Statutory Instruments
Senior Courts Of England And Wales
Magistrates’ Courts, England And Wales
Made
11th January 2010
Laid before Parliament
29th January 2010
Coming into force
5th April 2010
The Criminal Procedure Rule Committee—
(a)revokes the Criminal Procedure Rules 2005(1) and makes the following Rules under section 69 of the Courts Act 2003(2), after consulting in accordance with section 72(1)(a) of that Act; and
(b)in making the Rules listed in the first column of this table, exercises also the powers listed in the corresponding entry in the second column—
| Rule | Power |
|---|---|
| 5.7 | Section 145(1)(c) of the Magistrates’ Courts Act 1980(3) |
| Part 6, sections 1, 2 and 3 | Paragraph 10 of Schedule 5, paragraph 4 of Schedule 6, and paragraph 5 of Schedule 6A to the Terrorism Act 2000(4) |
| Part 6, sections 1, 2 and 4 | Sections 351(2), 362(2), 369(2) and 375(1) of the Proceeds of Crime Act 2002(5) |
| 6.26 | Section 74(3) of the Senior Courts Act 1981(6) |
| 10.4 | Paragraph 4 of Schedule 2 to the Criminal Procedure and Investigations Act 1996(7) |
| 33.4 | Section 81 of the Police and Criminal Evidence Act 1984(8) and section 20(3) of the Criminal Procedure and Investigations Act 1996(9) |
| 34.3 | Section 132(4) of the Criminal Justice Act 2003(10) |
| 57.7, 61.6, 61.8 and 61.9 | Section 91 of the Proceeds of Crime Act 2002(11) |
| 63.10 | Sections 73(2) and 74(2), (3) and (4) of the Senior Courts Act 1981(12) |
| 76.6 | Section 52 of the Senior Courts Act 1981(13) |
These rules may be cited as the Criminal Procedure Rules 2010 and shall come into force on 5th April 2010.
S.I. 2005/384; amended by S.I. 2006/353, 2006/2636, 2007/699, 2007/2317, 2007/3662, 2008/2076, 2008/3269 and 2009/2087.
2003 c. 39; section 69 was amended by sections 15(1) and 146 of, and paragraphs 308 and 332 of Schedule 4 and Part 2 of Schedule 18 to, the Constitutional Reform Act 2005 (c. 4).
2000 c. 11; paragraph 10 of Schedule 5 was amended by section 109(1) of, and paragraph 389 of Schedule 8 to, the Courts Act 2003 (c. 39) and it is further amended by section 65 of, and paragraph 9 of Schedule 4 to, the Courts Act 2003 (c. 39), with effect from a date to be appointed. Paragraph 4 of Schedule 6 was amended by section 109(1) of, and paragraph 390 of Schedule 8 to, the Courts Act 2003 (c. 39). Schedule 6A was inserted by section 3 of, and paragraph 1(1) and (3) of Part 1 of Schedule 2 to, the Anti-terrorism, Crime and Security Act 2001 (c. 24).
1981 c. 54; section 74(3) was amended by article 3 of, and paragraphs 11 and 12(c) of the Schedule to, S.I. 2004/2035. The Act’s title was amended by section 59(5) of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).
1996 c. 25; paragraph 4 of Schedule 2 was amended by section 109(1) of, and paragraph 380 of Schedule 8 to, the Courts Act 2003 (c. 39). Schedule 2 is repealed by paragraph 66 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.
1984 c. 60; section 81 was amended by section 109(1) of, and paragraph 286 of Schedule 8 to, the Courts Act 2003 (c. 39).
1996 c. 25; section 20(3) was amended by section 109(1) of, and paragraph 378 of Schedule 8 to, the Courts Act 2003 (c. 39).
2002 c. 29; section 91 was amended by section 109(1) of, and paragraph 410 of Schedule 8 to, the Courts Act 2003 (c. 39).
1981 c. 54; section 73(2) was amended by article 3 of, and paragraphs 11 and 12(b) of the Schedule to, S.I. 2004/2035. Section 74(2) and (3) was amended by article 3 of, and paragraphs 11 and 12(c) of the Schedule to, S.I. 2004/2035.
1981 c. 54; section 52 was amended by section 31 of, and Part II of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23), section 4 of the Courts and Legal Services Act 1990 (c. 41), article 3 and paragraphs 11 and 12(a) of the Schedule to S.I. 2004/2035 and section 59 of, and paragraph 26 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).