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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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(4) Representations against a special measures direction must explain, as appropriate—

(a) why the witness is not eligible for assistance;

(b) if the witness is eligible for assistance, why—

(i) no special measure would be likely to improve the quality of the witness’ evidence,

(ii) the proposed measure or measures would not be likely to maximise, so far as practicable, the quality of the witness’ evidence, or

(iii) the proposed measure or measures might tend to inhibit the effective testing of that evidence; and

(c) in a case in which the admission of video recorded evidence is proposed, why it would not be in the interests of justice for the recording, or part of it, to be admitted as evidence.

(5) Representations against the variation or discharge of a special measures direction must explain why it should not be varied or discharged.

[Note. Under sections 21 and 22 of the Youth Justice and Criminal Evidence Act 1999, where the witness is a child witness or a qualifying witness the special measures that the court usually must direct must be treated as likely to maximise, so far as practicable, the quality of the witness’ evidence, irrespective of representations to the contrary.]

WITNESS ANONYMITY ORDERS

Exercise of court’s powers

18.14

(1) The court may decide whether to make, vary or discharge a witness anonymity order—

(a) at a hearing (which must be in private, unless the court otherwise directs), or without a hearing (unless any party asks for one); and

(b) in the absence of a defendant.

(2) The court must not exercise its power to make, vary or discharge a witness anonymity order, or to refuse to do so—

(a) before or during the trial, unless each party has had an opportunity to make representations;

(b) on an appeal by the defendant to which applies Part 34 (Appeal to the Crown Court) or Part 39 (Appeal to the Court of Appeal about conviction or sentence), unless in each party’s case—

(i) that party has had an opportunity to make representations, or

(ii) the appeal court is satisfied that it is not reasonably practicable to communicate with that party; or

(i) each has had an opportunity to make representations, or

(ii) the court is satisfied that it is not reasonably practicable to communicate with that party or witness.

Content and conduct of application for a witness anonymity order

18.15

(1) An applicant for a witness anonymity order must—

(a) include in the application nothing that might reveal the witness’ identity;

(b) describe the measures proposed by the applicant;

(c) explain how the proposed order meets the conditions prescribed by section 88 of the Coroners and Justice Act 2009⁴⁴⁵;

(d) explain why no measures other than those proposed will suffice, such as—

(i) an admission of the facts that would be proved by the witness,

(ii) an order restricting public access to the trial,

(iii) reporting restrictions, in particular under sections 45, 45A or 46 of the Youth Justice and Criminal Evidence Act 1999⁴⁴⁶,

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

(v) introduction of the witness’ written statement as hearsay evidence, under section 116 of the Criminal Justice Act 2003⁴⁴⁷, or

(vi) arrangements for the protection of the witness;

(e) attach to the application—

(i) a witness statement setting out the proposed evidence, edited in such a way as not to reveal the witness’ identity,

(ii) where the prosecutor is the applicant, any further prosecution evidence to be served, and any further prosecution material to be disclosed under the Criminal Procedure and Investigations Act 1996, similarly edited, and

(iii) any defence statement that has been served, or as much information as may be available to the applicant that gives particulars of the defence; and

(f) ask for a hearing, if the applicant wants one.

(2) At any hearing of the application, the applicant must—

(a) identify the witness to the court, unless at the prosecutor’s request the court otherwise directs; and

(b) present to the court, unless it otherwise directs—

(i) the unedited witness statement from which the edited version has been prepared,

(ii) where the prosecutor is the applicant, the unedited version of any further prosecution evidence or material from which an edited version has been prepared, and

(iii) such further material as the applicant relies on to establish that the proposed order meets the conditions prescribed by section 88 of the 2009 Act.

(3) At any such hearing—

(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) information withheld from a defendant, and further representations by the applicant, in the absence of any (or any other) defendant; but

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

(4) Before the witness gives evidence, the applicant must identify the witness to the court—

(a) if not already done;

(b) without revealing the witness’ identity to any other party or person; and

Duty of court officer to notify the Director of Public Prosecutions

18.16

The court officer must notify the Director of Public Prosecutions of an application, unless the prosecutor is, or acts on behalf of, a public authority.

Application to vary or discharge a witness anonymity order

18.17

(1) A party who wants the court to vary or discharge a witness anonymity order, or a witness who wants the court to do so when the case is over, 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 order was made (or last varied, if applicable);

(b) explain why the order should be varied or discharged, taking account of the conditions for making an order; and

(3) Where an application includes information that the applicant thinks might reveal the witness’ identity, the applicant must—

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

(b) mark the information to show that it is only for the court and the prosecutor (if the prosecutor is not the applicant); and

(4) Where a party applies to vary or discharge a witness anonymity order after the trial and any appeal are over, the party who introduced the witness’ evidence must serve the application on the witness.

[Note. Under sections 91, 92 and 93 of the Coroners and Justice Act 2009, the court can vary or discharge a witness anonymity order—

(a) on an application, if there has been a material change of circumstances since it was made or previously varied; or

(b) on the court’s own initiative, unless the trial and any appeal are over.]

Representations in response

18.18

(1) This rule applies where a party or, where the case is over, a witness, wants to make representations about—

(a) an application for a witness anonymity order;

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

(2) Such a party or witness 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 variation or discharge that the court proposes; and

(3) Where representations include information that the person making them thinks might reveal the witness’ identity, that person must—

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

(b) mark the information to show that it is only for the court (and for the prosecutor, if relevant); and

(4) Representations against a witness anonymity order must explain why the conditions for making the order are not met.

(5) Representations against the variation or discharge of such an order must explain why it would not be appropriate to vary or discharge it, taking account of the conditions for making an order.

(6) A prosecutor’s representations in response to an application by a defendant must include all information available to the prosecutor that is relevant to the conditions and considerations specified by sections 88 and 89 of the Coroners and Justice Act 2009.

INTERMEDIARY FOR A DEFENDANT

Appointment of intermediary to facilitate a defendant’s participation

18.19

(1) The court must exercise its power to appoint an intermediary to facilitate a defendant’s effective participation in the trial where—

(a) the defendant’s ability to participate is likely to be diminished by reason of—

(i) age, if the defendant is under 18, or

(ii) mental disorder (as defined in section 1(2) of the Mental Health Act 1983⁴⁴⁸), a significant impairment of intelligence and social functioning, or a physical disability or disorder; and

(b) the appointment is necessary for that purpose.

(2) In determining whether such an appointment is necessary, who to appoint and the duration or purpose of the appointment, the court must have regard to—

(a) the defendant’s communication needs as reported to the court;

(b) the recommendations in any intermediary’s report received by the court;

(i) receiving the assistance of an intermediary, or

(ii) other measures or arrangements to facilitate the defendant’s effective participation in the trial;

(d) the likely impact of the defendant’s age, if under 18, level of intellectual ability or social functioning on the ability to—

(i) give evidence, and

(ii) understand what is said and done by the court and other participants;

(e) the likely impact on such participation and on such understanding of any mental disorder or other significant impairment of intelligence or social functioning;

(f) the adequacy of arrangements for questioning the defendant in the absence of an intermediary;

(g) any assistance that the defendant has received in the past—

(i) while giving evidence in legal proceedings,

(ii) while being questioned during the investigation of an alleged offence, or

(iii) as a defendant in a criminal case;

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

(i) any expert medical opinion that the court may have received; and

(j) any other matter that the court thinks relevant.

(3) The court may exercise its power to appoint an intermediary—

(a) for the duration of every hearing that the defendant is due to attend;

(b) for the duration of any specified such hearing or hearings, or for the duration of a specified part of such a hearing; or

(4) Unless the court otherwise directs, the appointment of an intermediary extends to facilitating the defendant’s communication with that defendant’s legal representatives for the duration and for the purpose of the appointment.

(5) The court may decide whether to appoint an intermediary to facilitate a defendant’s effective participation in the trial and whether to vary or discharge any such appointment—

(a) on application or on the court’s own initiative;

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

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

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

(6) The court must not exercise its power to vary or discharge a direction for the appointment of an intermediary unless satisfied that—

(a) since the direction was made—

(i) the defendant’s communication needs have changed materially, or

(ii) any other material circumstance has changed materially; and

(b) the defendant will be able to participate effectively in the trial despite the variation or discharge of the direction.

Application to vary or discharge the appointment of an intermediary for a defendant

18.20

(1) A party who wants the court to vary or discharge the appointment of an intermediary to facilitate a defendant’s effective participation in the trial 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 how the criteria listed in rule 18.19(6) are met (variation or discharge of appointment); and

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

Representations in response to application or proposal

18.21

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

(a) an application or proposal for the appointment of an intermediary to facilitate a defendant’s effective participation in the trial; or

(b) an application or proposal for the variation or discharge of such an appointment.

(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 appointment, variation or discharge that the court proposes; and

(3) Representations against such an appointment, variation or discharge must explain why the criteria that apply are not met.

DUTIES OF INTERMEDIARIES

Intermediary’s duty to the court

18.22

(1) This rule applies to an intermediary who accepts—

(a) approval by the court for the purposes of section 29 of the Youth Justice and Criminal Evidence Act 1999⁴⁴⁹ (Examination of witness through intermediary);

(b) approval by the court for the purposes of section 33BA of the 1999 Act⁴⁵⁰ (Examination of accused through intermediary); or

(c) appointment by the court to facilitate a defendant’s effective participation in the trial, when the defendant gives evidence or at any other time.

(2) The intermediary must help the court to achieve the overriding objective—

(a) to the best of the intermediary’s skill and understanding by—

(i) communicating to the witness or defendant (as the case may be) questions put to them,

(ii) communicating to the questioner and the court the replies, and

(iii) explaining such questions and answers so that they can be understood;

(b) by assessing continually the witness’ or the defendant’s (as the case may be) ability to participate effectively and intervening if necessary;

(c) where the intermediary is appointed to facilitate a defendant’s effective participation, by explaining to the defendant, in terms the defendant can understand, what is said and done by the court and other participants; and

(d) by actively assisting the court in fulfilling its duties under rule 3.2 (Case management; The duty of the court) and rule 3.9 (Case management; Ground rules hearing), in particular by—

(i) complying with directions made by the court, and

(ii) at once informing the court of any significant failure (by the intermediary or another) to take any step required by such a direction.

(3) This duty overrides any obligation to the witness or to the defendant (as the case may be), or to the person by whom the intermediary is paid.

Declaration by intermediary

18.23

(1) This rule applies where—

(a) a video recorded interview with a witness is conducted through an intermediary; or

(b) the court directs the examination of a witness or defendant through an intermediary.

(2) The intermediary must make a declaration—

(a) before such an interview begins; and

(b) before the examination begins (even if such an interview with the witness was conducted through the same intermediary).

(3) The declaration must be in these terms, or in any corresponding terms that the intermediary declares to be binding—

I swear by Almighty God [or I solemnly, sincerely and truly declare and affirm] that I shall faithfully communicate questions and answers and make true explanation of all matters and things required of me according to the best of my skill and understanding.

Content of intermediary’s report

18.24

(1) An intermediary’s report must, in every case—

(a) give details of the intermediary’s qualifications, relevant experience and any accreditation;

(b) identify the commissioner of the report;

(d) list the documents received or inspected by the intermediary which contained such information and give an indication of their content;

(e) give the date or dates on which the intermediary met the witness or defendant, as the case may be, for the purpose of preparing the report;

(f) describe the nature and duration of the intermediary’s assessment, or assessments, of the witness or defendant;

(g) by reference to examples drawn from the intermediary’s assessment of the witness or defendant explain why in this particular case intermediary assistance is necessary;

(h) include an evaluation of—

(i) the impact of any condition or conditions which, whether in isolation or together, may adversely affect the witness’ or the defendant’s ability to communicate, and

(ii) the extent, if any, to which that impact may be exacerbated by the trial;

(i) if the intermediary is not able to reach an evaluation without qualifying it, state the qualification;

(j) report the views of the witness or defendant, as the case may be, on receiving the assistance of an intermediary;

(k) include in a summary of the intermediary’s conclusions any recommendation, with reasons, for—

(i) the approval or appointment of an intermediary,

(ii) the manner and duration of any questioning of the witness or defendant, as the case may be, and

(iii) arrangements for the way in which the intermediary, if approved or appointed, should participate; and

(l) contain a statement that the intermediary—

(i) understands an intermediary’s duty to the court, and

(ii) will comply with that duty if approved or appointed.

(2) Where the intermediary is asked to evaluate a defendant’s communication needs the report must also—

(a) include an evaluation of the extent to which any measures or arrangements beside the appointment of an intermediary will facilitate the defendant’s effective participation in the trial; and

(b) in the summary of the intermediary’s conclusions include any recommendation, with reasons, for—

(i) the duration and purpose of any appointment of an intermediary, and

(ii) other measures or arrangements to help the defendant to participate effectively in the trial.

PART 19 — EXPERT EVIDENCE

*Contents of this Part*

When this Part applies	rule 19.1
Expert’s duty to the court	rule 19.2
Introduction of expert evidence	rule 19.3
Content of expert’s report	rule 19.4
Expert to be informed of service of report	rule 19.5
Pre-hearing discussion of expert evidence	rule 19.6
Court’s power to direct that evidence is to be given by
a single joint expert	rule 19.7
Instructions to a single joint expert	rule 19.8
Application to withhold information from another party	rule 19.9
Court’s power to vary requirements under this Part	rule 19.10

When this Part applies

19.1

(1) This Part applies where a party wants to introduce expert opinion evidence.

(2) A reference to an ‘expert’ in this Part is a reference to a person who is required to give or prepare expert evidence for the purpose of criminal proceedings, including evidence required to determine fitness to plead or for the purpose of sentencing.

(3) Where evidence that is introduced as evidence of fact within a witness’ direct knowledge includes expert opinion the court may direct that the requirements of rules 19.2 (Expert’s duty to the court) and 19.3 (Introduction of expert evidence) apply, to the extent and with such adaptations as the court directs.

[Note. Expert medical evidence may be required to determine fitness to plead under section 4 of the Criminal Procedure (Insanity) Act 1964⁴⁵⁶. It may be required also under section 11 of the Powers of Criminal Courts (Sentencing) Act 2000⁴⁵⁷, under Part III of the Mental Health Act 1983⁴⁵⁸or under Part 12 of the Criminal Justice Act 2003⁴⁵⁹. Those Acts contain requirements about the qualification of medical experts.]

Expert’s duty to the court

19.2

(1) An expert must help the court to achieve the overriding objective—

(a) by giving opinion which is—

(i) objective and unbiased, and

(ii) within the expert’s area or areas of expertise; and

(b) by actively assisting the court in fulfilling its duty of case management under rule 3.2, in particular by—

(i) complying with directions made by the court, and

(ii) at once informing the court of any significant failure (by the expert or another) to take any step required by such a direction.

(2) This duty overrides any obligation to the person from whom the expert receives instructions or by whom the expert is paid.

(3) This duty includes obligations—

(a) to define the expert’s area or areas of expertise—

(i) in the expert’s report, and

(ii) when giving evidence in person;

(b) when giving evidence in person, to draw the court’s attention to any question to which the answer would be outside the expert’s area or areas of expertise;

(c) to inform all parties and the court if the expert’s opinion changes from that contained in a report served as evidence or given in a statement; and

(d) to disclose to the party for whom the expert’s evidence is commissioned anything—

(i) of which the expert is aware, and

(ii) of which that party, if aware of it, would be required to give notice under rule 19.3(3)(c).

[Note. The Practice Direction lists examples of matters that should be disclosed under this rule and rule 19.3(3)(c).]

Introduction of expert evidence

19.3

(1) A party who wants another party to admit as fact a summary of an expert’s conclusions must serve that summary—

(a) on the court officer and on each party from whom that admission is sought; and

(b) as soon as practicable after the defendant whom it affects pleads not guilty.

(2) A party on whom such a summary is served must—

(a) serve a response stating—

(i) which, if any, of the expert’s conclusions are admitted as fact, and

(ii) where a conclusion is not admitted, what are the disputed issues concerning that conclusion; and

(b) serve the response—

(i) on the court officer and on the party who served the summary, and

(ii) as soon as practicable, and in any event not more than 10 business days after service of the summary.

(3) A party who wants to introduce expert evidence otherwise than as admitted fact must—

(a) serve a report by the expert which complies with rule 19.4 (Content of expert’s report) on—

(i) the court officer, and

(ii) each other party;

(b) serve the report as soon as practicable, and in any event with any application in support of which that party relies on that evidence;

(i) notice of anything of which the party serving it is aware which might reasonably be thought capable of undermining the reliability of the expert’s opinion, or detracting from the credibility or impartiality of the expert, and

(ii) an explanation of how facts stated in the report are admissible as evidence if that is not explained by the report; and

(d) if another party so requires, give that party a copy of, or a reasonable opportunity to inspect—

(i) a record of any examination, measurement, test or experiment on which the expert’s findings and opinion are based, or that were carried out in the course of reaching those findings and opinion, and

(ii) anything on which any such examination, measurement, test or experiment was carried out.

(4) Unless the parties otherwise agree or the court directs, a party may not—

(a) introduce expert evidence if that party has not complied with paragraph (3); or

(b) introduce in evidence an expert report if the expert does not give evidence in person.

[Note. A party who accepts another party’s expert’s conclusions may admit them as fact under section 10 of the Criminal Justice Act 1967⁴⁶⁰.

Content of expert’s report

19.4

Where rule 19.3(3) applies, an expert’s report must—

(a) give details of the expert’s qualifications, relevant experience and accreditation;

(b) give details of any literature or other information which the expert has relied on in making the report;

(c) contain a statement setting out the substance of all facts given to the expert which are material to the opinions expressed in the report, or upon which those opinions are based;

(d) make clear which of the facts stated in the report are within the expert’s own knowledge;

(e) where the expert has based an opinion or inference on a representation of fact or opinion made by another person for the purposes of criminal proceedings (for example, as to the outcome of an examination, measurement, test or experiment)—

(i) identify the person who made that representation to the expert,

(ii) give the qualifications, relevant experience and any accreditation of that person, and

(iii) certify that that person had personal knowledge of the matters stated in that representation;

(f) where there is a range of opinion on the matters dealt with in the report—

(i) summarise the range of opinion, and

(ii) give reasons for the expert’s own opinion;

(g) if the expert is not able to give an opinion without qualification, state the qualification;

(h) include such information as the court may need to decide whether the expert’s opinion is sufficiently reliable to be admissible as evidence;

(i) contain a summary of the conclusions reached;

(j) contain a statement that the expert understands an expert’s duty to the court, and has complied and will continue to comply with that duty; and

(k) contain the same declaration of truth as a witness statement.

[Note. Part 16 contains rules about written witness statements. Declarations of truth in witness statements are required by section 9 of the Criminal Justice Act 1967⁴⁶⁶.]

Expert to be informed of service of report

19.5

A party who serves on another party or on the court a report by an expert must, at once, inform that expert of that fact.

Pre-hearing discussion of expert evidence

19.6

(1) This rule applies where more than one party wants to introduce expert evidence.

(2) The court may direct the experts to—

(a) discuss the expert issues in the proceedings; and

(b) prepare a statement for the court of the matters on which they agree and disagree, giving their reasons.

(3) Except for that statement, the content of that discussion must not be referred to without the court’s permission.

(4) A party may not introduce expert evidence without the court’s permission if the expert has not complied with a direction under this rule.

[Note. At a pre-trial hearing, a court may make binding rulings about the admissibility of evidence and about questions of law under section 9 of the Criminal Justice Act 1987⁴⁶⁷; sections 31 and 40 of the Criminal Procedure and Investigations Act 1996⁴⁶⁸; and section 8A of the Magistrates’ Courts Act 1980⁴⁶⁹.]

Court’s power to direct that evidence is to be given by a single joint expert

19.7

(1) Where more than one defendant wants to introduce expert evidence on an issue at trial, the court may direct that the evidence on that issue is to be given by one expert only.

(2) Where the co-defendants cannot agree who should be the expert, the court may—

(a) select the expert from a list prepared or identified by them; or

(b) direct that the expert be selected in another way.

Instructions to a single joint expert

19.8

(1) Where the court gives a direction under rule 19.7 for a single joint expert to be used, each of the co-defendants may give instructions to the expert.

(2) A co-defendant who gives instructions to the expert must, at the same time, send a copy of the instructions to each other co-defendant.

(3) The court may give directions about—

(a) the payment of the expert’s fees and expenses; and

(b) any examination, measurement, test or experiment which the expert wishes to carry out.

(4) The court may, before an expert is instructed, limit the amount that can be paid by way of fees and expenses to the expert.

(5) Unless the court otherwise directs, the instructing co-defendants are jointly and severally liable for the payment of the expert’s fees and expenses.

Application to withhold information from another party

19.9

(1) This rule applies where—

(a) a party introduces expert evidence under rule 19.3(3);

(b) the evidence omits information which it otherwise might include because the party introducing it thinks that that information ought not be revealed to another party; and

(c) the party introducing the evidence wants the court to decide whether it would be in the public interest to withhold that information.

(2) The party who wants to introduce the evidence must—

(a) apply for such a decision; and

(b) serve the application on—

(i) the court officer, and

(ii) the other party, but only to the extent that serving it would not reveal what the applicant thinks ought to be withheld.

(3) The application must—

(a) identify the information;

(b) explain why the applicant thinks that it would be in the public interest to withhold it; and

(c) omit from the part of the application that is served on the other party anything that would reveal what the applicant thinks ought to be withheld.

(4) Where the applicant serves only part of the application on the other party, the applicant must—

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

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

(5) The court may—

(a) direct the applicant to serve on the other party any part of the application which has been withheld; and

(b) determine the application at a hearing or without a hearing.

(6) 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 the party from whom information has been withheld.

(7) 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 the other party, in both parties’ presence, and then

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

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

Court’s power to vary requirements under this Part

19.10

(1) The court may extend (even after it has expired) a time limit under this Part.

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

(a) apply when serving the report, summary or notice for which it is required; and

(b) explain the delay.

PART 20 — HEARSAY EVIDENCE

*Contents of this Part*

When this Part applies	rule 20.1
Notice to introduce hearsay evidence	rule 20.2
Opposing the introduction of hearsay evidence	rule 20.3
Unopposed hearsay evidence	rule 20.4
Court’s power to vary requirements under this Part	rule 20.5

When this Part applies

20.1

This Part applies in a magistrates’ court and in the Crown Court where a party wants to introduce hearsay evidence within the meaning of section 114 of the Criminal Justice Act 2003⁴⁷⁰.

[Note. Under section 114 of the Criminal Justice Act 2003, a statement not made in oral evidence is admissible as evidence of any matter stated if—

(a) a statutory provision makes it admissible;

(b) a rule of law preserved by section 118 makes it admissible;

(d) it is in the interests of justice for it to be admissible.

Notice to introduce hearsay evidence

20.2

(1) This rule applies where a party wants to introduce hearsay evidence for admission under any of the following sections of the Criminal Justice Act 2003—

(a) section 114(1)(d) (evidence admissible in the interests of justice);

(b) section 116 (evidence where a witness is unavailable);

(d) section 121 (multiple hearsay).

(2) That party must—

(a) serve notice on—

(i) the court officer, and

(ii) each other party;

(b) in the notice—

(i) identify the evidence that is hearsay,

(ii) set out any facts on which that party relies to make the evidence admissible,

(iii) explain how that party will prove those facts if another party disputes them, and

(iv) explain why the evidence is admissible; and

(3) A prosecutor who wants to introduce such evidence must serve the notice not more than—

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

(b) 10 business days after the defendant pleads not guilty, in the Crown Court.

(4) A defendant who wants to introduce such evidence must serve the notice as soon as reasonably practicable.

(5) A party entitled to receive a notice under this rule may waive that entitlement by so informing—

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

(b) the court.

[Note. The sections of the Criminal Justice Act 2003 listed in this rule set out the conditions on which hearsay evidence may be admitted under them.

Opposing the introduction of hearsay evidence

20.3

(1) This rule applies where a party objects to the introduction of hearsay evidence.

(2) That party must—

(a) apply to the court to determine the objection;

(b) serve the application on—

(i) the court officer, and

(ii) each other party;

(i) service of notice to introduce the evidence under rule 20.2,

(ii) service of the evidence to which that party objects, if no notice is required by that rule, or

(iii) the defendant pleads not guilty

whichever of those events happens last; and

(d) in the application, explain—

(i) which, if any, facts set out in a notice under rule 20.2 that party disputes,

(ii) why the evidence is not admissible, and

(iii) any other objection to the evidence.

(3) The court—

(a) may determine an application—

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

(ii) without a hearing;

(b) must not determine the application unless the party who served the notice—

(i) is present, or

(ii) has had a reasonable opportunity to respond;

(d) may discharge or vary a determination where it can do so under—

(i) section 8B of the Magistrates’ Courts Act 1980⁴⁷⁴ (ruling at pre-trial hearing in a magistrates’ court), or

(ii) section 9 of the Criminal Justice Act 1987⁴⁷⁵, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996⁴⁷⁶ (ruling at preparatory or other pre-trial hearing in the Crown Court).

Unopposed hearsay evidence

20.4

(1) This rule applies where—

(a) a party has served notice to introduce hearsay evidence under rule 20.2; and

(b) no other party has applied to the court to determine an objection to the introduction of the evidence.

(2) The court must treat the evidence as if it were admissible by agreement.

[Note. Under section 132(4) of the Criminal Justice Act 2003, rules may provide that evidence is to be treated as admissible by agreement of the parties if notice to introduce that evidence has not been opposed.]

Court’s power to vary requirements under this Part

20.5

(1) The court may—

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

(b) allow an application or notice to be in a different form to one issued under the Practice Direction, or to be made or given orally; and

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

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

(b) explain the delay.

PART 21 — EVIDENCE OF BAD CHARACTER

Contents of this Part

When this Part applies	rule 21.1
Content of application or notice	rule 21.2
Application to introduce evidence of a non-defendant’s bad character	rule 21.3
Notice to introduce evidence of a defendant’s bad character	rule 21.4
Reasons for decisions	rule 21.5
Court’s power to vary requirements under this Part	rule 21.6

When this Part applies

21.1

This Part applies in a magistrates’ court and in the Crown Court where a party wants to introduce evidence of bad character within the meaning of section 98 of the Criminal Justice Act 2003⁴⁷⁷.

[Note. Under section 98 of the Criminal Justice Act 2003, evidence of a person’s bad character means evidence of, or of a disposition towards, misconduct on that person’s part, other than evidence that—

(a) has to do with the alleged facts of the offence; or

(b) is evidence of misconduct in connection with the investigation or prosecution.

Content of application or notice

21.2

(1) A party who wants to introduce evidence of bad character must—

(a) make an application under rule 21.3, where it is evidence of a non-defendant’s bad character; or

(b) give notice under rule 21.4, where it is evidence of a defendant’s bad character.

(2) An application or notice must—

(a) set out the facts of the misconduct on which that party relies,

(b) explain how that party will prove those facts (whether by certificate of conviction, other official record, or other evidence), if another party disputes them, and

[Note. The fact that a person was convicted of an offence may be proved under—

(a) section 73 of the Police and Criminal Evidence Act 1984⁴⁷⁸(conviction in the United Kingdom); or

(b) section 7 of the Evidence Act 1851⁴⁷⁹(conviction outside the United Kingdom).

Application to introduce evidence of a non-defendant’s bad character

21.3

(1) This rule applies where a party wants to introduce evidence of the bad character of a person other than the defendant.

(2) That party must serve an application to do so on—

(a) the court officer; and

(b) each other party.

(3) The applicant must serve the application—

(a) as soon as reasonably practicable; and in any event

(b) not more than 10 business days after the prosecutor discloses material on which the application is based (if the prosecutor is not the applicant).

(4) A party who objects to the introduction of the evidence must—

(a) serve notice on—

(i) the court officer, and

(ii) each other party

not more than 10 business days after service of the application; and

(b) in the notice explain, as applicable—

(i) which, if any, facts of the misconduct set out in the application that party disputes,

(ii) what, if any, facts of the misconduct that party admits instead,

(iii) why the evidence is not admissible, and

(iv) any other objection to the application.

(5) The court—

(a) may determine an application—

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

(ii) without a hearing;

(b) must not determine the application unless each party other than the applicant—

(i) is present, or

(ii) has had at least 10 business days in which to serve a notice of objection;

(d) may discharge or vary a determination where it can do so under—

(i) section 8B of the Magistrates’ Courts Act 1980⁴⁸¹ (ruling at pre-trial hearing in a magistrates’ court), or

(ii) section 9 of the Criminal Justice Act 1987⁴⁸², or section 31 or 40 of the Criminal Procedure and Investigations Act 1996⁴⁸³ (ruling at preparatory or other pre-trial hearing in the Crown Court).

[Note. See also rule 21.5 (reasons for decisions must be given in public).]

Notice to introduce evidence of a defendant’s bad character

21.4

(1) This rule applies where a party wants to introduce evidence of a defendant’s bad character.

(2) A prosecutor or co-defendant who wants to introduce such evidence must serve notice on—

(a) the court officer; and

(b) each other party.

(3) A prosecutor must serve any such notice not more than—

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

(b) 10 business days after the defendant pleads not guilty, in the Crown Court.

(4) A co-defendant who wants to introduce such evidence must serve the notice—

(a) as soon as reasonably practicable; and in any event

(b) not more than 10 business days after the prosecutor discloses material on which the notice is based.

(5) A party who objects to the introduction of the evidence identified by such a notice must—

(a) apply to the court to determine the objection;

(b) serve the application on—

(i) the court officer, and

(ii) each other party

not more than 10 business days after service of the notice; and

(i) which, if any, facts of the misconduct set out in the notice that party disputes,

(ii) what, if any, facts of the misconduct that party admits instead,

(iii) why the evidence is not admissible,

(iv) why it would be unfair to admit the evidence, and

(v) any other objection to the notice.

(6) The court—

(a) may determine such an application—

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

(ii) without a hearing;

(b) must not determine the application unless the party who served the notice—

(i) is present, or

(ii) has had a reasonable opportunity to respond;

(d) may discharge or vary a determination where it can do so under—

(i) section 8B of the Magistrates’ Courts Act 1980 (ruling at pre-trial hearing in a magistrates’ court), or

(ii) section 9 of the Criminal Justice Act 1987, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996 (ruling at preparatory or other pre-trial hearing in the Crown Court).

(7) A party entitled to receive such a notice may waive that entitlement by so informing—

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

(b) the court.

(8) A defendant who wants to introduce evidence of his or her own bad character must—

(a) give notice, in writing or orally—

(i) as soon as reasonably practicable, and in any event

(ii) before the evidence is introduced, either by the defendant or in reply to a question asked by the defendant of another party’s witness in order to obtain that evidence; and

(b) in the Crown Court, at the same time give notice (in writing, or orally) of any direction about the defendant’s character that the defendant wants the court to give the jury under rule 25.14 (Directions to the jury and taking the verdict).

[Note. See also rule 21.5 (reasons for decisions must be given in public).

Reasons for decisions

21.5

The court must announce at a hearing in public (but in the absence of the jury, if there is one) the reasons for a decision—

(a) to admit evidence as evidence of bad character, or to refuse to do so; or

(b) to direct an acquittal or a retrial under section 107 of the Criminal Justice Act 2003.

[Note. See section 110 of the Criminal Justice Act 2003.]

Court’s power to vary requirements under this Part

21.6

(1) The court may—

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

(b) allow an application or notice to be in a different form to one issued under the Practice Direction, or to be made or given orally; and

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

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

(b) explain the delay.

PART 22 — EVIDENCE OF A COMPLAINANT’S PREVIOUS SEXUAL BEHAVIOUR

Contents of this Part

When this Part applies	rule 22.1
Exercise of court’s powers	rule 22.2
Decisions and reasons	rule 22.3
Application for permission to introduce evidence or cross-examine	rule 22.4
Application containing information withheld from another party	rule 22.5
Representations in response	rule 22.6
Special measures, etc. for a witness	rule 22.7
Court’s power to vary requirements under this Part	rule 22.8

When this Part applies

22.1

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

(a) section 41 of the Youth Justice and Criminal Evidence Act 1999⁴⁸⁴ prohibits the introduction of evidence or cross-examination about any sexual behaviour of the complainant of a sexual offence; and

(b) despite that prohibition, a defendant wants to introduce such evidence or to cross-examine a witness about such behaviour.

[Note. Section 41 of the Youth Justice and Criminal Evidence Act 1999 prohibits evidence or cross-examination about the sexual behaviour of a complainant of a sexual offence, subject to exceptions.

Exercise of court’s powers

22.2

The court—

(a) must determine an application under rule 22.4 (Application for permission to introduce evidence or cross-examine)—

(i) at a hearing in private, and

(ii) in the absence of the complainant;

(b) must not determine the application unless—

(i) each party other than the applicant is present, or has had at least 10 business days in which to make representations, and

(ii) the court is satisfied that it has been able to take adequate account of the complainant’s rights;

(d) may discharge or vary a determination where it can do so under—

(i) section 8B of the Magistrates’ Courts Act 1980⁴⁸⁶ (ruling at pre-trial hearing in a magistrates’ court), or

(ii) section 9 of the Criminal Justice Act 1987⁴⁸⁷, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996⁴⁸⁸ (ruling at preparatory or other pre-trial hearing in the Crown Court).

[Note. See alsosection 43 of the Youth Justice and Criminal Evidence Act 1999⁴⁸⁹, which among other things requires an application under section 41 of the Act to be heard in private and in the absence of the complainant.

Decisions and reasons

22.3

(1) A prosecutor who wants to introduce the evidence of a complainant in respect of whom the court allows the introduction of evidence or cross-examination about any sexual behaviour must—

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

(b) explain to the complainant any 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 the prosecutor 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 2004⁴⁹² or under section 2 of the Victims and Prisoners Act 2024⁴⁹³.

(3) The court must announce at a hearing in public—

(a) the reasons for a decision to allow or refuse an application under rule 22.4; and

(b) if it allows such an application, the extent to which evidence may be introduced or questions asked.

[Note. Under section 43 of the Youth Justice and Criminal Evidence Act 1999—

(a) the reasons for the court’s decision on an application must be given in open court; and

(b) the court must state in open court the extent to which evidence may be introduced or questions asked.

Application for permission to introduce evidence or cross-examine

22.4

(1) A defendant who wants to introduce evidence or cross-examine a witness about any sexual behaviour of the complainant must—

(a) serve an application for permission to do so on—

(i) the court officer, and

(ii) each other party; and

(b) serve the application—

(i) as soon as reasonably practicable after becoming aware of the grounds for doing so, and in any event

(ii) not more than 10 business days after the prosecutor discloses material on which the application is based.

(2) The application must—

(a) identify the issue to which the defendant says the complainant’s sexual behaviour is relevant;

(b) give particulars of—

(i) any evidence that the defendant wants to introduce, and

(ii) any questions that the defendant wants to ask;

(c) identify the exception to the prohibition in section 41 of the Youth Justice and Criminal Evidence Act 1999 on which the defendant relies; and

(d) give the name and date of birth of any witness whose evidence about the complainant’s sexual behaviour the defendant wants to introduce.

Application containing information withheld from another party

22.5

(1) This rule applies where—

(a) an applicant serves an application under rule 22.4 (Application for permission to introduce evidence or cross-examine); 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) If the court so directs, the hearing of an application to which this rule applies may be, wholly or in part, in the absence of a party from whom information has been withheld.

(4) At the 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 43(3)(c) of the Youth Justice and Criminal Evidence Act 1999.]

Representations in response

22.6

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

(a) an application under rule 22.4 (Application for permission to introduce evidence or cross-examine); or

(b) a proposed variation or discharge of a decision allowing such an application.

(2) Such a party must—

(a) serve the representations on—

(i) the court officer, and

(ii) each other party; and

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

(i) service of the application, or

(ii) notice of the proposal to vary or discharge.

(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

(4) Representations against an application under rule 22.4 must explain the grounds of objection.

(5) Representations against the variation or discharge of a decision must explain why it should not be varied or discharged.

Special measures, etc. for a witness

22.7

(1) This rule applies where the court allows an application under rule 22.4 (Application for permission to introduce evidence or cross-examine).

(2) Despite the time limits in rule 18.4 (Making an application for a direction or order)—

(a) a party may apply for a special measures direction or for the variation of an existing special measures direction not more than 10 business days after the court’s decision; and

(b) the court may shorten the time for opposing that application.

(3) Where the court allows the cross-examination of a witness, the court must give directions for the appropriate treatment and questioning of that witness in accordance with rule 3.8(6) and (7) (setting ground rules for the conduct of questioning).

[Note. Special measures to improve the quality of evidence given by certain witnesses may be directed by the court under section 19 of the Youth Justice and Criminal Evidence Act 1999 and varied under section 20⁴⁹⁴. An application for a special measures direction may be made by a party under Part 18 or the court may make a direction on its own initiative. Rule 18.13(2) sets the usual time limit (10 business days) for opposing a special measures application.]

Court’s power to vary requirements under this Part

22.8

The court may shorten or extend (even after it has expired) a time limit under this Part.

PART 23 — RESTRICTION ON CROSS-EXAMINATION BY A DEFENDANT

Contents of this Part

General rules
When this Part applies	rule 23.1
Appointment of advocate to cross-examine witness	rule 23.2

Application to prohibit cross-examination
Exercise of court’s powers	rule 23.3
Application to prohibit cross-examination	rule 23.4
Application to discharge prohibition imposed by the court	rule 23.5
Application containing information withheld from another party	rule 23.6
Representations in response	rule 23.7
Court’s power to vary requirements	rule 23.8

GENERAL RULES

When this Part applies

23.1

This Part applies where—

(a) a defendant may not cross-examine in person a witness because of section 34 or section 35 of the Youth Justice and Criminal Evidence Act 1999⁴⁹⁵ (Complainants in proceedings for sexual offences; Child complainants and other child witnesses); or

(b) the court can prohibit a defendant from cross-examining in person a witness under section 36 of that Act⁴⁹⁶ (Direction prohibiting accused from cross-examining particular witness).

[Note. Under section 34 of the Youth Justice and Criminal Evidence Act 1999, no defendant charged with a sexual offence may cross-examine in person a witness who is the complainant, either—

(a) in connection with that offence; or

(b) in connection with any other offence (of whatever nature) with which that defendant is charged in the proceedings.

Appointment of advocate to cross-examine witness

23.2

(1) This rule applies where a defendant may not cross-examine in person a witness in consequence of—

(a) the prohibition imposed by section 34 or section 35 of the Youth Justice and Criminal Evidence Act 1999; or

(b) a prohibition imposed by the court under section 36 of the 1999 Act.

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

(a) the prohibition and its effect;

(b) that if the defendant will not be represented by a lawyer with a right of audience in the court for the purposes of the case then the defendant is entitled to arrange for such a lawyer to cross-examine the witness on his or her behalf;

(c) that the defendant must notify the court officer of the identity of any such lawyer, with details of how to contact that person, by no later than a date set by the court; and

(d) that if the defendant does not want to make such arrangements, or if the defendant gives no such notice by that date, then—

(i) the court must decide whether it is necessary in the interests of justice to appoint such a lawyer to cross-examine the witness in the defendant’s interests, and

(ii) if the court decides that that is necessary, the court will appoint a lawyer chosen by the court who will not be responsible to the defendant.

(3) Having given those explanations, the court must—

(a) ask whether the defendant wants to arrange for a lawyer to cross-examine the witness, and set a date by when the defendant must notify the court officer of the identity of that lawyer if the answer to that question is ‘yes’; and

(b) if the answer to that question is ‘no’, or if by the date set the defendant has given no such notice—

(i) decide whether it is necessary in the interests of justice for the witness to be cross-examined by an advocate appointed to represent the defendant’s interests, and

(ii) if the court decides that that is necessary, give directions for the appointment of such an advocate.

(4) The court may give the explanations and ask the questions required by this rule—

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

(b) without a hearing, by written notice to the defendant.

(5) The court may extend (even after it has expired) the time limit that it sets under paragraph (3)(a)—

(a) on application by the defendant; or

(b) on its own initiative.

(6) Paragraphs (7), (8), (9) and (10) apply where the court appoints an advocate.

(7) The directions that the court gives under paragraph (3)(b)(ii) must provide for the supply to the advocate of a copy of—

(a) all material served by one party on the other, whether before or after the advocate’s appointment, to which applies—

(i) Part 8 (Initial details of the prosecution case),

(ii) in the Crown Court, rule 3.19 (service of prosecution evidence in a case sent for trial),

(iii) Part 16 (Written witness statements),

(iv) Part 19 (Expert evidence),

(v) Part 20 (Hearsay evidence),

(vi) Part 21 (Evidence of bad character), or

(vii) Part 22 (Evidence of a complainant’s previous sexual behaviour);

(b) any material disclosed, given or served, whether before or after the advocate’s appointment, which is—

(i) prosecution material disclosed to the defendant under section 3 (Initial duty of prosecutor to disclose) or section 7A (Continuing duty of prosecutor to disclose) of the Criminal Procedure and Investigations Act 1996⁴⁹⁷,

(ii) a defence statement given by the defendant under section 5 (Compulsory disclosure by accused) or section 6 (Voluntary disclosure by accused) of the 1996 Act⁴⁹⁸,

(iii) a defence witness notice given by the defendant under section 6C of that Act⁴⁹⁹ (Notification of intention to call defence witnesses), or

(iv) an application by the defendant under section 8 of that Act⁵⁰⁰ (Application by accused for disclosure);

(d) all case management directions given by the court for the purposes of the trial or the appeal.

(8) Where the defendant has given a defence statement—

(a) section 8(2) of the Criminal Procedure and Investigations Act 1996 is modified to allow the advocate, as well as the defendant, to apply for an order for prosecution disclosure under that subsection if the advocate has reasonable cause to believe that there is prosecution material concerning the witness which is required by section 7A of the Act to be disclosed to the defendant and has not been; and

(b) rule 15.5 (Defendant’s application for prosecution disclosure) applies to an application by the advocate as it does to an application by the defendant.

(9) Before receiving evidence the court must establish, with the active assistance of the parties and of the advocate, and in the absence of any jury in the Crown Court—

(a) what issues will be the subject of the advocate’s cross-examination; and

(b) whether the court’s permission is required for any proposed question, for example where Part 21 or Part 22 applies.

(10) The appointment terminates at the conclusion of the cross-examination of the witness.

[Note. See section 38 of the Youth Justice and Criminal Evidence Act 1999⁵⁰¹. Under section 38(8) the references in that section to a ‘legal representative’ are to a representative who is an advocate within the meaning of rule 2.2.

APPLICATION TO PROHIBIT CROSS-EXAMINATION

Exercise of court’s powers

23.3

(1) The court may decide whether to impose or discharge a prohibition against cross-examination under section 36 of the Youth Justice and Criminal Evidence Act 1999—

(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 prohibition or discharge, or

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

(2) The court must announce, at a hearing in public before the witness gives evidence, the reasons for a decision—

(a) to impose or discharge such a prohibition; or

(b) to refuse to do so.

[Note. See section 37 of the Youth Justice and Criminal Evidence Act 1999⁵⁰².]

Application to prohibit cross-examination

23.4

(1) This rule applies where under section 36 of the Youth Justice and Criminal Evidence Act 1999 the prosecutor wants the court to prohibit the cross-examination of a witness by a defendant in person.

(2) The prosecutor 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,

(ii) the defendant who is the subject of the application, and

(iii) any other defendant, unless the court otherwise directs.

(3) The application must—

(a) report any views that the witness has expressed about whether he or she is content to be cross-examined by the defendant in person;

(b) identify—

(i) the nature of the questions likely to be asked, having regard to the issues in the case,

(ii) any relevant behaviour of the defendant at any stage of the case, generally and in relation to the witness,

(iii) any relationship, of any nature, between the witness and the defendant,

(iv) any other defendant in the case who is subject to such a prohibition in respect of the witness, and

(v) any special measures direction made in respect of the witness, or for which an application has been made;

(i) is likely to be diminished if no such prohibition is imposed, and

(ii) would be likely to be improved if it were imposed; and

(d) explain why it would not be contrary to the interests of justice to impose the prohibition.

Application to discharge prohibition imposed by the court

23.5

(1) A party who wants the court to discharge a prohibition against cross-examination which the court imposed under section 36 of the Youth Justice and Criminal Evidence Act 1999 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 prohibition was imposed; and

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

[Note. Under section 37 of the Youth Justice and Criminal Evidence Act 1999, the court can discharge a prohibition against cross-examination which it has imposed—

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

(b) on its own initiative.]

Application containing information withheld from another party

23.6

(1) This rule applies where—

(a) an applicant serves an application for the court to impose a prohibition against cross-examination, or for the discharge of such a prohibition; 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 37 of the Youth Justice and Criminal Evidence Act 1999.]

Representations in response

23.7

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

(a) an application under rule 23.4 for a prohibition against cross-examination;

(b) an application under rule 23.5 for the discharge of such a prohibition; 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 prohibition or discharge that the court proposes; and

(3) Representations against a prohibition must explain in what respect the conditions for imposing it are not met.

(4) Representations against the discharge of a prohibition must explain why it should not be discharged.

(5) 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

Court’s power to vary requirements

23.8

(1) The court may—

(a) shorten or extend (even after it has expired) a time limit under rule 23.4 (Application to prohibit cross-examination), rule 23.5 (Application to discharge prohibition imposed by the court) or rule 23.7 (Representations in response); and

(b) allow an application or representations required by any of those rules 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.

PART 24 — TRIAL AND SENTENCE IN A MAGISTRATES’ COURT

Contents of this Part

When this Part applies	rule 24.1
General rules	rule 24.2
Procedure on plea of not guilty	rule 24.3
Evidence of a witness in person	rule 24.4
Evidence of a witness in writing	rule 24.5
Evidence by admission	rule 24.6
Procedure on plea of guilty	rule 24.7
Written guilty plea: special rules	rule 24.8
Single justice procedure: special rules	rule 24.9
Application to withdraw a guilty plea	rule 24.10
Procedure if the court convicts	rule 24.11
Procedure where a party is absent	rule 24.12
Provision of documents for the court	rule 24.13
Duty of justices’ legal adviser	rule 24.14
Duty of court officer and custodian	rule 24.15

[Note. Part 3 contains rules about case management that apply at trial as well as during preparation for trial. The rules in this Part must be read in conjunction with those rules.]

When this Part applies

24.1

(1) This Part applies in a magistrates’ court where the court tries a case or the defendant pleads guilty.

(2) Where the defendant is under 18, in this Part—

(a) a reference to convicting the defendant includes a reference to finding the defendant guilty of an offence; and

(b) a reference to sentence includes a reference to an order made on a finding of guilt.

[Note. A magistrates’ court’s powers to try an allegation of an offence are contained in section 2 of the Magistrates’ Courts Act 1980⁵⁰³. In relation to a defendant under 18, they are contained in sections 45, 46 and 48 of the Children and Young Persons Act 1933⁵⁰⁴.

General rules

24.2

(1) Where this Part applies—

(a) the general rule is that the hearing must be in public; but

(b) the court may exercise any power it has to—

(i) impose reporting restrictions,

(ii) withhold information from the public, or

(iii) order a hearing in private; and

(i) the parties and their legal representatives,

(ii) a defendant’s parents, guardian or other supporting adult,

(iii) a witness,

(iv) anyone else directly concerned in the case, and

(v) a representative of a news-gathering or reporting organisation.

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