The Criminal Procedure (Amendment No. 2) Rules 2022

Amendments to the Criminal Procedure Rules

4.  In Part 2 (Understanding and applying the rules, and powers of authorised court officers)—

(a) for the heading to the Part substitute “Understanding and applying the rules; Powers of court officers”;

(b) in rule 2.1 (When the Rules apply)—

(i) omit paragraphs (4), (5) and (6), and

(ii) omit the second paragraph of the note to the rule;

(c) in rule 2.2 (Definitions)—

(i) in paragraph (1), for the definition of live link substitute—

“‘live link’ means a live audio link or a live video link and:

(i)

‘live audio link’ means a live telephone link or other arrangement by which a person taking part in a hearing can hear, and be heard by, everyone else who is taking part and who is not in the same place as that person,

(ii)

‘live video link’ means a live television link or other arrangement by which a person taking part in a hearing can see and hear, and be seen and heard by, everyone else who is taking part and who is not in the same place as that person;

‘live link direction’ means a direction that requires or permits a person to take part through a live audio link or a live video link in the proceedings listed in section 51(3) of the Criminal Justice Act 2003(1);”, and

(ii) in paragraph (2), for “Definitions” substitute “Special definitions and definitions”;

(d) in rule 2.7 (Exercise of functions of the Crown Court), for paragraph (2)(b) substitute—

“(b) give a live link direction under section 51 of the Criminal Justice Act 2003 for the participation of a defendant in custody in a preliminary hearing, a sentencing hearing or an enforcement hearing; and”;

(e) in rule 2.8 (Exercise of functions of a magistrates’ court), for paragraph (4)(b) substitute—

“(b) giving, varying or revoking a live link direction under sections 51 and 52 of the Criminal Justice Act 2003(2) for the participation of a defendant in custody in a preliminary hearing, a sentencing hearing or an enforcement hearing;”; and

(f) after rule 2.10 (Court’s power to extend time under rule 2.6 or rule 2.7) insert—

“POWERS OF COURT OFFICERS TO TAKE STATUTORY DECLARATIONS

Taking of statutory declarations by court officers

2.11.— (1) This rule applies to a statutory declaration required by―

(a) rule 29.4 (Statutory declaration to avoid fine after fixed penalty notice); or

(b) rule 44.2 (Statutory declaration of ignorance of proceedings).

(2) A court officer may take a statutory declaration to which this rule applies if that officer is—

(a) a justices’ legal adviser;

(b) nominated for the purpose by a justices’ legal adviser; or

(c) authorised to exercise the function to which rule 2.8(2)(m) refers (extending time for the service of a statutory declaration).

[Note. Section 2 of the Commissioners for Oaths Act 1889(3) allows rules that regulate the procedure of a court to authorise the taking of a statutory declaration by an officer of that court.]”; and

(g) amend the table of contents correspondingly.

(1)

2003 c. 44; section 51 was substituted by section 200 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

(2)

2003 c. 44; section 52 was substituted by paragraph 1 of Schedule 20 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

(3)

1889 c. 10; section 2 was amended by section 59 of, and paragraph 15 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).