The Criminal Procedure Rules 2013

Exercise of court’s powers

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

(a) impose reporting restrictions;

(b) withhold information from the public; or

(c) order a hearing in private.

(2) The general rule is that the court must exercise its powers in the defendant’s presence, but it may do so in the defendant’s absence where—

(a) the court discharges the defendant; or

(b) the defendant is represented and the defendant’s presence is impracticable by reason of his or her—

(i) ill health, or

(ii) disorderly conduct.

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

(a) if either party asks, or on its own initiative; and

(b) in particular—

(i) to allow there to be obtained information that the court requires,

(ii) following a provisional arrest under Part 1 of the Extradition Act 2003, pending receipt of the warrant,

(iii) following a provisional arrest under Part 2 of the Act, pending receipt of the extradition request,

(iv) if the court is informed that the defendant is serving a custodial sentencing in the United Kingdom,

(v) if it appears to the court that the defendant is not fit to be extradited, unless the court discharges the defendant for that reason, or

(vi) where a court dealing with a warrant to which Part 1 of the Act applies is informed that another such warrant has been received in the United Kingdom.

(4) The court must exercise its power to adjourn if informed that the defendant has been charged with an offence in the United Kingdom.

(5) The general rule is that, before exercising a power to which this Part applies, the court must give each party an opportunity to make representations, unless that party is absent deliberately.

[Note. See sections 8A, 8B, 9, 22, 23, 25 and 44 of the Extradition Act 2003(1) (powers in relation to extradition under Part 1 of the Act) and sections 76A, 76B, 77, 88, 89 and 91 of the Act(2) (powers in relation to extradition under Part 2 of the Act).

Under sections 206A to 206C of the 2003 Act(3), the court may require a defendant to attend by live link a preliminary hearing to which rule 17.5, 17.9 or 17.11 applies, and any hearing for the purposes of rule 17.12.

Part 16 contains rules about reporting and access restrictions.]

(1)

2003 c. 41; sections 8A and 8B were inserted by section 69 of the Policing and Crime Act 2009 (c. 26). Sections 9 and 44 were amended by paragraph 16 of Schedule 13 to the Police and Justice Act 2006 (c. 48). Section 22 was amended by section 71 of the Policing and Crime Act 2009 (c. 26). Section 23 was amended by paragraph 7 of Schedule 13 to the Police and Justice Act 2006 (c. 48) and section 71 of the Policing and Crime Act 2009 (c. 26).

(2)

2003 c. 41; sections 76A and 76B were inserted by section 70 of the Policing and Crime Act 2009 (c. 26). Section 77 was amended by paragraph 16 of Schedule 13 to the Police and Justice Act 2006 (c. 48). Section 88 was amended by section 71 of the Policing and Crime Act 2009 (c. 26). Section 89 was amended by paragraph 7 of Schedule 13 to the Police and Justice Act 2006 (c. 48) and section 71 of the Policing and Crime Act 2009 (c. 26).

(3)

2003 c. 41; sections 206A, 206B and 206C were inserted by section 78 of the Policing and Crime Act 2009 (c. 26).