The Criminal Procedure (Amendment No. 2) Rules 2021

Amendments to the Criminal Procedure Rules

8.  In Part 24 (Trial and sentence in a magistrates’ court)—

(a) in rule 24.4 (Evidence of a witness in person)—

(i) for paragraph (3) substitute—

“(3) Before the witness gives evidence—

(a) the party who introduces the witness’ evidence must explain how that evidence is admissible, unless it is only evidence of fact within the witness’ direct knowledge; and

(b) the witness must take an oath or affirm, unless other legislation otherwise provides.”, and

(ii) after the first paragraph of the note to the rule insert—

“Part 19 contains rules about the introduction of evidence of expert opinion. Part 20 contains rules about the introduction of hearsay evidence.”; and

(b) in rule 24.5 (Evidence of a witness in writing)—

(i) renumber paragraph (2) as (3),

(ii) after paragraph (1) insert—

“(2) That party must explain how the evidence is admissible unless it is—

(a) evidence of fact within the direct knowledge of the person who made the written statement served under rule 16.4 (Written witness statement in evidence);

(b) contained in an expert’s report served under rule 19.3 (Introduction of expert evidence); or

(c) identified as hearsay in a notice served under rule 20.2 (Notice to introduce hearsay evidence).”, and

(iii) at the end of the note to the rule insert—

“A written witness statement to which Part 16 applies may only be introduced in evidence if there has been no objection within the time limit to which rule 16.4 refers.

An expert report to which Part 19 applies may only be introduced in evidence if it has been served in accordance with rule 19.3.

Rule 20.3 provides for opposing the introduction of hearsay evidence, including such evidence in a document.

Where a witness gives evidence in person, a previous written statement by that witness may be admissible as evidence under section 119 (Inconsistent statements) or under section 120 (Other previous statements of witnesses) of the Criminal Justice Act 2003(1).”

(1)

2003 c. 44; section 120 was amended by sections 112 and 178 of, and Schedule 23 to, the Coroners and Justice Act 2009 (c. 25).