The Criminal Procedure (Amendment No. 2) Rules 2022

Amendments to the Criminal Procedure Rules

10.  In Part 10 (The indictment), in rule 10.2 (The indictment: general rules)—

(a) in paragraph (5)(b)(i), for “rule 3.32(1)(d)” substitute “rule 3.32(1)(e)”;

(b) at the end of paragraph (5)(b)(ii) omit “or”;

(c) at the end of paragraph (5)(b)(iii) insert “or”;

(d) after paragraph (5)(b)(iii) insert—

“(iv) when the prosecutor serves on the Crown Court officer a draft indictment to which rule 25.16(3)(e) applies (substituted indictment for sentencing purposes).”; and

(e) for paragraph (6) substitute—

“(6) An indictment—

(a) must be in one of the forms set out in the Practice Direction unless—

(i) rule 10.3 applies, or

(ii) the Crown Court otherwise directs; and

(b) must include at the head of the document in which it is set out the date of that document and a statement that it contains, as appropriate—

(i) the first indictment in the case,

(ii) a proposed amended indictment,

(iii) a substituted indictment,

(iv) an additional indictment,

(v) a trial indictment, or

(vi) an indictment required by rule 25.16(3)(e) (substituted indictment for sentencing purposes).”