The Criminal Procedure (Amendment) Rules 2021

Amendments to the Criminal Procedure Rules

27.  In Part 47 (Investigation orders and warrants)—

(a) in rule 47.1 (When this Part applies) for “47.62 and 47.66” substitute “and 47.63”;

(b) in rule 47.5 (Exercise of court’s powers), for paragraph (1)(b)(ii) substitute—

“(ii) any respondent,”;

(c) in rule 47.6 (Application for order: general rules)—

(i) in paragraph (2)(e), after “respondent,” insert “if any,”,

(ii) in paragraph (2)(f), for “the respondent” substitute “any respondent”,

(iii) in paragraph (3), for “the respondent” substitute “a respondent”, and

(iv) in paragraph (4), for “the respondent” substitute “a respondent”;

(d) in rule 47.7 (Application containing information withheld from a respondent or other person)—

(i) in paragraph (2)(b), for “the respondent” substitute “a respondent” and for “another person” substitute “other person”, and

(ii) in paragraph (3)(a)(i), after “respondent” insert “, if any,”;

(e) in rule 47.8 (Application to vary or discharge an order), in paragraph (1)(b) for “the respondent” substitute “a respondent”;

(f) in rule 47.11 (Application for an order under the Terrorism Act 2000), in paragraph (2)(c) for “the respondent” substitute “any respondent”;

(g) in rule 47.13 (Content of application for a disclosure order or further information order under the Terrorism Act 2000), in paragraph (1)(b) for “the respondent” substitute “a person”;

(h) in rule 47.17 (Application for an order under the Proceeds of Crime Act 2002), in paragraph (2)(a)(i) for “the respondent” substitute “any respondent”;

(i) in rule 47.20 (Content of application for a disclosure order or further information order under the Proceeds of Crime Act 2002), in paragraph (1)(a) for “the respondent” substitute “a person”;

(j) in rule 47.24 (Section 3: Investigation warrants; When this Section applies), at the end of the note to the rule insert—

“For a list of the types of investigation under Part 8 of the Proceeds of Crime Act 2002 and a list of the powers of judges in respect of each type, see the note to rule 47.4 (Section 2: Investigation orders; When this Section applies).”;

(k) omit Section 9 (European investigation orders), comprising rules 47.59 to 47.61 and the notes to those rules;

(l) renumber Section 10 and rules 47.62 to 47.65 as Section 9 and rules 47.59 to 47.62 respectively;

(m) in rule 47.59 as thus renumbered (When this Section applies), in the fourth paragraph of the note to the rule for “47.64” substitute “47.61”;

(n) in rule 47.60 as thus renumbered (Exercise of court’s powers), in paragraph (1) for “47.64” substitute “47.61”;

(o) renumber Section 11 and rules 47.66 to 47.71 as Section 10 and rules 47.63 to 47.68 respectively;

(p) in rule 47.64 as thus renumbered (Exercise of court’s powers), in paragraph (1)—

(i) in paragraph (4)(b), for “47.68” substitute “47.65”, and

(ii) in paragraph (4)(c), for “47.69” substitute “47.66”;

(q) in rule 47.65 as thus renumbered (Application for order), in the fourth paragraph of the note to the rule for “47.67(3)(b)” substitute “47.64(3)(b)”;

(r) in rule 47.66 as thus renumbered (Application to vary or revoke an order)—

(i) in paragraph (4)(b) for “47.68(3)(a)” substitute “47.65(3)(a)”,

(ii) in paragraph (4)(c) for “47.68(3)(j)” substitute “47.65(3)(j)”;

(s) in rule 47.67 as thus renumbered (Application containing information withheld from a respondent or other person), in paragraph (1)—

(i) for “47.68” substitute “47.65”,

(ii) for “47.69” substitute “47.66”; and

(t) amend the table of contents correspondingly.