The Criminal Procedure Rules 2014

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. Representatives

4. PART 3 CASE MANAGEMENT

   1. GENERAL RULES

      1. 3.1. When this Part applies

      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. Court’s power to vary requirements under this Part

      9. 3.9. Case preparation and progression

      10. 3.10. Readiness for trial or appeal

      11. 3.11. Conduct of a trial or an appeal

      12. 3.12. Case management forms and records

   2. PREPARATION FOR TRIAL IN THE CROWN COURT

      1. 3.13. Pre-trial hearings: general rules

      2. 3.14. Preparatory hearing

      3. 3.15. Application for preparatory hearing

      4. 3.16. Application for non-jury trial containing information withheld from a defendant

      5. 3.17. Representations in response to application for preparatory hearing

      6. 3.18. Commencement of preparatory hearing

      7. 3.19. Defence trial advocate

      8. 3.20. Application to stay case for abuse of process

      9. 3.21. Application for joint or separate trials, etc.

      10. 3.22. Order for joint or separate trials, or amendment of the indictment

      11. 3.23. Application for indication of sentence

      12. 3.24. Arraigning the defendant on the indictment

      13. 3.25. Place of trial

      14. 3.26. Use of Welsh language at trial

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 by 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 cases

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

7. PART 6 INVESTIGATION ORDERS AND WARRANTS

   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. Documents served on the court officer

   3. SECTION 3: ORDERS UNDER THE TERRORISM ACT 2000

      1. 6.6. Application for an order under the Terrorism Act 2000

      2. 6.7. Content of application for a production etc. order

      3. 6.8. Content of application for an explanation order

      4. 6.9. Content of application for a customer information order

      5. 6.10. Content of application for an account monitoring order

      6. 6.11. Application to vary or discharge an order

      7. 6.12. Application containing information withheld from a respondent or other person

      8. 6.13. Application to punish for contempt of court

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

      1. 6.14. Application for an order under the Proceeds of Crime Act 2002

      2. 6.15. Content of application for a production order

      3. 6.16. Content of application for an order to grant entry

      4. 6.17. Content of application for a disclosure order

      5. 6.18. Content of application for a customer information order

      6. 6.19. Content of application for an account monitoring order

      7. 6.20. Application to vary or discharge an order

      8. 6.21. Application containing information withheld from a respondent or other person

      9. 6.22. Application to punish for contempt of court

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

      1. 6.23. Exercise of court’s powers

      2. 6.24. Application for an investigation anonymity order

      3. 6.25. Application to discharge an investigation anonymity order

      4. 6.26. Appeal

   6. SECTION 6: ORDERS UNDER THE REGULATION OF INVESTIGATORY POWERS ACT 2000

      1. 6.27. Application for approval for authorisation or notice

      2. 6.28. Exercise of court’s power to quash an authorisation or notice

   7. SECTION 7: SEARCH WARRANTS

      1. 6.29. Exercise of court’s powers

      2. 6.30. Application for warrant under section 8 of the Police and Criminal Evidence Act 1984

      3. 6.31. Application for warrant under section 2 of the Criminal Justice Act 1987

      4. 6.32. Application for warrant under another power to which sections 15 and 16 of the Police and Criminal Evidence Act 1984 apply

      5. 6.33. Information to be included in a warrant

   8. SECTION 8: ORDERS FOR THE RETENTION OF FINGERPRINTS, ETC.

      1. 6.34. Exercise of court’s powers

      2. 6.35. Application to extend retention period

      3. 6.36. 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

    1. 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

    2. 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

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

       1. 9.8. Adult defendant: request for plea

       2. 9.9. Adult defendant: guilty plea

       3. 9.10. Adult defendant: not guilty plea

       4. 9.11. Adult defendant: allocation for magistrates’ court trial

       5. 9.12. Adult defendant: prosecutor’s application for Crown Court trial

       6. 9.13. Young defendant

       7. 9.14. Allocation and sending for Crown Court trial

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

       1. 9.15. Service of prosecution evidence

       2. 9.16. Application to dismiss offence sent for Crown Court trial

11. PART 10 INITIAL DETAILS OF THE PROSECUTION CASE

    1. 10.1. When this Part applies

    2. 10.2. Providing initial details of the prosecution case

    3. 10.3. Content of initial details

12. PART 11

13. PART 12 DEFERRED PROSECUTION AGREEMENTS

    1. 12.1. When this Part applies

    2. 12.2. Exercise of court’s powers

    3. 12.3. Application to approve a proposal to enter an agreement

    4. 12.4. Application to approve the terms of an agreement

    5. 12.5. Application on breach of agreement

    6. 12.6. Application to approve a variation of the terms of an agreement

    7. 12.7. Application to lift suspension of prosecution

    8. 12.8. Notice to discontinue prosecution

    9. 12.9. Application to postpone the publication of information by the prosecutor

    10. 12.10. Duty of court officer, etc.

    11. 12.11. Court’s power to vary requirements under this Part

14. PART 13

15. PART 14 THE INDICTMENT

    1. 14.1. Service of indictment

    2. 14.2. Form and content of indictment

16. PART 15

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. SECTION 1: GENERAL RULES

       1. 17.1. When this Part applies

       2. 17.2. Meaning of ‘ magistrates’ court’, ‘presenting officer’ and ‘defendant’

    2. SECTION 2: EXTRADITION PROCEEDINGS IN A MAGISTRATES’ COURT

       1. 17.3. Exercise of magistrates’ court’s powers

       2. 17.4. Duty of magistrates’ court officer

    3. EXTRADITION UNDER PART 1 OF THE EXTRADITION ACT 2003

       1. 17.5. Preliminary hearing after arrest

       2. 17.6. Extradition hearing

       3. 17.7. Discharge where warrant withdrawn

    4. EXTRADITION UNDER PART 2 OF THE EXTRADITION ACT 2003

       1. 17.8. Issue of arrest warrant

       2. 17.9. Preliminary hearing after arrest

       3. 17.10. Issue of provisional arrest warrant

       4. 17.11. Preliminary hearing after provisional arrest

       5. 17.12. Arrangement of extradition hearing after provisional arrest

       6. 17.13. Extradition hearing

       7. 17.14. Discharge where extradition request withdrawn

    5. EVIDENCE AT EXTRADITION HEARING

       1. 17.15. Introduction of additional evidence

    6. DISCHARGE AFTER FAILURE TO COMPLY WITH A TIME LIMIT

       1. 17.16. Defendant’s application to be discharged

    7. SECTION 3: APPEAL TO THE HIGH COURT

       1. 17.17. Exercise of the High Court’s powers

       2. 17.18. Case management in the High Court

       3. 17.19. Service of appeal notice

       4. 17.20. Form of appeal notice

       5. 17.21. Respondent’s notice

       6. 17.22. Renewing an application for permission to appeal

       7. 17.23. Appeal hearing

       8. 17.24. Discontinuing an appeal

       9. 17.25. Application for permission to appeal to the Supreme Court

       10. 17.26. Determination of detention pending appeal to the Supreme Court against discharge

       11. 17.27. Reopening the determination of an appeal

       12. 17.28. Declaration of incompatibility with a Convention right

       13. 17.29. Duties of court officers

       14. 17.30. Constitution of the High Court

       15. 17.31. Payment of High Court fees

19. PART 18 WARRANTS FOR ARREST, DETENTION OR IMPRISONMENT

    1. 18.1. When this Part applies

    2. 18.2. Terms of a warrant for arrest

    3. 18.3. Terms of a warrant for detention or imprisonment

    4. 18.4. Information to be included in a warrant

    5. 18.5. Execution of a warrant

    6. 18.6. Warrants that cease to have effect on payment

    7. 18.7. Warrant issued when the court office is closed

20. PART 19 BAIL AND CUSTODY TIME LIMITS

    1. SECTION 1: GENERAL RULES

       1. 19.1. When this Part applies

       2. 19.2. Exercise of court’s powers to which this Part applies

       3. 19.3. Duty of justices’ legal adviser

       4. 19.4. General duties of court officer

    2. SECTION 2: BAIL

       1. 19.5. Prosecutor’s representations about bail

       2. 19.6. Reconsideration of police bail by magistrates’ court

       3. 19.7. Notice of application to consider bail

       4. 19.8. Defendant’s application or appeal to the Crown Court after magistrates’ court bail decision

       5. 19.9. Prosecutor’s appeal against grant of bail

       6. 19.10. Consideration of bail in a murder case

       7. 19.11. Condition of residence

       8. 19.12. Electronic monitoring requirements

       9. 19.13. Accommodation or support requirements

       10. 19.14. Requirement for a surety or payment, etc.

       11. 19.15. Forfeiture of a recognizance given by a surety

    3. SECTION 3: CUSTODY TIME LIMITS

       1. 19.16. Application to extend a custody time limit

       2. 19.17. Appeal against custody time limit decision

21. PART 20

22. PART 21

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

25. PART 24

26. PART 25

27. PART 26

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. 28.1. When this Part applies

    2. 28.2. Issue etc. of summons, warrant or order with or without a hearing

    3. 28.3. Application for summons, warrant or order: general rules

    4. 28.4. Written application: form and service

    5. 28.5. Application for summons to produce a document, etc.: special rules

    6. 28.6. Application for summons to produce a document, etc.: court’s assessment of relevance and confidentiality

    7. 28.7. Application to withdraw a summons, warrant or order

    8. 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. 29.8. Exercise of court’s powers

       2. 29.9. Special measures direction for a young witness

       3. 29.10. Content of application for a special measures direction

       4. 29.11. Application to vary or discharge a special measures direction

       5. 29.12. Application containing information withheld from another party

       6. 29.13. Representations in response

    4. SECTION 4: DEFENDANT’S EVIDENCE DIRECTIONS

       1. 29.14. Exercise of court’s powers

       2. 29.15. Content of application for a defendant’s evidence direction

       3. 29.16. Application to vary or discharge a defendant’s evidence direction

       4. 29.17. Representations in response

    5. SECTION 5: WITNESS ANONYMITY ORDERS

       1. 29.18. Exercise of court’s powers

       2. 29.19. Content and conduct of application for a witness anonymity order

       3. 29.20. Duty of court officer to notify the Director of Public Prosecutions

       4. 29.21. Application to vary or discharge a witness anonymity order

       5. 29.22. Representations in response

    6. SECTION 6: LIVE LINK DIRECTIONS

       1. 29.23. Exercise of court’s powers

       2. 29.24. Content of application for a live link direction

       3. 29.25. Application to discharge a live link direction

       4. 29.26. Representations in response

31. PART 30

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. 33.1. When this Part applies

    2. 33.2. Expert’s duty to the court

    3. 33.3. Introduction of expert evidence

    4. 33.4. Content of expert’s report

    5. 33.5. Expert to be informed of service of report

    6. 33.6. Pre-hearing discussion of expert evidence

    7. 33.7. Court’s power to direct that evidence is to be given by a single joint expert

    8. 33.8. Instructions to a single joint expert

    9. 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. 36.1. When this Part applies

    2. 36.2. Application for permission to introduce evidence or cross-examine

    3. 36.3. Content of application

    4. 36.4. Service of application

    5. 36.5. Reply to application

    6. 36.6. Application for special measures

    7. 36.7. Court’s power to vary requirements under this Part

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

    1. 37.1. When this Part applies

    2. 37.2. General rules

    3. 37.3. Procedure on plea of not guilty

    4. 37.4. Evidence of a witness in person

    5. 37.5. Evidence of a witness in writing

    6. 37.6. Evidence by admission

    7. 37.7. Procedure on plea of guilty

    8. 37.8. Written guilty plea: special rules

    9. 37.9. Application to withdraw a guilty plea

    10. 37.10. Procedure if the court convicts

    11. 37.11. Procedure where a party is absent

    12. 37.12. Provision of documents for the court

    13. 37.13. Place of trial

    14. 37.14. Duty of justices’ legal adviser

    15. 37.15. Duty of court officer

    16. 37.16. Statutory declaration of ignorance of proceedings

    17. 37.17. Setting aside a conviction or varying a costs etc. order

39. PART 38 TRIAL AND SENTENCE IN THE CROWN COURT

    1. 38.1. When this Part applies

    2. 38.2. General powers and requirements

    3. 38.3. Application for ruling on procedure, evidence or other question of law

    4. 38.4. Procedure on plea of guilty

    5. 38.5. Application to vacate a guilty plea

    6. 38.6. Selecting the jury

    7. 38.7. Discharging jurors

    8. 38.8. Objecting to jurors

    9. 38.9. Procedure on plea of not guilty

    10. 38.10. Defendant unfit to plead

    11. 38.11. Evidence of a witness in person

    12. 38.12. Evidence of a witness in writing

    13. 38.13. Evidence by admission

    14. 38.14. Summing up the case to the jury and taking the verdict

    15. 38.15. Conviction or acquittal without a jury

    16. 38.16. Procedure if the court convicts

    17. 38.17. Provision of documents for the court

    18. 38.18. Duty of court officer

40. PART 39 JURORS

    1. 39.1. Appeal against officer’s refusal to excuse or postpone jury service

    2. 39.2. Excusal from jury service by court

    3. 39.3. Provision of information for jurors

    4. 39.4. Assessment of juror’s availability for long trial, etc.

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. 42.1. Reasons for not following usual sentencing requirements

    2. 42.2. Notice of requirements of suspended sentence and community, etc. orders

    3. 42.3. Notification requirements

    4. 42.4. Variation of sentence

    5. 42.5. Application to vary or discharge a compensation order

    6. 42.6. Application to remove, revoke or suspend a disqualification or restriction

    7. 42.7. Application for a restitution order by the victim of a theft

    8. 42.8. Requests for medical reports, etc.

    9. 42.9. Information to be supplied on admission to hospital or guardianship

    10. 42.10. Information to be supplied on committal for sentence, etc.

    11. 42.11. Application to review sentence because of assistance given or withheld

44. PART 43

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

47. PART 46

48. PART 47

49. PART 48

50. PART 49

51. PART 50 CIVIL BEHAVIOUR ORDERS AFTER VERDICT OR FINDING

    1. 50.1. When this Part applies

    2. 50.2. Behaviour orders: general rules

    3. 50.3. Application for behaviour order and notice of terms of proposed order: special rules

    4. 50.4. Evidence to assist the court: special rules

    5. 50.5. Application to vary or revoke behaviour order

    6. 50.6. Notice of hearsay evidence

    7. 50.7. Cross-examination of maker of hearsay statement

    8. 50.8. Credibility and consistency of maker of hearsay statement

    9. 50.9. Court’s power to vary requirements under this Part

52. PART 51

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

    1. 52.1. When this Part applies

    2. 52.2. Exercise of court’s powers

    3. 52.3. Duty to give receipt

    4. 52.4. Appeal against decision of fines officer

    5. 52.5. Application to reduce a fine or vary payment terms

    6. 52.6. Claim to avoid fine after penalty notice

    7. 52.7. Information to be included in a warrant to take goods, etc.

    8. 52.8. Execution of a warrant to take goods, etc.

    9. 52.9. Sale of goods taken under a warrant

    10. 52.10. Financial penalties imposed in other European Union member States

54. PART 53

55. PART 54

56. PART 55 ROAD TRAFFIC PENALTIES

    1. 55.1. Application to remove a disqualification from driving

    2. 55.2. Information to be supplied on order for endorsement of driving record, etc.

    3. 55.3. Statutory declaration to avoid fine after fixed penalty notice

    4. 55.4. Application for declaration about a course or programme certificate decision

    5. 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 outside the jurisdiction

    13. 57.13. Certificates of service

    14. 57.14. 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 CASE STATED

    1. 64.1. When this Part applies

    2. 64.2. Application to state a case

    3. 64.3. Preparation of case stated

    4. 64.4. Duty of justices’ legal adviser

    5. 64.5. Court’s power to vary requirements under this Part

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

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, etc.

       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. Signature

79. Explanatory Note