The Criminal Procedure (Amendment No. 2) Rules 2010

Amendments to the Criminal Procedure Rules 2010

6.  In Part 22 (Disclosure)—

(a) for rule 22.4 (Defence disclosure), and the note to that rule, substitute—

“22.4.— (1) This rule applies where—

(a) under section 5(1) or 6 of the Criminal Procedure and Investigations Act 1996(2), the defendant gives a defence statement;

(b) under section 6C of the 1996 Act(3), the defendant gives a defence witness notice.

(2) The defendant must serve such a statement or notice on—

(a) the court officer; and

(b) the prosecutor.

[Note. The Practice Direction sets out forms of—

(a) defence statement; and

(b) defence witness notice.

Under section 5 of the 1996 Act, in the Crown Court the defendant must give a defence statement. Under section 6 of the Act, in a magistrates’ court the defendant may give such a statement but need not do so.

• Under section 6C of the 1996 Act, in the Crown Court and in magistrates’ courts the defendant must give a defence witness notice indicating whether he or she intends to call any witnesses (other than him or herself) and, if so, identifying them.]”;

(b) for rule 22.8 (Unauthorised use of disclosed material), substitute—

“22.8.— (1) This rule applies where a person is accused of using disclosed prosecution material in contravention of section 17 of the Criminal Procedure and Investigations Act 1996(4).

(2) A party who wants the court to exercise its power to punish that person for contempt of court must comply with the rules in Part 62 (Contempt of court).

(3) The court must not exercise its power to forfeit material used in contempt of court unless—

(a) the prosecutor; and

(b) any other person directly affected by the disclosure of the material,

is present, or has had at least 14 days in which to make representations.”;

(c) in the note to rule 22.8 (Unauthorised use of disclosed material), omit the final paragraph;

(d) in rule 22.9 (Court’s power to vary requirements under this Part), in paragraph (b), after ‘defence statement’, insert ‘, or a defence witness notice,’; and

(e) in the ‘Summary of disclosure requirements of Criminal Procedure and Investigations Act 1996’ at the end of Part 22 (Disclosure), in the section headed ‘Defence disclosure’—

(i) for the first paragraph substitute—

“Under section 5 of the 1996 Act, in the Crown Court the defendant must give a defence statement. Under section 6 of the Act, in a magistrates’ court the defendant may give such a statement but need not do so.

Under section 6C of the 1996 Act, in the Crown Court and in magistrates’ courts the defendant must give a defence witness notice indicating whether he or she intends to call any witnesses (other than him or herself) and, if so, identifying them.”,

(ii) for the last two paragraphs, beginning ‘Under section 11 of the 1996 Act(5),’ substitute—

“The time for service of a defence witness notice is prescribed by section 12 of the 1996 Act(6) and by the Criminal Procedure and Investigations Act 1996 (Notification of Intention to Call Defence Witnesses) (Time Limits) Regulations 2010(7). It is not more than 14 days after the prosecutor discloses material under section 3 of the 1996 Act(8), or serves notice that there is no such material to disclose.

A defence witness notice that identifies any proposed defence witness (other than the defendant) must—

(a) give the name, address and date of birth of each such witness, or as many of those details as are known to the defendant when the notice is given;

(b) provide any information in the defendant’s possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned in paragraph (a) are not known to the defendant when the notice is given; and

(c) amend any earlier such notice, if the defendant—

(i) decides to call a person not included in an earlier notice as a proposed witness,

(ii) decides not to call a person so included, or

(iii) discovers any information which the defendant would have had to include in an earlier notice, if then aware of it.

Under section 11 of the 1996 Act, if a defendant—

(a) fails to disclose what the Act requires;

(b) fails to do so within the time prescribed;

(c) at trial, relies on a defence, or facts, not mentioned in the defence statement;

(d) at trial, introduces alibi evidence without having given in the defence statement—

(i) particulars of the alibi, or

(ii) the details of the alibi witness, or witnesses, required by the Act; or

(e) at trial, calls a witness not identified in a defence witness notice,

then the court or another party at trial may comment on that, and the court may draw such inferences as appear proper in deciding whether the defendant is guilty.

Under section 6E(2) of the 1996 Act(9), if before trial in the Crown Court it seems to the court that section 11 may apply, then the court must warn the defendant.”.

(1)

1996 c. 25; section 5 was amended by sections 331 and 332 of, and paragraphs 20 and 23 of Schedule 36 and Part 3 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44). It was further amended by section 119 of, and paragraph 126 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37) and sections 33 and 41 of, and paragraph 66 of Schedule 3 and Part 3 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) in respect of certain proceedings only. It is further amended by sections 33, 41, and 332 of, and paragraph 66 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

(2)

1996 c. 25; section 6(3) was repealed by paragraphs 20 and 24 of Schedule 36 and Part 3 of Schedule 37 to the Criminal Justice Act 2003 (c. 44).) For transitional provisions and savings, see paragraph (2) of Schedule 2 to S.I. 2005/950.

(3)

1996 c. 25; section 6C was inserted by section 34 of the Criminal Justice Act 2003 (c. 44).

(4)

1996 c. 25; section 17 was amended by section 331 of, and paragraphs 20 and 33 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).

(5)

1996 c. 25; section 11 was substituted by section 39 of the Criminal Justice Act 2003 (c. 44) and amended by section 60(2) of the Criminal Justice and Immigration Act 2008 (c. 4).

(6)

1996 c. 25; section 12 was amended by sections 331 of, and paragraphs 20 and 28 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).

(7)

S.I. 2010/214.

(8)

1996 c. 25; section 3 was amended by section 82 of, and paragraph 7 of Schedule 4 to, the Regulation of Investigatory Powers Act 2000 (c. 23) and section 32 and section 331 of, and paragraphs 20 and 21 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).

(9)

1996 c. 25; section 6E was inserted by section 36 of the Criminal Justice Act 2003 (c. 44).