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The Criminal Procedure Rules 2011 (revoked)

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  1. Introductory Text

  2. PART 1 THE OVERRIDING OBJECTIVE

    1. 1.1.The overriding objective

    2. 1.2.The duty of the participants in a criminal case

    3. 1.3.The application by the court of the overriding objective

  3. PART 2 UNDERSTANDING AND APPLYING THE RULES

    1. 2.1.When the Rules apply

    2. 2.2.Definitions

    3. 2.3.References to Acts of Parliament and to Statutory Instruments

    4. 2.4.The glossary

    5. 2.5.Representatives

  4. PART 3 CASE MANAGEMENT

    1. 3.1.The scope of this Part

    2. 3.2.The duty of the court

    3. 3.3.The duty of the parties

    4. 3.4.Case progression officers and their duties

    5. 3.5.The court's case management powers

    6. 3.6.Application to vary a direction

    7. 3.7.Agreement to vary a time limit fixed by a direction

    8. 3.8.Case preparation and progression

    9. 3.9.Readiness for trial or appeal

    10. 3.10.Conduct of a trial or an appeal

    11. 3.11.Case management forms and records

  5. PART 4 SERVICE OF DOCUMENTS

    1. 4.1.When this Part applies

    2. 4.2.Methods of service

    3. 4.3.Service by handing over a document

    4. 4.4.Service by leaving or posting a document

    5. 4.5.Service through a document exchange

    6. 4.6.Service by electronic means

    7. 4.7.Documents that must be served by specified methods

    8. 4.8.Service by person in custody

    9. 4.9.Service by another method

    10. 4.10.Date of service

    11. 4.11.Proof of service

    12. 4.12.Court's power to give directions about service

  6. PART 5 FORMS AND COURT RECORDS

    1. SECTION 1: FORMS

      1. 5.1.Forms

      2. 5.2.Forms in Welsh

      3. 5.3.Signature of forms

    2. SECTION 2: COURT RECORDS

      1. 5.4.Duty to make records

      2. 5.5.Recording and transcription of proceedings in the Crown Court

      3. 5.6.Custody of case materials

      4. 5.7.Supply to a party of information or documents from records or case materials

      5. 5.8.Supply to the public, including reporters, of information about a case

      6. 5.9.Supply of written certificate or extract from records

  7. PART 6 INVESTIGATION ORDERS

    1. SECTION 1: UNDERSTANDING AND APPLYING THIS PART

      1. 6.1.When this Part applies

      2. 6.2.Meaning of ‘court’, ‘applicant’ and ‘respondent’

    2. SECTION 2: GENERAL RULES

      1. 6.3.Exercise of court's powers

      2. 6.4.Court's power to vary requirements under this Part

      3. 6.5.Custody of documents

    3. SECTION 3: ORDERS UNDER THE TERRORISM ACT 2000

      1. [Note. The rules in Section 2 (general rules) also apply.]...

      2. 6.6.Application for an order under the Terrorism Act 2000

      3. 6.7.Content of application for a production etc. order

      4. 6.8.Content of application for an explanation order

      5. 6.9.Content of application for a customer information order

      6. 6.10.Content of application for an account monitoring order

      7. 6.11.Application to vary or discharge an order

      8. 6.12.Application containing information withheld from a respondent or other person

      9. 6.13.Application to punish for contempt of court

    4. SECTION 4: ORDERS UNDER THE PROCEEDS OF CRIME ACT 2002

      1. [Note. The rules in Section 2 (general rules) also apply.]...

      2. 6.14.Application for an order under the Proceeds of Crime Act 2002

      3. 6.15.Content of application for a production order

      4. 6.16.Content of application for an order to grant entry

      5. 6.17.Content of application for a disclosure order

      6. 6.18.Content of application for a customer information order

      7. 6.19.Content of application for an account monitoring order

      8. 6.20.Application to vary or discharge an order

      9. 6.21.Application containing information withheld from a respondent or other person

      10. 6.22.Application to punish for contempt of court

    5. SECTION 5: ORDERS UNDER THE CORONERS AND JUSTICE ACT 2009

      1. [Note. Rule 6.5 (custody of documents) also applies.]

      2. 6.23.Exercise of court's powers

      3. 6.24.Application for an investigation anonymity order

      4. 6.25.Application to discharge an investigation anonymity order

      5. 6.26.Appeal

  8. PART 7 STARTING A PROSECUTION IN A MAGISTRATES' COURT

    1. 7.1.When this Part applies

    2. 7.2.Information and written charge

    3. 7.3.Allegation of offence in information or charge

    4. 7.4.Summons, warrant and requisition

  9. PART 8 DISCONTINUING A PROSECUTION

    1. 8.1.When this Part applies

    2. 8.2.Discontinuing a case

    3. 8.3.Defendant's notice to continue

  10. PART 9 ALLOCATION AND SENDING FOR TRIAL

    2. SECTION 1: GENERAL RULES

      1. 9.1.When this Part applies

      2. 9.2.Exercise of magistrates’ court’s powers

      3. 9.3.Matters to be specified on sending for trial

      4. 9.4.Duty of justices’ legal adviser

      5. 9.5.Duty of magistrates’ court officer

    3. SECTION 2: SENDING WITHOUT ALLOCATION FOR CROWN COURT TRIAL

      1. 9.6.Prosecutor’s notice requiring Crown Court trial

      2. 9.7.Sending for Crown Court trial

    4. SECTION 3: ALLOCATION FOR MAGISTRATES’ COURT OR CROWN COURT TRIAL

      1. [Note. The rules in this Section apply only in a...

      2. 9.8.Adult defendant: request for plea

      3. 9.9.Adult defendant: guilty plea

      4. 9.10.Adult defendant: not guilty plea

      5. 9.11.Adult defendant: allocation for magistrates’ court trial

      6. 9.12.Adult defendant: prosecutor’s application for Crown Court trial

      7. 9.13.Young defendant

      8. 9.14.Allocation and sending for Crown Court trial

    5. SECTION 4: CROWN COURT INITIAL PROCEDURE AFTER SENDING FOR TRIAL

      1. 9.15.Service of prosecution evidence

  11. PART 10 COMMITTAL FOR TRIAL

    1. 10.1.Restrictions on reports of committal proceedings

    2. 10.2.Committal for trial without consideration of the evidence

    3. 10.3.Consideration of evidence at committal proceedings

    4. 10.4.Objection to committal statements being read at trial

    5. 10.5.Material to be sent to court of trial

  12. PART 11 TRANSFER FOR TRIAL OF SERIOUS FRAUD CASES OR CASES INVOLVING CHILDREN

    1. 11.1.Interpretation of this Part

    2. 11.2.Transfer on bail

    3. 11.3.Notice where person removed to hospital

    4. 11.4.Variation of arrangements for bail

    5. 11.5.Documents to be sent to the Crown Court

  13. PART 12 ...

    1. 12.1.Documents to be sent to the Crown Court

    2. 12.2.Time for first appearance of accused sent for trial

  14. PART 13 DISMISSAL OF CHARGES TRANSFERRED OR SENT TO THE CROWN COURT

    1. 13.1.Interpretation of this Part

    2. 13.2.Written notice of oral application for dismissal

    3. 13.3.Written application for dismissal

    4. 13.4.Prosecution reply

    5. 13.5.Determination of applications for dismissal

  15. PART 14 THE INDICTMENT

    1. [Note. See also sections 3, 4 and 5 of the...

    2. 14.1.Service and signature of indictment

    3. 14.2.Form and content of indictment

  16. PART 15 PREPARATORY HEARINGS IN THE CROWN COURT

    1. 15.1.When this Part applies

    2. 15.2.Exercise of court's powers

    3. 15.3.Application for preparatory hearing

    4. 15.4.Application containing information withheld from a defendant

    5. 15.5.Representations in response

    6. 15.6.Commencement of preparatory hearing

    7. 15.7.Court's power to vary requirements

  17. PART 16 REPORTING, ETC. RESTRICTIONS

    1. SECTION 1: GENERAL RULES

      1. 16.1.When this Part applies

      2. 16.2.Exercise of court's powers to which this Part applies

      3. 16.3.Court's power to vary requirements under this Part

    2. SECTION 2: REPORTING AND ACCESS RESTRICTIONS

      1. 16.4.Reporting and access restrictions

      2. 16.5.Varying or removing restrictions

      3. 16.6.Trial in private

      4. 16.7.Representations in response

      5. 16.8.Order about restriction or trial in private

    3. SECTION 3: SOUND RECORDING AND ELECTRONIC COMMUNICATION

      1. 16.9.Sound recording and electronic communication

      2. 16.10.Forfeiture of unauthorised sound recording

  18. PART 17 EXTRADITION

    1. 17.1.Refusal to make an order of committal

    2. 17.2.Notice of waiver

    3. 17.3.Notice of consent

    4. 17.4.Notice of consent (parties to 1995 Convention)

    5. 17.5.Consent to early removal to Republic of Ireland

    6. 17.6.Bail pending removal to Republic of Ireland

    7. 17.7.Delivery of warrant issued in Republic of Ireland

    8. 17.8.Verification of warrant etc. issued in Republic of Ireland

    9. 17.9.Application to state a case where court declines to order removal to Republic of Ireland

    10. 17.10.Draft case where court declines to order removal to Republic of Ireland

    11. 17.11.Forms for proceedings for removal to Republic of Ireland

  19. PART 18 WARRANTS FOR ARREST, DETENTION OR IMPRISONMENT

    1. [Note. Part 52 contains rules about warrants to take goods...

    2. 18.1.When this Part applies

    3. 18.2.Terms of a warrant for arrest

    4. 18.3.Terms of a warrant for detention or imprisonment

    5. 18.4.Information to be included in a warrant

    6. 18.5.Execution of a warrant

    7. 18.6.Warrants that cease to have effect on payment

    8. 18.7.Warrant issued when the court office is closed

  20. PART 19 BAIL IN MAGISTRATES' COURTS AND THE CROWN COURT

    1. 19.1.Application to a magistrates' court to vary conditions of bail

    2. 19.2.Application to a magistrates' court to reconsider grant of police bail

    3. 19.3.Notice of change of time for appearance before magistrates' court

    4. 19.4.Directions by a magistrates' court as to security, etc

    5. 19.5.Requirements to be complied with before release on bail granted by a magistrates' court

    6. 19.6.Notice to governor of prison, etc, where release from custody is ordered by a magistrates' court

    7. 19.7.Release when notice received by governor of prison that recognizances have been taken or requirements complied with

    8. 19.8.Notice from a magistrates' court of enlargement of recognizances

    9. 19.9.Further remand by a youth court

    10. 19.10.Notes of argument in magistrates' court bail hearings

    11. 19.11.Bail records to be entered in register of a magistrates' court

    12. 19.12.Notification of bail decision by a magistrate after arrest while on bail

    13. 19.13.Transfer of remand hearings

    14. 19.14.Notice of further remand in certain cases

    15. 19.15.Cessation of transfer direction

    16. 19.16.Lodging an appeal against a grant of bail by a magistrates' court

    17. 19.17.Crown Court procedure on appeal against grant of bail by a magistrates' court

    18. 19.18.Application or appeal to the Crown Court relating to bail

    19. 19.19.Notice to governor of prison of committal on bail

    20. 19.20.Notices on committal of person subject to transfer direction

    21. 19.21.Variation of arrangements for bail on committal to the Crown Court

    22. 19.22.Conditions attached to bail granted by the Crown Court

    23. 19.23.Estreat of recognizances in respect of person bailed to appear before the Crown Court

    24. 19.24.Forfeiture of recognizances in respect of person bailed to appear before the Crown Court

    25. 19.25.Grant of bail subject to a condition of residence

    26. 19.26.Grant of bail subject to electronic monitoring requirements

    27. 19.27.Grant of bail subject to accommodation or support requirements

  21. PART 20 CUSTODY TIME LIMITS

    1. 20.1.Appeal to the Crown Court against decision in respect of a custody time limit

    2. 20.2.Hearing of application or appeal to the Crown Court

  22. PART 21 INITIAL DETAILS OF THE PROSECUTION CASE

    1. 21.1.When this Part applies

    2. 21.2.Providing initial details of the prosecution case

    3. 21.3.Content of initial details

  23. PART 22 DISCLOSURE

    1. 22.1.When this Part applies

    2. 22.2.Prosecution disclosure

    3. 22.3.Prosecutor's application for public interest ruling

    4. 22.4.Defence disclosure

    5. 22.5.Defendant's application for prosecution disclosure

    6. 22.6.Review of public interest ruling

    7. 22.7.Defendant's application to use disclosed material

    8. 22.8.Unauthorised use of disclosed material

    9. 22.9.Court's power to vary requirements under this Part

  24. PART 23

    1. . . . . . . . . . ....

  25. PART 24

    1. . . . . . . . . . ....

  26. PART 25

    1. . . . . . . . . . ....

  27. PART 26

    1. . . . . . . . . . ....

  28. PART 27 WITNESS STATEMENTS

    1. 27.1.When this Part applies

    2. 27.2.Content of written statement

    3. 27.3.Reference to exhibit

    4. 27.4.Written statement in evidence

  29. PART 28 WITNESS SUMMONSES, WARRANTS AND ORDERS

    1. [Note. A magistrates' court may require the attendance of a...

    2. See Part 3 for the court's general powers to consider...

    3. 28.1.When this Part applies

    4. 28.2.Issue etc. of summons, warrant or order with or without a hearing

    5. 28.3.Application for summons, warrant or order: general rules

    6. 28.4.Written application: form and service

    7. 28.5.Application for summons to produce a document, etc.: special rules

    8. 28.6.Application for summons to produce a document, etc.: court's assessment of relevance and confidentiality

    9. 28.7.Application to withdraw a summons, warrant or order

    10. 28.8.Court's power to vary requirements under this Part

  30. PART 29 MEASURES TO ASSIST A WITNESS OR DEFENDANT TO GIVE EVIDENCE

    1. SECTION 1: UNDERSTANDING AND APPLYING THIS PART

      1. 29.1.When this Part applies

      2. 29.2.Meaning of ‘witness’

    2. SECTION 2: GENERAL RULES

      1. 29.3.Making an application for a direction or order

      2. 29.4.Decisions and reasons

      3. 29.5.Court's power to vary requirements under this Part

      4. 29.6.Custody of documents

      5. 29.7.Declaration by intermediary

    3. SECTION 3: SPECIAL MEASURES DIRECTIONS

      1. [Note. The rules in Section 2 (general rules) also apply.]...

      2. 29.8.Exercise of court's powers

      3. 29.9.Special measures direction for a young witness

      4. 29.10.Content of application for a special measures direction

      5. 29.11.Application to vary or discharge a special measures direction

      6. 29.12.Application containing information withheld from another party

      7. 29.13.Representations in response

    4. SECTION 4: DEFENDANT'S EVIDENCE DIRECTIONS

      1. [Note. The rules in Section 2 (general rules) also apply.]...

      2. 29.14.Exercise of court's powers

      3. 29.15.Content of application for a defendant's evidence direction

      4. 29.16.Application to vary or discharge a defendant's evidence direction

      5. 29.17.Representations in response

    5. SECTION 5: WITNESS ANONYMITY ORDERS

      1. [Note. The rules in Section 2 (general rules) also apply.]...

      2. 29.18.Exercise of court's powers

      3. 29.19.Content and conduct of application for a witness anonymity order

      4. 29.20.Duty of court officer to notify the Director of Public Prosecutions

      5. 29.21.Application to vary or discharge a witness anonymity order

      6. 29.22.Representations in response

    6. SECTION 6: LIVE LINK DIRECTIONS

      1. [Note. The rules in Section 2 (general rules) also apply....

      2. 29.23.Exercise of court's powers

      3. 29.24.Content of application for a live link direction

      4. 29.25.Application to discharge a live link direction

      5. 29.26.Representations in response

  31. PART 30

    1. . . . . . . . . . ....

  32. PART 31 RESTRICTION ON CROSS-EXAMINATION BY A DEFENDANT ACTING IN PERSON

    1. 31.1.Restrictions on cross-examination of witness

    2. 31.2.Appointment of legal representative by the court

    3. 31.3.Appointment arranged by the accused

    4. 31.4.Prohibition on cross-examination of witness

  33. PART 32 INTERNATIONAL CO-OPERATION

    1. 32.1.Notice required to accompany process served outside the United Kingdom and translations

    2. 32.2.Proof of service outside the United Kingdom

    3. 32.3.Supply of copy of notice of request for assistance abroad

    4. 32.4.Persons entitled to appear and take part in proceedings before a nominated court, and exclusion of the public

    5. 32.5.Record of proceedings to receive evidence before a nominated court

    6. 32.6.Interpreter for the purposes of proceedings involving a television or telephone link

    7. 32.7.Record of television link hearing before a nominated court

    8. 32.8.Record of telephone link hearing before a nominated court

    9. 32.9.Overseas record

    10. 32.10.Overseas freezing orders

  34. PART 33 EXPERT EVIDENCE

    1. [Note. For the use of an expert report as evidence,...

    2. 33.1.Reference to expert

    3. 33.2.Expert's duty to the court

    4. 33.3.Content of expert's report

    5. 33.4.Service of expert evidence

    6. 33.5.Expert to be informed of service of report

    7. 33.6.Pre-hearing discussion of expert evidence

    8. 33.7.Court's power to direct that evidence is to be given by a single joint expert

    9. 33.8.Instructions to a single joint expert

    10. 33.9.Court's power to vary requirements under this Part

  35. PART 34 HEARSAY EVIDENCE

    1. 34.1.When this Part applies

    2. 34.2.Notice to introduce hearsay evidence

    3. 34.3.Opposing the introduction of hearsay evidence

    4. 34.4.Unopposed hearsay evidence

    5. 34.5.Court's power to vary requirements under this Part

  36. PART 35 EVIDENCE OF BAD CHARACTER

    1. 35.1.When this Part applies

    2. 35.2.Content of application or notice

    3. 35.3.Application to introduce evidence of a non-defendant's bad character

    4. 35.4.Notice to introduce evidence of a defendant's bad character

    5. 35.5.Reasons for decisions

    6. 35.6.Court's power to vary requirements under this Part

  37. PART 36 EVIDENCE OF A COMPLAINANT'S PREVIOUS SEXUAL BEHAVIOUR

    1. [Note: Section 41 of the Youth Justice and Criminal Evidence...

    2. See also— (a) section 42 of the 1999 Act ,...

    3. 36.1.When this Part applies

    4. 36.2.Application for permission to introduce evidence or cross-examine

    5. 36.3.Content of application

    6. 36.4.Service of application

    7. 36.5.Reply to application

    8. 36.6.Application for special measures

    9. 36.7.Court's power to vary requirements under this Part

  38. PART 37 TRIAL AND SENTENCE IN A MAGISTRATES' COURT

    1. [Note: Part 3 contains rules about case management that apply...

    2. 37.1.When this Part applies

    3. 37.2.General rules

    4. 37.3.Procedure on plea of not guilty

    5. 37.4.Evidence of a witness in person

    6. 37.5.Evidence by written statement

    7. 37.6.Evidence by admission

    8. 37.7.Procedure on plea of guilty

    9. 37.8.Written guilty plea: special rules

    10. 37.9.Application to withdraw a guilty plea

    11. 37.10.Procedure if the court convicts

    12. 37.11.Procedure where a party is absent

    13. 37.12.Provision of documents for the court

    14. 37.13.Place of trial

    15. 37.14.Duty of justices' legal adviser

    16. 37.15.Duty of court officer

  39. PART 38

    1. . . . . . . . . . ....

  40. PART 39 TRIAL ON INDICTMENT

    1. 39.1.Time limits for beginning of trials

    2. 39.2.Appeal against refusal to excuse from jury service or to defer attendance

    3. 39.3.Application to change a plea of guilty

  41. PART 40 TAINTED ACQUITTALS

    1. 40.1.Time of certification

    2. 40.2.Form of certification in the Crown Court

    3. 40.3.Service of a copy of the certification

    4. 40.4.Entry in register or records in relation to the conviction which occasioned certification

    5. 40.5.Entry in the register or records in relation to the acquittal

    6. 40.6.Display of copy certification form

    7. 40.7.Entry in the register or records in relation to decision of High Court

    8. 40.8.Display of copy of notice received from High Court

  42. PART 41 RETRIAL FOLLOWING ACQUITTAL FOR SERIOUS OFFENCE

    1. 41.1.Interpretation

    2. 41.2.Notice of a section 76 application

    3. 41.3.Response of the acquitted person

    4. 41.4.Examination of witnesses or evidence by the Court of Appeal

    5. 41.5.Bail or custody hearings in the Crown Court

    6. 41.6.Further provisions regarding bail and custody in the Crown Court

    7. 41.7.Bail or custody orders in the Court of Appeal

    8. 41.8.Application for restrictions on publication

    9. 41.9.Variation or revocation of restrictions on publication

    10. 41.10.Powers exercisable by a single judge of the Court of Appeal

    11. 41.11.Powers exercisable by the Registrar

    12. 41.12.Determination by full court

    13. 41.13.Notice of the determination of the application

    14. 41.14.Notice of application to set aside order for retrial

    15. 41.15.Leave to arraign

    16. 41.16.Abandonment of the application

  43. PART 42 SENTENCING PROCEDURES IN SPECIAL CASES

    1. [Note. See also— (a) Part 37, which contains rules about...

    2. 42.1.Reasons for deciding not to follow a guideline or make an order

    3. 42.2.Requirements of community sentence, etc.

    4. 42.3.Notification requirements

    5. 42.4.Variation of sentence

    6. 42.5.Application to vary or discharge a compensation order

    7. 42.6.Application to remove, revoke or suspend a disqualification or restriction

    8. 42.7.Application for a restitution order by the victim of a theft

    9. 42.8.Requests for medical reports, etc.

    10. 42.9.Information to be supplied on admission to hospital or guardianship

    11. 42.10.Information to be supplied on committal for sentence, etc.

  44. PART 43

    1. . . . . . . . . . ....

  45. PART 44 BREACH, REVOCATION AND AMENDMENT OF COMMUNITY AND OTHER ORDERS

    1. 44.1.When this Part applies

    2. 44.2.Application by responsible officer or supervisor

    3. 44.3.Application by defendant or person affected

    4. 44.4.Procedure on application by responsible officer or supervisor

  46. PART 45

    1. . . . . . . . . . ....

  47. PART 46

    1. . . . . . . . . . ....

  48. PART 47

    1. . . . . . . . . . ....

  49. PART 48

    1. . . . . . . . . . ....

  50. PART 49

    1. . . . . . . . . . ....

  51. PART 50 CIVIL BEHAVIOUR ORDERS AFTER VERDICT OR FINDING

    1. [Note. See Part 3 for the court's general powers to...

    2. 50.1.When this Part applies

    3. 50.2.Behaviour orders: general rules

    4. 50.3.Application for behaviour order: special rules

    5. 50.4.Evidence to assist the court: special rules

    6. 50.5.Application to vary or revoke behaviour order

    7. 50.6.Notice of hearsay evidence

    8. 50.7.Cross-examination of maker of hearsay statement

    9. 50.8.Credibility and consistency of maker of hearsay statement

    10. 50.9.Court's power to vary requirements under this Part

  52. PART 51

    1. . . . . . . . . . ....

  53. PART 52 ENFORCEMENT OF FINES AND OTHER ORDERS FOR PAYMENT

    1. [Note. Part 18 contains rules about warrants for arrest, detention...

    2. Part 37 contains rules about the procedure on sentencing in...

    3. Part 42 contains rules about the exercise of a magistrates'...

    4. 52.1.When this Part applies

    5. 52.2.Exercise of court's powers

    6. 52.3.Duty to give receipt

    7. 52.4.Appeal against decision of fines officer

    8. 52.5.Application to reduce a fine or vary payment terms

    9. 52.6.Claim to avoid fine after penalty notice

    10. 52.7.Information to be included in a warrant to take goods, etc.

    11. 52.8.Execution of a warrant to take goods, etc.

    12. 52.9.Sale of goods taken under a warrant

    13. 52.10.Financial penalties imposed in other European Union member States

  54. PART 53

    1. . . . . . . . . . ....

  55. PART 54

    1. . . . . . . . . . ....

  56. PART 55 ROAD TRAFFIC PENALTIES

    1. [Note. Part 37 contains rules about the general procedure on...

    2. 55.1.Application to remove a disqualification from driving

    3. 55.2.Information to be supplied on order for endorsement of driving record, etc.

    4. 55.3.Statutory declaration to avoid fine after fixed penalty notice

    5. 55.4.Application for declaration about a course or programme certificate decision

    6. 55.5.Appeal against recognition of foreign driving disqualification

  57. PART 56 CONFISCATION PROCEEDINGS UNDER THE CRIMINAL JUSTICE ACT 1988 AND THE DRUG TRAFFICKING ACT 1994

    1. 56.1.Statements, etc. relevant to making confiscation orders

    2. 56.2.Postponed determinations

    3. 56.3.Confiscation orders - revised assessments

    4. 56.4.Application to the Crown Court to discharge or vary order to make material available

    5. 56.5.Application to the Crown Court for increase in term of imprisonment in default of payment

    6. 56.6.Drug trafficking – compensation on acquittal in the Crown Court

  58. PART 57 PROCEEDS OF CRIME ACT 2002: RULES APPLICABLE TO ALL PROCEEDINGS

    1. 57.1.Interpretation

    2. 57.2.Calculation of time

    3. 57.3.Court office closed

    4. 57.4.Application for registration of Scottish or Northern Ireland order

    5. 57.5.Application to vary or set aside registration

    6. 57.6.Register of orders

    7. 57.7.Statements of truth

    8. 57.8.Use of witness statements for other purposes

    9. 57.9.Expert evidence

    10. 57.10.Exceptions to procedure for expert evidence

    11. 57.11.Service of documents

    12. 57.12.Service by an alternative method

    13. 57.13.Service outside the jurisdiction

    14. 57.14.Certificates of service

    15. 57.15.External requests and orders

  59. PART 58 PROCEEDS OF CRIME ACT 2002: RULES APPLICABLE ONLY TO CONFISCATION PROCEEDINGS

    1. 58.1.Statements in connection with confiscation orders

    2. 58.2.Postponement of confiscation proceedings

    3. 58.3.Application for reconsideration

    4. 58.4.Application for new calculation of available amount

    5. 58.5.Variation of confiscation order due to inadequacy of available amount

    6. 58.6.Application by magistrates' court officer to discharge confiscation order

    7. 58.7.Application for variation of confiscation order made against an absconder

    8. 58.8.Application for discharge of confiscation order made against an absconder

    9. 58.9.Application for increase in term of imprisonment in default

    10. 58.10.Compensation – general

    11. 58.11.Compensation – confiscation order made against absconder

    12. 58.12.Payment of money in bank or building society account in satisfaction of confiscation order

  60. PART 59 PROCEEDS OF CRIME ACT 2002: RULES APPLICABLE ONLY TO RESTRAINT PROCEEDINGS

    1. 59.1.Application for restraint order or ancillary order

    2. 59.2.Restraint and ancillary orders

    3. 59.3.Application for discharge or variation of restraint or ancillary order by a person affected by the order

    4. 59.4.Application for variation of restraint or ancillary order by the person who applied for the order

    5. 59.5.Application for discharge of restraint or ancillary order by the person who applied for the order

    6. 59.6.Application to punish for contempt of court

  61. PART 60 PROCEEDS OF CRIME ACT 2002: RULES APPLICABLE ONLY TO RECEIVERSHIP PROCEEDINGS

    1. 60.1.Application for appointment of a management or an enforcement receiver

    2. 60.2.Application for conferral of powers on a management receiver or an enforcement receiver

    3. 60.3.Applications for discharge or variation of receivership orders, and applications for other orders

    4. 60.4.Sums in the hands of receivers

    5. 60.5.Security

    6. 60.6.Remuneration

    7. 60.7.Accounts

    8. 60.8.Non-compliance by receiver

  62. PART 61 PROCEEDS OF CRIME ACT 2002: RULES APPLICABLE TO RESTRAINT AND RECEIVERSHIP PROCEEDINGS

    1. 61.1.Distress and forfeiture

    2. 61.2.Joining of applications

    3. 61.3.Applications to be dealt with in writing

    4. 61.4.Business in chambers

    5. 61.5.Power of court to control evidence

    6. 61.6.Evidence of witnesses

    7. 61.7.Witness summons

    8. 61.8.Hearsay evidence

    9. 61.9.Disclosure and inspection of documents

    10. 61.10.Court documents

    11. 61.11.Consent orders

    12. 61.12.Slips and omissions

    13. 61.13.Supply of documents from court records

    14. 61.14.Disclosure of documents in criminal proceedings

    15. 61.15.Preparation of documents

    16. 61.16.Change of solicitor

    17. 61.17.Application by solicitor for declaration that solicitor has ceased to act

    18. 61.18.Application by other party for declaration that solicitor has ceased to act

    19. 61.19.Order for costs

    20. 61.20.Assessment of costs

    21. 61.21.Time for complying with an order for costs

    22. 61.22.Application of costs rules

  63. PART 62 CONTEMPT OF COURT

    1. SECTION 1: GENERAL RULES

      1. 62.1.When this Part applies

      2. 62.2.Exercise of court's power to deal with contempt of court

      3. 62.3.Notice of suspension of imprisonment by Court of Appeal or Crown Court

      4. 62.4.Application to discharge an order for imprisonment

    2. SECTION 2: CONTEMPT OF COURT BY OBSTRUCTION, DISRUPTION, ETC.

      1. 62.5.Initial procedure on obstruction, disruption, etc.

      2. 62.6.Review after temporary detention

      3. 62.7.Postponement of enquiry

      4. 62.8.Procedure on enquiry

    3. SECTION 3: CONTEMPT OF COURT BY FAILURE TO COMPLY WITH COURT ORDER, ETC.

      1. 62.9.Initial procedure on failure to comply with court order, etc.

      2. 62.10.Procedure on hearing

      3. 62.11.Introduction of written witness statement or other hearsay

      4. 62.12.Content of written witness statement

      5. 62.13.Content of notice of other hearsay

      6. 62.14.Cross-examination of maker of written witness statement or other hearsay

      7. 62.15.Credibility and consistency of maker of written witness statement or other hearsay

      8. 62.16.Magistrates' courts' powers to adjourn, etc.

      9. 62.17.Court's power to vary requirements under Section 3

  64. PART 63 APPEAL TO THE CROWN COURT

    1. 63.1.When this Part applies

    2. 63.2.Service of appeal notice

    3. 63.3.Form of appeal notice

    4. 63.4.Duty of magistrates' court officer

    5. 63.5.Duty of person keeping exhibit

    6. 63.6.Reference by the Criminal Cases Review Commission

    7. 63.7.Hearings and decisions

    8. 63.8.Abandoning an appeal

    9. 63.9.Court's power to vary requirements under this Part

    10. 63.10.Constitution of the Crown Court

  65. PART 64 APPEAL TO THE HIGH COURT BY WAY OF CASE STATED

    1. 64.1.Application to a magistrates' court to state a case

    2. 64.2.Consideration of a draft case by a magistrates' court

    3. 64.3.Preparation and submission of final case to a magistrates' court

    4. 64.4.Extension of time limits by a magistrates' court

    5. 64.5.Content of case stated by a magistrates' court

    6. 64.6.Application to the Crown Court to state a case

  66. PART 65 APPEAL TO THE COURT OF APPEAL: GENERAL RULES

    1. 65.1.When this Part applies

    2. 65.2.Case management in the Court of Appeal

    3. 65.3.Power to vary requirements

    4. 65.4.Application for extension of time

    5. 65.5.Renewing an application refused by a judge or the Registrar

    6. 65.6.Hearings

    7. 65.7.Notice of hearings and decisions

    8. 65.8.Duty of Crown Court officer

    9. 65.9.Duty of person transcribing proceedings in the Crown Court

    10. 65.10.Duty of person keeping exhibit

    11. 65.11.Registrar's duty to provide copy documents for appeal or reference

    12. 65.12.Declaration of incompatibility with a Convention right

    13. 65.13.Abandoning an appeal

    14. 65.14.Abandoning a ground of appeal or opposition

  67. PART 66 APPEAL TO THE COURT OF APPEAL AGAINST RULING AT PREPARATORY HEARING

    1. 66.1.When this Part applies

    2. 66.2.Service of appeal notice

    3. 66.3.Form of appeal notice

    4. 66.4.Crown Court judge's permission to appeal

    5. 66.5.Respondent's notice

    6. 66.6.Powers of Court of Appeal judge

    7. 66.7.Renewing applications

    8. 66.8.Right to attend hearing

  68. PART 67 APPEAL TO THE COURT OF APPEAL AGAINST RULING ADVERSE TO PROSECUTION

    1. 67.1.When this Part applies

    2. 67.2.Decision to appeal

    3. 67.3.Service of appeal notice

    4. 67.4.Form of appeal notice

    5. 67.5.Crown Court judge's permission to appeal

    6. 67.6.Expediting an appeal

    7. 67.7.Respondent's notice

    8. 67.8.Public interest ruling

    9. 67.9.Powers of Court of Appeal judge

    10. 67.10.Renewing applications

    11. 67.11.Right to attend hearing

  69. PART 68 APPEAL TO THE COURT OF APPEAL ABOUT CONVICTION OR SENTENCE

    1. 68.1.When this Part applies

    2. 68.2.Service of appeal notice

    3. 68.3.Form of appeal notice

    4. 68.4.Crown Court judge's certificate that case is fit for appeal

    5. 68.5.Reference by Criminal Cases Review Commission

    6. 68.6.Respondent's notice

    7. 68.7.Adaptation of rules about introducing evidence

    8. 68.8.Application for bail pending appeal or retrial

    9. 68.9.Conditions of bail pending appeal or retrial

    10. 68.10.Forfeiture of a recognizance given as a condition of bail

    11. 68.11.Right to attend hearing

    12. 68.12.Power to vary determination of appeal against sentence

    13. 68.13.Directions about re-admission to hospital on dismissal of appeal

    14. 68.14.Renewal or setting aside of order for retrial

  70. PART 69 APPEAL TO THE COURT OF APPEAL REGARDING REPORTING OR PUBLIC ACCESS RESTRICTION

    1. 69.1.When this Part applies

    2. 69.2.Service of appeal notice

    3. 69.3.Form of appeal notice

    4. 69.4.Advance notice of appeal against order restricting public access

    5. 69.5.Duty of applicant for order restricting public access

    6. 69.6.Respondent's notice on appeal against reporting restriction

    7. 69.7.Renewing applications

    8. 69.8.Right to introduce evidence

    9. 69.9.Right to attend hearing

  71. PART 70 REFERENCE TO THE COURT OF APPEAL OF POINT OF LAW OR UNDULY LENIENT SENTENCING

    1. 70.1.When this Part applies

    2. 70.2.Service of notice of reference and application for permission

    3. 70.3.Form of notice of reference and application for permission

    4. 70.4.Registrar's notice to defendant

    5. 70.5.Respondent's notice

    6. 70.6.Variation or withdrawal of notice of reference or application for permission

    7. 70.7.Right to attend hearing

    8. 70.8.Anonymity of defendant on reference of point of law

  72. PART 71 APPEAL TO THE COURT OF APPEAL UNDER THE PROCEEDS OF CRIME ACT 2002: GENERAL RULES

    1. 71.1.Extension of time

    2. 71.2.Other applications

    3. 71.3.Examination of witness by court

    4. 71.4.Supply of documentary and other exhibits

    5. 71.5.Registrar's power to require information from court of trial

    6. 71.6.Hearing by single judge

    7. 71.7.Determination by full court

    8. 71.8.Notice of determination

    9. 71.9.Record of proceedings and transcripts

    10. 71.10.Appeal to the Supreme Court

  73. PART 72 APPEAL TO THE COURT OF APPEAL UNDER THE PROCEEDS OF CRIME ACT 2002: PROSECUTOR'S APPEAL REGARDING CONFISCATION

    1. 72.1.Notice of appeal

    2. 72.2.Respondent's notice

    3. 72.3.Amendment and abandonment of appeal

  74. PART 73 APPEAL TO THE COURT OF APPEAL UNDER POCA 2002: RESTRAINT OR RECEIVERSHIP ORDERS

    1. 73.1.Leave to appeal

    2. 73.2.Notice of appeal

    3. 73.3.Respondent's notice

    4. 73.4.Amendment and abandonment of appeal

    5. 73.5.Stay

    6. 73.6.Striking out appeal notices and setting aside or imposing conditions on leave to appeal

    7. 73.7.Hearing of appeals

  75. PART 74 APPEAL OR REFERENCE TO THE SUPREME COURT

    1. 74.1.When this Part applies

    2. 74.2.Application for permission or reference

    3. 74.3.Determination of detention pending appeal, etc.

    4. 74.4.Bail pending appeal

  76. PART 75 REQUEST TO THE EUROPEAN COURT FOR A PRELIMINARY RULING

    1. 75.1.When this Part applies

    2. 75.2.Preparation of request

    3. 75.3.Submission of request

    4. 75.4.Postponement of case pending request

  77. PART 76 COSTS

    1. SECTION 1: GENERAL

      1. 76.1.When this Part applies

      2. 76.2.Costs orders: general rules

      3. 76.3.Court's power to vary requirements under Sections 2, 3 and 4

    2. SECTION 2: COSTS OUT OF CENTRAL FUNDS

      1. 76.4.Costs out of central funds

    3. SECTION 3: PAYMENT OF COSTS BY ONE PARTY TO ANOTHER

      1. 76.5.Costs on conviction and sentence

      2. 76.6.Costs on appeal

      3. 76.7.Costs on an application

      4. 76.8.Costs resulting from unnecessary or improper act, etc.

    4. SECTION 4: OTHER COSTS ORDERS

      1. 76.9.Costs against a legal representative

      2. 76.10.Costs against a third party

    5. SECTION 5: ASSESSMENT OF COSTS

      1. 76.11.Assessment and re-assessment

      2. 76.12.Appeal to a costs judge

      3. 76.13.Appeal to a High Court judge

      4. 76.14.Application for an extension of time under Section 5

  78. GLOSSARY

    1. . . . . . . . . . ....

  79. Signature

  80. Explanatory Note

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