The Criminal Procedure (Amendment) Rules 2020

Amendments to the Criminal Procedure Rules

8.  In Part 28 (Sentencing procedures in special cases)—

(a) in rule 28.9 (Information to be supplied on admission to hospital or guardianship)—

(i) for the heading to the rule substitute “Information to be supplied on committal to custody or admission to hospital or guardianship”,

(ii) in paragraph (1) renumber sub-paragraphs (a) and (b) as (b) and (c) respectively and before sub-paragraph (b), as thus renumbered, insert—

“(a) orders the defendant’s committal to custody on withholding bail or on sentencing;”

(iii) for paragraph (2) substitute—

“(2) Where paragraph (1)(a) applies, unless the court otherwise directs the court officer must, as soon as practicable, serve on or make available to the custodian any psychiatric, psychological or other medical report about the defendant received by the court for the purposes of the case.

(3) Where paragraph (1)(b) or (c) applies, unless the court otherwise directs the court officer must, as soon as practicable, serve on or make available to (as applicable) the hospital or the guardian—

(a) a record of the court’s order;

(b) such information as the court has received that appears likely to assist in treating or otherwise dealing with the defendant, including information about—

(i) the defendant’s mental condition,

(ii) the defendant’s other circumstances, and

(iii) the circumstances of the offence.”, and

(iv) before the first paragraph of the note to the rule insert—

“Rule 13.3 provides for the terms of a warrant for detention or imprisonment. Rule 13.4 provides for the information that such a warrant must contain.”; and

(b) amend the table of contents correspondingly.