EXPLANATORY NOTE

(This note is not part of the Rules)

The Criminal Procedure Rules 2011 consolidate The Criminal Procedure Rules 2010, S.I. 2010/60, with the amendments made by S.I. 2010/1921 and 2010/3026. The new Rules incorporate the further amendments listed beneath. Otherwise, they reproduce the rules that they supersede.

RuleAmendment
Part 2Rule 2.1(3) is amended, to provide for the transition to these new rules. Rule 2.2(1) is amended to include a definition of the expression ‘Registrar’.
Part 3Rule 3.5(2)(e) is amended, to provide for the giving of directions in public or in private, or without a hearing. Rule 3.11(3) is added, to provide generally for the giving of notice of hearings.
Part 4Rules 4.2, 4.3, 4.5, 4.6, 4.10 and 4.12 are amended to make new provision for the electronic service of documents and for consistency of expression. The title of rule 4.6 is changed, and the table of contents is amended correspondingly.
Part 5The Part is replaced.
Part 10Rule 10.5(1)(c) is amended to omit references to legislation now repealed.
Part 15The Part is replaced.
Part 16The Part is replaced.
Part 19Rule 19.17(12) is added, to allow for a hearing in public or in private. Rule 19.18(1) is amended to enlarge the scope of the rule; the title of the rule is changed; and rule 19.18(10) is added, to allow for a hearing in public or in private. The table of contents is amended correspondingly.
Part 20Rule 20.2 is added, to allow for a hearing in public or in private. The table of contents is amended correspondingly.
Part 29The time limit in rule 29.3(a) is changed. Rule 29.13(4) is amended, to refer to the statutory ground of objection to admitting video recorded evidence.
Part 34The time limit in rule 34.2(3) is changed.
Part 35The time limit in rule 35.4(3) is changed.
Part 52Rule 52.1(1)(a) is amended, for consistency of expression. Rule 52.10 is added, to provide for the enforcement of financial penalties imposed in other European Union member States. The table of contents is amended correspondingly.
Part 57Rule 57.15(1) is amended to enlarge the scope of the rule.
Part 59Rules 59.1 and 59.4 are amended to provide for separate applications for restraint and ancillary orders. The other rules in the Part, and the table of contents, are amended correspondingly.
Part 60Rule 60.1(3)(d) is amended, for consistency of expression. Rule 60.2(3) is amended to require further details of an application under that rule.
Part 64Rule 64.6(16) is added, to allow for the settling of a case stated without a hearing.
Part 65Rules 65.1(2), 65.8 and 65.9 are amended in consequence of the new rules in Part 5.
Part 68Rule 68.1(1)(a) is amended, to include a reference to section 274(3) of the Criminal Justice Act 2003. The time limits in rules 68.2(2) and 68.6(4) are changed.
Part 76Rules 76.1(1) and 76.7(1)(b) are amended, to include references to section 4 of the Dangerous Dogs Act 1991.

Amendments to notes to rules. The notes about disclosure, at the end of Part 22, the notes about eligibility for a special measures direction, at the end of Part 29, and the notes to rules 7.2, 19.11, 29.9, 32.9, 37.1, 40.4, 40.5, 40.7, 65.8, 65.9, 68.1, 68.3 and 76.1, all are amended to bring up to date the cross-references they contain.

These Rules come into force on 3rd October 2011.