, with the copy of the statement, a notice—

(a) of the right to object to the introduction of the statement in evidence instead of the witness giving evidence in person;

(b) of the time limit for objecting under this rule; and

(i) can nonetheless require the witness to give evidence in person, but

(ii) may decide not to do so.

(4) A party served with a written witness statement who objects to its introduction in evidence must—

(a) serve notice of the objection on—

(i) the party who served it, and

(ii) the court officer; and

(b) serve the notice of objection not more than 7 business days after after service of the statement unless—

(i) the court extends that time limit, before or after the statement was served,

(ii) rule 24.8 (Written guilty plea: special rules) applies, in which case the time limit is the later of 7 business days after service of the statement or 5 business days before the hearing date, or

(iii) rule 24.9 (Single justice procedure: special rules) applies, in which case the time limit is 15 business days after service of the statement.

(5) The court may exercise its power to require the witness to give evidence in person—

(a) on application by any party; or

(b) on its own initiative.

(6) A party entitled to receive a copy of a statement may waive that entitlement by so informing—

(a) the party who would have served it; and

(b) the court.

[Note. Under section 9(2A) of the Criminal Justice Act 1967⁴¹⁶, Criminal Procedure Rules may prescribe the period within which a party served with a written witness statement must object to its introduction in evidence, subject to a minimum period of 7 days from its service.

PART 17 — WITNESS SUMMONSES, WARRANTS AND ORDERS

*Contents of this Part*

When this Part applies	rule 17.1
Issue etc. of summons, warrant or order	rule 17.2
Application for summons, warrant or order: general rules	rule 17.3
Written application: form and service	rule 17.4
Application for summons to produce a document, etc.:
special rules	rule 17.5
Application for summons to produce a document, etc.:
court’s assessment of relevance and confidentiality	rule 17.6
Application to withdraw a summons, warrant or order	rule 17.7
Taking a deposition in a magistrates’ court	rule 17.8
Court’s power to vary requirements under this Part	rule 17.9

When this Part applies

17.1

This Part applies in magistrates’ courts and in the Crown Court where—

(a) a party wants the court to issue a witness summons, warrant or order under—

(i) section 97 of the Magistrates’ Courts Act 1980⁴¹⁸,

(ii) paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998⁴¹⁹,

(iii) section 2 or section 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965⁴²⁰, or

(iv) section 7 of the Bankers’ Books Evidence Act 1879⁴²¹;

(b) the court considers the issue of such a summons, warrant or order on its own initiative as if a party had applied; or

[Note. A magistrates’ court may require the attendance of a witness to give evidence or to produce in evidence a document or thing by a summons, or in some circumstances a warrant for the witness’ arrest, under section 97 of the Magistrates’ Courts Act 1980 or under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998. The Crown Court may do so under section 2, 2D or 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965⁴²².

Issue etc. of summons, warrant or order

17.2

(1) The court may issue or withdraw a witness summons, warrant or order—

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

(b) without a hearing.

(2) A summons or warrant issued under section 97 of the Magistrates’ Courts Act 1980 or under section 2 or 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965 must specify—

(a) the time and place at which the witness must attend the court to give evidence; and

(b) any document or thing that the witness then must produce.

(3) A warrant issued under section 97 of the 1980 Act may specify a period, not exceeding one month, for which the witness may be committed to custody for refusal without just excuse—

(a) to give evidence; or

(b) to produce any document or thing required.

(4) A summons or warrant issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998—

(a) must specify—

(i) the time and place at which the witness must attend the court to have evidence taken as a deposition, and

(ii) any document or other exhibit that the witness then must produce; and

(b) may specify a period, not exceeding one month, for which the witness may be committed to custody for refusal without just excuse—

(i) to have evidence taken as a deposition, or

(ii) to produce any such document or other exhibit.

[Note. If rule 17.5 applies, a person served with an application for a witness summons will have an opportunity to make representations about whether there should be a hearing of that application before the witness summons is issued.

Application for summons, warrant or order: general rules

17.3

(1) A party who wants the court to issue a witness summons, warrant or order must apply as soon as practicable after becoming aware of the grounds for doing so.

(2) A party applying for a witness summons or warrant must—

(a) identify the proposed witness;

(b) explain—

(i) what evidence the proposed witness can give or produce,

(ii) why it is likely to be material evidence, and

(iii) why it would be in the interests of justice to issue a summons or warrant, as appropriate; and

(c) in an application by the prosecutor for a summons or warrant to be issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998—

(i) specify the date by which the prosecutor must serve the prosecution evidence in the Crown Court, and

(ii) if applicable, describe such steps as have been taken to apply for an extension or further extension of that period.

(3) A party applying for an order to be allowed to inspect and copy an entry in bank records must—

(a) identify the entry;

(b) explain the purpose for which the entry is required; and

(i) the terms of the order, and

(ii) the period within which the order should take effect, if 3 days from the date of service of the order would not be appropriate.

(4) The application may be made orally unless—

(a) paragraph (3) of this rule applies (bank records);

(b) rule 17.5 applies (Application for summons to produce a document, etc.: special rules); or

(5) The applicant must—

(a) serve any order made on the witness to whom, or the bank to which, it is directed; and

(b) notify the witness of the right to take legal advice.

[Note. The court may issue a warrant for a witness’ arrest if that witness fails to obey a witness summons: see section 97(3) of the Magistrates’ Courts Act 1980, paragraph 4(5) of Schedule 3 to the Crime and Disorder Act 1998 and section 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965. Before a magistrates’ court may issue a warrant under section 97(3) of the 1980 Act, the witness must first be paid or offered a reasonable amount for costs and expenses.]

Written application: form and service

17.4

(1) An application in writing under rule 17.3 must be in the form issued under the Practice Direction, containing the same declaration of truth as a witness statement.

(2) The party applying must serve the application—

(a) in every case, on the court officer and as directed by the court; and

(b) as required by rule 17.5, if that rule applies.

[Note. Declarations of truth in witness statements are required by section 9 of the Criminal Justice Act 1967⁴²⁶. Section 89 of the 1967 Act⁴²⁷makes it an offence to make a written statement under section 9 of that Act which the person making it knows to be false or does not believe to be true.]

Application for summons to produce a document, etc.: special rules

17.5

(1) This rule applies to an application under rule 17.3 for a witness summons requiring the proposed witness—

(a) to produce in evidence a document or thing; or

(b) to give evidence about information apparently held in confidence,

that relates to another person.

(2) The application must be in writing in the form required by rule 17.4.

(3) The party applying must serve the application—

(a) on the proposed witness, unless the court otherwise directs; and

(b) on one or more of the following, if the court so directs—

(i) a person to whom the proposed evidence relates, and

(ii) another party.

(4) The court must not issue a witness summons where this rule applies unless—

(a) everyone served with the application has had at least 10 business days in which to make representations, including representations about whether there should be a hearing of the application before the summons is issued; and

(b) the court is satisfied that it has been able to take adequate account of the duties and rights, including rights of confidentiality, of the proposed witness and of any person to whom the proposed evidence relates.

[Note. Under section 2A of the Criminal Procedure (Attendance of Witnesses) Act 1965⁴²⁸, a witness summons to produce a document or thing issued by the Crown Court may require the witness to produce it for inspection by the applicant before producing it in evidence.]

Application for summons to produce a document, etc.: court’s assessment of relevance and confidentiality

17.6

(1) This rule applies where a person served with an application for a witness summons requiring the proposed witness to produce in evidence a document or thing objects to its production on the ground that—

(a) it is not likely to be material evidence; or

(b) even if it is likely to be material evidence, the duties or rights, including rights of confidentiality, of the proposed witness or of any person to whom the document or thing relates, outweigh the reasons for issuing a summons.

(2) The court may require the proposed witness to make the document or thing available for the objection to be assessed.

(3) The court may invite—

(a) the proposed witness or any representative of the proposed witness; or

(b) a person to whom the document or thing relates or any representative of such a person,

to help the court assess the objection.

Application to withdraw a summons, warrant or order

17.7

(1) The court may withdraw a witness summons, warrant or order if one of the following applies for it to be withdrawn—

(a) the party who applied for it, on the ground that it no longer is needed;

(b) the witness, on the grounds that the court received no representations by the witness before the summons, warrant or order was issued and, in the Crown Court, the witness had had no notice of any application for a summons, and—

(i) the witness cannot give or produce evidence likely to be material evidence, or

(ii) even if the witness could do so, the witness’ duties or rights, including rights of confidentiality, or those of any person to whom the evidence relates, outweigh the reasons for the issue of the summons, warrant or order;

(c) any person to whom the proposed evidence relates, on the grounds that the court received no representations by that person before the summons, warrant or order was issued and—

(i) that evidence is not likely to be material evidence, or

(ii) even if it is, that person’s duties or rights, including rights of confidentiality, or those of the witness, outweigh the reasons for the issue of the summons, warrant or order; or

(d) the bank to which the order is directed, on the ground that a requirement of the Bankers’ Books Evidence Act 1879 is not met.

(2) A person applying under this rule must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so, explaining why the court should withdraw the summons, warrant or order; and

(b) serve the application on the court officer and as appropriate on—

(i) the witness or bank,

(ii) the party (if any) who applied for the summons, warrant or order, and

(iii) any other person who was served with the application (if any) for the summons, warrant or order.

(3) Rule 17.6 applies to an application under this rule that concerns a document or thing to be produced by a witness in evidence.

[Note. See sections 2B, 2C and 2E of the Criminal Procedure (Attendance of Witnesses) Act 1965⁴²⁹for the Crown Court’s powers to withdraw a witness summons, including the power to order costs.]

Taking a deposition in a magistrates’ court

17.8

(1) This rule applies where a witness attends or is brought before a magistrates’ court on a summons or warrant issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998⁴³⁰—

(a) to have evidence taken as a deposition; or

(b) to produce a document or other exhibit.

(2) The general rule is that the hearing must be in public but the court may exercise any power it has to—

(a) impose a restriction on reporting what takes place, or public access;

(b) withhold information from the public during the hearing; or

(3) The court must, in this sequence—

(a) explain, in terms the witness can understand (with help, if necessary), that—

(i) the court is required by law to take evidence for use by the prosecutor in the Crown Court,

(ii) any document or other exhibit that the witness was required to produce by the summons or warrant to attend must be produced to the court unless there is a just excuse for not doing so,

(iii) the prosecutor will ask questions that the witness must answer unless there is a just excuse for not doing so,

(iv) the witness’ evidence will be recorded in writing in a document called a ‘deposition’ which will be read to the witness and which the witness will be asked to sign, and

(v) if the witness refuses to produce a required document or other exhibit, or refuses to answer a question, without just excuse, then the court may commit the witness to custody and may impose a fine;

(b) take possession of any document or other exhibit that the witness was required to produce by the summons or warrant to attend;

(d) allow any legal representative of the witness who is present to question the witness;

(e) as a general rule, allow a legal representative of the defendant, if present, to question the witness but only to the extent reasonably required to clarify the witness’ answer to a question asked by the prosecutor;

(f) cause the witness’ evidence to be recorded in writing in a deposition;

(g) in the event of refusal by the witness to produce a required document or other exhibit, or to answer a question—

(i) ask the witness to explain why,

(ii) consider the explanation,

(iii) if satisfied that there is a just excuse for refusal, cause a record of that conclusion to be included in the deposition,

(iv) if not so satisfied and the refusal is maintained, deal with the refusal at the end of the hearing; and

(h) certify the accuracy of the deposition by—

(i) inviting the witness to authenticate it, by any written or electronic means, and

(ii) whether the witness agrees to do so or not, authenticating the deposition by any such means itself.

(4) A justices’ legal adviser must assist the court by preparing the deposition, unless the court—

(a) includes a District Judge (Magistrates’ Courts); and

(b) otherwise directs.

(5) The magistrates’ court officer must, as soon as practicable, make available to the Crown Court and serve on the prosecutor—

(a) a copy of the deposition;

(b) a copy of any document produced by the witness; and

[Note. For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003⁴³¹. See also rule 2.12 (Duties of justices’ legal adviser).]

Court’s power to vary requirements under this Part

17.9

(1) The court may—

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

(b) where a rule or direction requires an application under this Part to be in writing, allow that application to be made orally instead.

(2) Someone who wants the court to allow an application to be made orally under paragraph (1)(b) of this rule must—

(a) give as much notice as the urgency of the application permits to those on whom the application otherwise should be served; and

(b) in doing so explain the reasons for the application and for wanting the court to consider it orally.

PART 18 — MEASURES TO HELP A WITNESS OR DEFENDANT TO GIVE EVIDENCE OR OTHERWISE PARTICIPATE

*Contents of this Part*

General rules
When this Part applies	rule 18.1
Meaning of ‘witness’	rule 18.2
Meaning of ‘intermediary’ and ‘intermediary’s report’	rule 18.3
Making an application for a direction or order	rule 18.4
Decisions and reasons	rule 18.5
Court’s power to vary requirements under this Part	rule 18.6
Custody of documents	rule 18.7

Special measures directions
Exercise of court’s powers	rule 18.8
Special measures direction without application	rule 18.9
Content of application for a special measures direction	rule 18.10
Application to vary or discharge a special measures direction	rule 18.11
Application containing information withheld from another party	rule 18.12
Representations in response	rule 18.13

Witness anonymity orders
Exercise of court’s powers	rule 18.14
Content and conduct of application for a witness anonymity order	rule 18.15
Duty of court officer to notify the Director of Public Prosecutions	rule 18.16
Application to vary or discharge a witness anonymity order	rule 18.17
Representations in response	rule 18.18

Intermediary for a defendant
Appointment of intermediary to facilitate a defendant’s participation	rule 18.19
Application to vary or discharge the appointment of an intermediary for a defendant	rule 18.20
Representations in response to application or proposal	rule 18.21

Duties of intermediaries
Intermediary’s duty to the court	rule 18.22
Declaration by intermediary	rule 18.23
Content of intermediary’s report	rule 18.24

GENERAL RULES

When this Part applies

18.1

This Part applies—

(a) where the court can give a direction (a ‘special measures direction’), under section 19 of the Youth Justice and Criminal Evidence Act 1999⁴³², on an application or on its own initiative, for any of the following measures—

(i) preventing a witness from seeing the defendant (section 23 of the 1999 Act),

(ii) allowing a witness to give evidence by live link (section 24 of the 1999 Act⁴³³),

(iii) hearing a witness’ evidence in private (section 25 of the 1999 Act⁴³⁴),

(iv) dispensing with the wearing of wigs and gowns (section 26 of the 1999 Act),

(v) admitting video recorded evidence (sections 27 and 28 of the 1999 Act⁴³⁵),

(vi) questioning a witness through an intermediary (section 29 of the 1999 Act⁴³⁶),

(vii) using a device to help a witness communicate (section 30 of the 1999 Act);

(b) where the court can vary or discharge such a direction, under section 20 of the 1999 Act⁴³⁷;

(i) make a witness anonymity order, under section 86 of the Coroners and Justice Act 2009⁴³⁸, or

(ii) vary or discharge such an order, under section 91, 92 or 93 of the 2009 Act;

(d) where the court can—

(i) appoint an intermediary to facilitate a defendant’s effective participation in that defendant’s trial, when the defendant gives evidence or at any other time, or

(ii) vary or discharge such an appointment; and

(e) where the court can exercise any other power it has to give, make, vary, rescind, discharge or revoke a direction for a measure to help a witness to give evidence or to help a defendant to participate in that defendant’s trial.

[Note. At the end of this Part is a summary of the circumstances in which a witness or defendant may be eligible for the assistance of one of the measures to which this Part applies.]

Meaning of ‘witness’ and ‘live link’

18.2

In this Part—

(a) ‘witness’ means anyone (other than a defendant) for whose benefit an application, direction or order is made; and

(b) ‘live link’, in relation to a witness, means a live television link or other arrangement by which a witness who is absent from the courtroom or other place where the proceedings are being held is able to see and hear a person there and to be seen and heard by—

(i) the judge or justices (or both) and the jury (if there is one),

(ii) legal representatives acting in the proceedings, and

(iii) any interpreter or other person appointed (in pursuance of the direction or otherwise) to assist the witness.

[Note. See section 24(8) of the Youth Justice and Criminal Evidence Act 1999⁴³⁹.]

Meaning of ‘intermediary’ and ‘intermediary’s report’

18.3

In this Part—

(a) ‘intermediary’ means a person who is—

(i) approved by the court for the purposes of section 29 of the Youth Justice and Criminal Evidence Act 1999⁴⁴⁰ (Examination of witness through intermediary),

(ii) asked to assess a defendant’s communication needs, or

(iii) appointed by the court to facilitate a defendant’s effective participation in the trial, when the defendant gives evidence or at any other time, where otherwise that defendant’s communication needs would impede such participation; and

(b) a reference to ‘an intermediary’s report’ means a report by such a person which complies with rule 18.24.

Making an application for a direction or order

18.4

A party who wants the court to exercise its power to give or make a direction or order must—

(a) apply in writing as soon as reasonably practicable, and in any event not more than—

(i) 20 business days after the defendant pleads not guilty, in a magistrates’ court, or

(ii) 10 business days after the defendant pleads not guilty, in the Crown Court; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

[Note. See also rule 18.10 (Content of application for a special measures direction), rule 18.15 (Content and conduct of application for a witness anonymity order) and rule 18.19 (Appointment of intermediary to facilitate a defendant’s participation).]

Decisions and reasons

18.5

(1) A party who wants to introduce the evidence of a witness who is the subject of an application, direction or order must—

(a) inform the witness of the court’s decision as soon as reasonably practicable; and

(b) explain to the witness the arrangements that as a result will be made for him or her to give evidence.

(2) The court must—

(a) promptly determine an application; and

(b) allow a party sufficient time to comply with the requirements of—

(i) paragraph (1), and

(ii) the code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004⁴⁴¹ or under section 2 of the Victims and Prisoners Act 2024⁴⁴².

(3) The court must announce, at a hearing in public before the witness gives evidence or the defendant’s trial begins (as the case may be), the reasons for a decision—

(a) to give, make, vary or discharge a direction or order; or

(b) to refuse to do so.

[Note. See section 20(5) of the Youth Justice and Criminal Evidence Act 1999 and sections 51(8) and 52(7) of the Criminal Justice Act 2003⁴⁴³.

Court’s power to vary requirements under this Part

18.6

(1) The court may—

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

(b) allow an application or representations to be made in a different form to one issued under the Practice Direction, or to be made orally.

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

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

(b) explain the delay.

Custody of documents

18.7

Unless the court otherwise directs, the court officer may—

(a) keep a written application or representations; or

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

SPECIAL MEASURES DIRECTIONS

Exercise of court’s powers

18.8

(1) The court may decide whether to give, vary or discharge a special measures direction—

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

(b) in a party’s absence, if that party—

(i) applied for the direction, variation or discharge, or

(ii) has had at least 10 business days in which to make representations.

(2) Where a direction provides for evidence to be admitted under section 28 of the Youth Justice and Criminal Evidence Act 1999⁴⁴⁴ (Video recorded cross-examination or re-examination) the court must set a timetable that provides for—

(a) the date of any ground rules hearing under rule 3.9;

(b) the date on which the cross-examination and any re-examination will be recorded;

(c) the date by which any application under section 28(5) of the 1999 Act must be made for a direction for further cross-examination or re-examination;

(d) the date by which any application must be made to exclude as evidence any part of the recording; and

(e) the date by which any editing of the recording must be completed.

Special measures direction without application

18.9

(1) This rule applies where—

(a) a party notifies the court that a witness is eligible for assistance under section 16 or section 17 of the Youth Justice and Criminal Evidence Act 1999;

(b) the notice is given at—

(i) a preparation for trial hearing in a magistrates’ court, or

(ii) a plea and trial preparation hearing in the Crown Court; and

(2) The court may exercise its power to give a special measures direction without requiring an application under rule 18.10.

(3) The party who gives the notice must—

(a) provide any information that the court may need to assess—

(i) the measure or measures likely to maximise so far as practicable the quality of the witness’ evidence, and

(ii) the witness’ own views; and

(b) where a direction provides for video recorded evidence to be admitted under section 27 of the Youth Justice and Criminal Evidence Act 1999, as soon as reasonably practicable serve such evidence on—

(i) the court officer, and

(ii) each other party.

[Note. Under sections 21 and 22 of the Youth Justice and Criminal Evidence Act 1999, a ‘child witness’ is one who is under 18, and a ‘qualifying witness’ is one who was a child witness when interviewed.

Content of application for a special measures direction

18.10

An applicant for a special measures direction must—

(a) explain how the witness is eligible for assistance;

(b) explain why special measures would be likely to improve the quality of the witness’ evidence;

(c) propose the measure or measures that in the applicant’s opinion would be likely to maximise, so far as practicable, the quality of that evidence;

(d) report any views that the witness has expressed about—

(i) his or her eligibility for assistance,

(ii) the likelihood that special measures would improve the quality of his or her evidence, and

(iii) the measure or measures proposed by the applicant;

(e) in a case in which a child witness or a qualifying witness does not want the primary rule to apply, provide any information that the court may need to assess the witness’ views;

(f) in a case in which the applicant proposes that the witness should give evidence by live link—

(i) identify someone to accompany the witness while the witness gives evidence,

(ii) name that person, if possible, and

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

(g) in a case in which the applicant proposes the admission of video recorded evidence, identify—

(i) the date and duration of the recording, and

(ii) which part the applicant wants the court to admit as evidence, if the applicant does not want the court to admit all of it;

(h) attach any other material on which the applicant relies; and

(i) if the applicant wants a hearing, ask for one, and explain why it is needed.

Application to vary or discharge a special measures direction

18.11

(1) A party who wants the court to vary or discharge a special measures direction must—

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

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(2) The applicant must—

(a) explain what material circumstances have changed since the direction was given (or last varied, if applicable);

(b) explain why the direction should be varied or discharged; and

[Note. Under section 20 of the Youth Justice and Criminal Evidence Act 1999, the court can vary or discharge a special measures direction—

(a) on application, if there has been a material change of circumstances; or

(b) on the court’s own initiative.]

Application containing information withheld from another party

18.12

(1) This rule applies where—

(a) an applicant serves an application for a special measures direction, or for its variation or discharge; and

(b) the application includes information that the applicant thinks ought not be revealed to another party.

(2) 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

(3) Any hearing of an application to which this rule applies—

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

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

(4) At any hearing of an application to which this rule applies—

(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.

[Note. See section 20 of the Youth Justice and Criminal Evidence Act 1999.]

Representations in response

18.13

(1) This rule applies where a party wants to make representations about—

(a) an application for a special measures direction;

(b) an application for the variation or discharge of such a direction; or

(2) Such a party must—

(a) serve the representations on—

(i) the court officer, and

(ii) each other party;

(b) do so not more than 10 business days after, as applicable—

(i) service of the application, or

(ii) notice of the direction, variation or discharge that the court proposes; and

(3) Where representations include information that the person making them thinks ought not be revealed to another party, that person must—

(a) omit that information from the representations served on that other party;

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

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