The Criminal Procedure (Amendment) Rules 2008

Citation, commencement and interpretation

1.  These rules may be cited as The Criminal Procedure (Amendment) Rules 2008 and shall come into force on 6th October 2008.

2.  In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in The Criminal Procedure Rules 2005(1).

Amendments to the Criminal Procedure Rules 2005

3.  In Part 2 (Understanding and applying the Rules), in the table of contents—

(a) at the end of the first column, insert “Representatives”; and

(b) at the end of the second column, insert “rule 2.5”.

4.  After rule 2.1(10) (When the Rules apply), insert—

“(11) The rules in Part 7 apply in cases in which on or after 6th October 2008—

(a) a prosecutor serves an information on the court officer or presents it to a magistrates' court;

(b) a public prosecutor issues a written charge; or

(c) a person who is in custody is charged with an offence.

In other cases the rules replaced by those rules apply.

(12) The rules in Part 63 apply in cases in which the decision that is the subject of the appeal, or reference, to which that Part applies is made on or after 6th October 2008. In other cases the rules replaced by those rules apply.”.

5.  After rule 2.4 (The glossary), insert—

“Representatives

2.5.— (1) Under these Rules, unless the context makes it clear that something different is meant, anything that a party may or must do may be done—

(a) by a legal representative on that party’s behalf;

(b) by a person with the corporation’s written authority, where that party is a corporation;

(c) with the help of a parent, guardian or other suitable supporting adult where that party is a defendant—

(i) who is under 18, or

(ii) whose understanding of what the case involves is limited.

(2) Anyone with a prosecutor’s authority to do so may, on that prosecutor’s behalf—

(a) serve on the magistrates' court officer, or present to a magistrates' court, an information under section 1 of the Magistrates' Courts Act 1980(2); or

(b) issue a written charge and requisition under section 29 of the Criminal Justice Act 2003(3).

• [Note. See also section 122 of the Magistrates' Courts Act 1980(4). A party’s legal representative must be entitled to act as such under section 27 or 28 of the Courts and Legal Services Act 1990(5).

• Section 33(6) of the Criminal Justice Act 1925(6), section 46 of the Magistrates' Courts Act 1980(7) and Schedule 3 to that Act(8) provide for the representation of a corporation.

• Part 7 contains rules about starting a prosecution.]”.

6.  In rule 4.4(2)(b) (Service by leaving or posting a document), omit “in England and Wales” in both places it occurs.

7.  After rule 4.4 (Service by leaving or posting a document), insert—

• “[Note. In addition to service in England and Wales for which these rules provide, service outside England and Wales may be allowed under other legislation. See—

  (a)

  section 39 of the Criminal Law Act 1977(9) (service of summons, etc. in Scotland and Northern Ireland);

  (b)

  section 725(3) of the Companies Act 1985(10) and section 1139(4) of the Companies Act 2006(11) (service of copy summons, etc. on company’s registered office in Scotland and Northern Ireland);

  (c)

  sections 3, 4, 4A and 4B of the Crime (International Co-operation) Act 2003(12) (service of summons, etc. outside the United Kingdom) and rules 32.1 and 32.2; and

  (d)

  section 695(1) and (2) of the Companies Act 1985(13) and section 1139(2) of the Companies Act 2006 (service on overseas company).]”.

8.  For Part 7 (Commencing proceedings in magistrates' courts), substitute the Part as set out in Schedule 1 to these Rules.

9.  In Part 37 (Summary trial), in the table of contents—

(a) in the first column—

(i) after “Order of evidence and speeches: complaint”, insert “Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980”,

(ii) after “Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980”, insert “Notice of order under section 25 of the Road Traffic Offenders Act 1988”, and

(iii) after “Notice of order under section 25 of the Road Traffic Offenders Act 1988”, insert “Duty of court officer receiving statutory declaration under section 14(1) of the Magistrates' Courts Act 1980”;

(b) in the second column—

(i) after “rule 37.8”, insert “rule 37.9”,

(ii) after “rule 37.9”, insert “rule 37.10”, and

(iii) after “rule 37.10”, insert “rule 37.11”.

10.  In Part 37 (Summary trial), after rule 37.8, insert—

“Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980

37.9.   Where the prosecutor notifies a magistrates' court officer that the documents mentioned in section 12(1)(a) and 12(1)(b) of the Magistrates' Courts Act 1980(14) have been served upon the accused, the prosecutor shall send to the court officer a copy of the documents mentioned in section 12(1)(b).

• [Note. Formerly rule 7.9 of these Rules, which derived from rule 73 of The Magistrates' Courts Rules 1981. Section 12 of the Magistrates' Courts Act 1980 applies where a summons has been issued requiring a person to appear before a magistrates' court, other than a youth court, to answer an information for a summary offence punishable with not more than 3 months' imprisonment. The documents mentioned in section 12(1)(b) are: a notice stating the effect of section 12, and either a statement of the facts to be placed before the court if the accused pleads guilty by post, or copies of the statements of the prosecution witnesses.]

Notice of order under section 25 of the Road Traffic Offenders Act 1988

37.10.   Where a magistrates' court makes an order under section 25 of the Road Traffic Offenders Act 1988(15) that an offender shall inform the court of his date of birth or sex or both and the offender is not present in court, the court officer shall serve notice in writing of the order on the offender.

• [Note: Formerly rule 7.5 of these Rules, which derived from rule 108 of The Magistrates' Courts Rules 1981.]

Duty of court officer receiving statutory declaration under section 14(1) of the Magistrates' Courts Act 1980

37.11.   Where a magistrates' court officer receives a statutory declaration which complies with section 14(1) of the Magistrates' Courts Act 1980(16) (accused did not know of proceedings), he shall—

(a) note the receipt of the declaration in the register; and

(b) inform the prosecutor and, if the prosecutor is not a constable, the chief officer of police, of the receipt of the declaration.

• [Note: Formerly rule 7.4 of these Rules, which derived from rule 20 of The Magistrates' Courts Rules 1981. As to the requirement to keep a register, see rule 6.1.]”.

11.  In rule 44.1(2)(d) (Procedure after finding against minor in a magistrates' court), omit “local education authority,”.

12.  Part 55 (Road traffic penalties), in the table of contents—

(a) at the end of the first column, insert “Statutory declaration under section 72 or 73 of the Road Traffic Offenders Act 1988”; and

(b) at the end of the second column, insert “rule 55.4”.

13.  In Part 55 (Road traffic penalties), after rule 55.3, insert—

“Statutory declaration under section 72 or 73 of the Road Traffic Offenders Act 1988

55.4.   Where a magistrates' court officer receives a statutory declaration under section 72(17) or 73(18) of the Road Traffic Offenders Act 1988 (fixed penalty notice or notice fixed to vehicle invalid) he shall send a copy of it to the appropriate chief officer of police.

• [Note. Formerly rule 7.6 of these Rules, which derived from rule 112 of The Magistrates' Courts Rules 1981.]”.

14.  For Part 63 (Appeal to the Crown Court), substitute the Part as set out in Schedule 2 to these Rules.

15.  In the note after rule 65.1 (When this Part applies), after “2006;”, insert “The Serious Crime Act 2007 (Appeals under Section 24) Order 2008(19);”.

16.  In rule 65.5(1) (Renewing an application refused by a judge or the Registrar), after “party”, insert “with the right to do so”.

17.  In the note after rule 65.5 (Renewing an application refused by a judge or the Registrar), after “1968”, in the first place it occurs, insert—

• “, The Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005(20), The Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 2006(21) and The Serious Crime Act 2007 (Appeals under Section 24) Order 2008.

• A party has no right under section 31C of the 1968 Act(22) to renew to the Court of Appeal an application for procedural directions refused by a judge, but in some circumstances a case management direction may be varied: see rule 3.6”.

18.  For rule 65.11 (Registrar’s duty to provide copy documents for appeal or reference), substitute—

• “Unless the court otherwise directs, for the purposes of an appeal or reference—

  (a)

  the Registrar must—

  (i)

  provide a party with a copy of any document or transcript held by the Registrar for such purposes, or

  (ii)

  allow a party to inspect such a document or transcript,

  on payment by that party of any charge fixed by the Treasury; but

  (b)

  the Registrar must not provide a copy or allow the inspection of—

  (i)

  a document provided only for the court and the Registrar, or

  (ii)

  a transcript of a public interest ruling or of an application for such a ruling.”.

19.  In the note after rule 66.6 (Powers of Court of Appeal judge), for “53(4) of the Supreme Court Act 1981(23)” substitute “31 of the Criminal Appeal Act 1968(24)”.

20.  In rule 68.1(1)(f) (When this Part applies), for “a person wants to appeal to the Court of Appeal under section 24 of the Serious Crime Act 2007(25)” substitute—

“a person wants to appeal to the Court of Appeal under—

(i) section 24 of the Serious Crime Act 2007, or

(ii) regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 1986(26)”.

21.  In the note after rule 68.1 (When this Part applies), after “serious crime prevention order”, in the second place it occurs, insert—

• “Under regulation 3C of the Costs in Criminal Cases (General) Regulations 1986, a legal representative against whom the Crown Court makes a wasted costs order under section 19A of the Prosecution of Offences Act 1985(27) and regulation 3B may appeal against that order to the Court of Appeal.

• Under regulation 3H of the Costs in Criminal Cases (General) Regulations 1986, a third party against whom the Crown Court makes a costs order under section 19B of the Prosecution of Offences Act 1985(28) and regulation 3F may appeal against that order to the Court of Appeal.”.

22.  In rule 68.2(1) (Service of appeal notice), for paragraph (b) substitute—

“(b) not more than—

(i) 28 days after that occurred, or

(ii) 21 days after the order, in a case in which the appellant appeals against a wasted or third party costs order.”.

23.  In the note after rule 68.3 (Form of appeal notice), for—

• “the appellant appeals against a finding of contempt of court

• the Crown Court Judge certifies under section 1(2)(a), 11(1A), 12(b), 15(2)(b) or 16A(2)(b) of the Criminal Appeal Act 1968(29), under section 81(1B) of the Supreme Court Act 1981(30), or under section 14A(5B) of the Football Spectators Act 1989(31) that a case is fit for appeal.”

• substitute—

  • “the appellant appeals against—

  • a finding of contempt of court

  • a wasted or third party costs order

  • the Crown Court judge certifies under sections 1(2)(a), 11(1A), 12(b), 15(2)(b) or 16A(2)(b) of the Criminal Appeal Act 1968, under section 81(1B) of the Supreme Court Act 1981, under section 14A(5B) of the Football Spectators Act 1989 or under section 24(4) of the Serious Crime Act 2007(32), that a case is fit for appeal.”.

24.  In the note after rule 68.4 (Crown Court judge’s certificate that case is fit for appeal)—

(a) after “1981”, for “or” substitute “,”; and

(b) after “1989”, insert “or under section 24(4) of the Serious Crime Act 2007”.

25.  In rule 78.1 (Crown Court’s jurisdiction to award costs in appeal from magistrates' court)—

(a) omit paragraph (3); and

(b) in paragraph (4), omit “not being an appeal to which paragraph (3) applies”.

Phillips of Worth Matravers, C.J.

Sir Igor Judge, P.

Hooper, L.J.

Openshaw, J.

Charles Wide

Roderick Denyer

Stephen Dawson

Nicholas Moss

Andrew Mimmack

Sir Kenneth Macdonald

David Fisher

Tom Little

Graham White

Derek French

Martin Baker

James Riches

I allow these Rules which shall come into force on 6th October 2008.

Jack Straw

Lord Chancellor

21st July 2008