The Criminal Procedure Rules 2015

Statutory declaration of ignorance of proceedings

24.17.—(1) This rule applies where—

(a) the case started with—

(i) an information and summons,

(ii) a written charge and requisition, or

(iii) a written charge and single justice procedure notice; and

(b) under section 14 or section 16E of the Magistrates’ Courts Act 1980(1), the defendant makes a statutory declaration of not having found out about the case until after the trial began.

(2) The defendant must—

(a) serve such a declaration on the court officer—

(i) not more than 21 days after the date of finding out about the case, or

(ii) with an explanation for the delay, if serving it more than 21 days after that date;

(b) serve with the declaration one of the following, as appropriate, if the case began with a written charge and single justice procedure notice—

(i) a notice under rule 24.9(4)(a) (notice of guilty plea), with any representations that the defendant wants the court to consider and a statement of the defendant’s assets and other financial circumstances, as required by that rule,

(ii) a notice under rule 24.9(4)(b) (notice of intention to plead guilty at a hearing before a court comprising more than one justice), or

(iii) a notice under rule 24.9(4)(c) (notice of intention to plead not guilty).

(3) The court may extend that time limit, even after it has expired—

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

(b) without a hearing.

(4) Where the defendant serves such a declaration, in time or with an extension of time in which to do so, and the case began with a summons or requisition—

(a) the court must treat the summons or requisition and all subsequent proceedings as void (but not the information or written charge with which the case began);

(b) if the defendant is present when the declaration is served, the rules in this Part apply as if the defendant had been required to attend the court on that occasion;

(c) if the defendant is absent when the declaration is served—

(i) the rules in Part 7 apply (Starting a prosecution in a magistrates’ court) as if the prosecutor had just served an information in the same terms as the original information or written charge;

(ii) the court may exercise its power to issue a summons in accordance with those rules; and

(iii) except for rule 24.8 (Written guilty plea: special rules), the rules in this Part then apply.

(5) Where the defendant serves such a declaration, in time or with an extension of time in which to do so, and the case began with a single justice procedure notice—

(a) the court must treat the single justice procedure notice and all subsequent proceedings as void (but not the written charge with which the case began);

(b) rule 24.9 (Single justice procedure: special rules) applies as if the defendant had served the notice required by paragraph (2)(b) of this rule within the time allowed by rule 24.9(4); and

(c) where that notice is under rule 24.9(4)(b) (notice of intention to plead guilty at a hearing before a court comprising more than one justice) or under rule 24.9(4)(c) (notice of intention to plead not guilty), then—

(i) if the defendant is present when the declaration is served, the rules in this Part apply as if the defendant had been required to attend the court on that occasion,

(ii) if the defendant is absent when the declaration is served, paragraph (6) of this rule applies.

(6) Where this paragraph applies, the court must exercise its power to issue a summons and—

(a) the rules in Part 7 apply (Starting a prosecution in a magistrates’ court) as if the prosecutor had just served an information in the same terms as the written charge;

(b) except for rule 24.8 (Written guilty plea: special rules) and rule 24.9 (Single justice procedure: special rules), the rules in this Part apply.

[Note. Under sections 14 and 16E of the Magistrates’ Courts Act 1980, proceedings which begin with a summons, requisition or single justice procedure notice will become void if the defendant, at any time during or after the trial, makes a statutory declaration that he or she did not know of them until a date after the trial began.

Under section 14(3) or section 16E(9) of the 1980 Act, the court which decides whether or not to extend the time limit for serving a declaration under this rule may comprise a single justice.

The Practice Direction sets out a form of declaration for use in connection with this rule.]

(1)

1980 c. 43; section 14 was amended by section 109 of, and paragraph 205 of Schedule 8 to, the Courts Act 2003 (c. 39). Section 16E was inserted by section 48 of the Criminal Justice and Courts Act 2015 (c. 2).