The Criminal Procedure Rules 2012

SECTION 1: GENERAL RULES

When this Part applies

16.1.—(1) This Part applies where the court can—

(a) impose a restriction on—

(i) reporting what takes place at a public hearing, or

(ii) public access to what otherwise would be a public hearing;

(b) vary or remove a reporting or access restriction that is imposed by legislation;

(c) withhold information from the public during a public hearing;

(d) order a trial in private;

(e) allow there to take place during a hearing—

(i) sound recording, or

(ii) communication by electronic means.

(2) This Part does not apply to arrangements required by legislation, or directed by the court, in connection with—

(a) sound recording during a hearing, or the transcription of such a recording; or

(b) measures to assist a witness or defendant to give evidence.

[Note. The court can impose reporting restrictions under—

(a) section 39 of the Children and Young Persons Act 1933(1) (identity of a person under 18);

(b) section 4(2) of the Contempt of Court Act 1981(2) (postponed report of public hearing);

(c) section 11 of the Contempt of Court Act 1981 (matter withheld from the public during a public hearing);

(d) section 58 of the Criminal Procedure and Investigations Act 1996(3) (postponed report of derogatory assertion in mitigation);

(e) section 46 of the Youth Justice and Criminal Evidence Act 1999(4)(identity of a vulnerable adult witness);

(f) section 82 of the Criminal Justice Act 2003(5) (order for retrial after acquittal); or

(g) section 75 of the Serious Organised Crime and Police Act 2005(6) (identity of a defendant who assisted the police).

There are reporting restrictions imposed by legislation that the court can vary or remove, under—

(a) section 49 of the Children and Young Persons Act 1933(7) (youth court proceedings);

(b) section 8 of the Magistrates’ Courts Act 1980(8) (committal for trial proceedings);

(c) section 8C of the Magistrates’ Courts Act 1980(9) (pre-trial ruling in magistrates’ courts);

(d) section 11 of the Criminal Justice Act 1987(10) (preparatory hearing in the Crown Court);

(e) paragraph 6 of Schedule 6 to the Criminal Justice Act 1991(11) (transfer for trial proceedings);

(f) section 1 of the Sexual Offences (Amendment) Act 1992(12) (identity of complainant of sexual offence);

(g) section 37 of the Criminal Procedure and Investigations Act 1996(13) (preparatory hearing in the Crown Court);

(h) section 41 of the Criminal Procedure and Investigations Act 1996(14) (pre-trial ruling in the Crown Court);

(i) section 52A of, and paragraph 3 of Schedule 3 to, the Crime and Disorder Act 1998(15) (allocation and sending for trial proceedings);

(j) section 47 of the Youth Justice and Criminal Evidence Act 1999(16) (special measures direction);

(k) section 141F of the Education Act 2002(17) (restrictions on reporting alleged offences by teachers); and

(l) section 71 of the Criminal Justice Act 2003(18) (prosecution appeal against Crown Court ruling).

There are reporting restrictions imposed by legislation that the court has no power to vary or remove, under—

(a) section 1 of the Judicial Proceedings (Regulation of Reports) Act 1926(19) (indecent or medical matter);

(b) section 2 of the Contempt of Court Act 1981(20) (risk of impeding or prejudicing active proceedings).

Access to a youth court is restricted under section 47 of the Children and Young Persons Act 1933(21). See also rule 37.2.

The court can restrict access to the courtroom under—

(a) section 8(4) of the Official Secrets Act 1920(22), during proceedings for an offence under the Official Secrets Acts 1911 and 1920;

(b) section 37 of the Children and Young Persons Act 1933(23), where the court receives evidence from a person under 18;

(c) section 75 of the Serious Organised Crime and Police Act 2005(24), where the court reviews a sentence passed on a defendant who assisted an investigation.

The court has an inherent power, in exceptional circumstances—

(a) to allow information, for example a name or address, to be withheld from the public at a public hearing;

(b) to restrict public access to what otherwise would be a public hearing, for example to control disorder;

(c) to hear a trial in private, for example for reasons of national security.

Under section 9(1) of the Contempt of Court Act 1981(25), it is a contempt of court without the court’s permission to—

(a) use in court, or bring into court for use, a device for recording sound;

(b) publish a recording of legal proceedings made by means of such a device; or

(c) use any such recording in contravention of any condition on which permission was granted.

The court has no power to allow photography. Under section 41 of the Criminal Justice Act 1925(26), it is an offence to take or attempt to take a photograph, or with a view to publication to make or attempt to make a portrait or sketch, of any judge, juror, witness or party, in the courtroom, or in the building or in the precincts of the building in which the court is held, or while that person is entering or leaving the courtroom, building or precincts; or to publish such a photograph, portrait or sketch.

By reason of sections 15 and 45 of the Senior Courts Act 1981(27), the Court of Appeal and the Crown Court each has an inherent power to deal with a person for contempt of court for disrupting the proceedings. Under section 12 of the Contempt of Court Act 1981(28), a magistrates’ court has a similar power.

See also—

(a) rule 5.5, under which the court officer must make arrangements for recording proceedings in the Crown Court;

(b) Part 29, which applies to live links and other measures to assist a witness or defendant to give evidence;

(c) Part 62, which contains rules about contempt of court; and

(d) rule 76.10, which applies to costs orders against a non-party for serious misconduct.]

Exercise of court’s powers to which this Part applies

16.2.—(1) When exercising a power to which this Part applies, as well as furthering the overriding objective, in accordance with rule 1.3, the court must have regard to the importance of—

(a) dealing with criminal cases in public; and

(b) allowing a public hearing to be reported to the public.

(2) The court may determine an application or appeal under this Part—

(a) at a hearing, in public or in private; or

(b) without a hearing.

(3) But the court must not exercise a power to which this Part applies unless each party and any other person directly affected—

(a) is present; or

(b) has had an opportunity—

(i) to attend, or

(ii) to make representations.

[Note. See also section 121 of the Magistrates’ Courts Act 1980(29) and rule 37.2.]

Court’s power to vary requirements under this Part

16.3.—(1) The court may—

(a) shorten or extend (even after it has expired) a time limit under this Part;

(b) require an application to be made in writing instead of orally;

(c) consider an application or representations made orally instead of in writing;

(d) dispense with a requirement to—

(i) give notice, or

(ii) serve a written application.

(2) Someone who wants an extension of time must—

(a) apply when making the application or representations for which it is needed; and

(b) explain the delay.

(1)

1933 c. 12; section 39 was amended by sections 57 and 64 of, and Schedule 5 to, the Children and Young Persons Act 1963 (c. 37), sections 37 and 39 of, and Schedule 3 to, the Criminal Justice Act 1982 (c. 48) and it is amended by section 48 of, and paragraphs 1 and 2 of Schedule 2 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23); and section 25 of, and paragraph 3 of Schedule 3 to, the Children, Schools and Families Act 2010 (c. 26), with effect from a date to be appointed.

(2)

1981 c. 49.

(3)

1996 c. 25.

(4)

1999 c. 23.

(5)

2003 c. 44.

(6)

2005 c. 15.

(7)

1933 c. 12; section 49 was amended by section 49 of the Criminal Justice and Public Order Act 1994 (c. 33), section 45 of the Crime (Sentences) Act 1997 (c. 43), section 119 of, and paragraph 1 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), section 165 of, and paragraph 2 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 304 of, and paragraph 2 of Schedule 32 to, the Criminal Justice Act 2003 (c. 44) and sections 208 and 210 of, and paragraphs 15 and 19 of Schedule 21, and Schedule 23 to, the Legal Services Act 2007 (c. 29). It is amended by section 48 of, and paragraphs 1 and 3 of Schedule 2 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23), section 74 of, and paragraph 5 of Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c. 43), sections 208 and 210 of, and paragraphs 15 and 19 of Schedule 21 and Schedule 23, to the Legal Services Act 2007 (c. 29) and sections 6 and 149 of, and paragraphs 1, 3 and 100 of Schedule 4 and Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4), with effect from dates to be appointed.

(8)

1980 c. 43; section 8 was amended by section 1 of the Criminal Justice (Amendment) Act 1981 (c. 27), section 4(4) of the Contempt of Court Act 1981 (c. 49), sections 38 and 46 of the Criminal Justice Act 1982 (c. 48), paragraph 37 of Schedule 5 to the Cable and Broadcasting Act 1984 (c. 46), paragraph 29 of Schedule 20 to the Broadcasting Act 1990 (c. 42), paragraph 25 of Schedule 18 to the Courts and Legal Services Act 1990 (c. 41) and paragraphs 15 and 16 of Schedule 4 to the Access to Justice Act 1999 (c. 22). It is further amended by paragraphs 12 and 13 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed. It is repealed by paragraph 51 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed.

(9)

1980 c. 43; section 8C was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39). It is amended by paragraphs 12 and 15 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.

(10)

1987 c. 38; section 11 was amended by paragraphs 1 and 6 of Schedule 3 to the Criminal Procedure and Investigations Act 1996 (c. 25), section 24 of, and paragraphs 38 and 40 of Schedule 4 to, the Access to Justice Act 1999 (c. 22), section 311 of the Criminal Justice Act 2003 (c. 44) and section 40(4) of, and paragraph 46 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4). It is further amended by paragraph 58 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed and by paragraphs 34 and 36 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.

(11)

1991 c. 53; Schedule 6 is repealed by Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed.

(12)

1992 c. 34; section 1 was amended by section 48 of, and paragraphs 6 and 7 of Schedule 2 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23).

(13)

1996 c. 25; section 37 was amended by section 24 of, and paragraph 49 of Schedule 4 to, the Access to Justice Act 1999 (c. 22), section 311 of the Criminal Justice Act 2003 (c. 44) and section 40(4) of, and paragraph 61 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4).

(14)

1996 c. 25; section 41 was amended by section 311 of the Criminal Justice Act 2003 (c. 44).

(15)

1998 c. 37; section 52A was inserted by paragraphs 15 and 19 of Schedule 3 to the Criminal Justice Act 2003 (c. 44). It is amended by paragraphs 46 and 47 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed. Paragraph 3 of Schedule 3 was amended by section 24 of, and paragraphs 53 and 55 of Schedule 4 to, the Access to Justice Act 1999 (c. 22). It is further amended by paragraphs 68 and 71 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed and by paragraphs 46 and 50 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.

(16)

1999 c. 23; section 47 was amended by section 52 of, and paragraph 37 of Schedule 14 to, the Police and Justice Act 2006 (c. 48).

(17)

2002 c. 32; section 141F is inserted by section 13 of the Education Act 2011 (c. 21), with effect from a date to be appointed.

(18)

2003 c. 44; section 71 was amended by section 40(4) of, and paragraph 82 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4). It is further amended by paragraph 65 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.

(19)

1926 c. 61; section 1 was amended by sections 38 and 46 of the Criminal Justice Act 1982 (c. 48) and paragraph 8 of Schedule 27 to the Civil Partnership Act 2004 (c. 33), and is amended by paragraph 2 of Schedule 8 to the Family Law Act 1996 (c. 27) and by paragraph 7 of Schedule 26 to the Criminal Justice Act 2003 (c. 44), with effect from dates to be appointed.

(20)

1981 c. 49; section 2 was amended by paragraph 31 of Schedule 20 to the Broadcasting Act 1990 (c. 42).

(21)

1933 c. 12; section 47 was amended by Parts II and III of Schedule 7 to the Justices of the Peace Act 1949 (c. 101), paragraph 40 of Schedule 11 to the Criminal Justice Act 1991 (c. 53), sections 47(7) and 120(2) of, and Schedule 10 to, the Crime and Disorder Act 1998 (c. 37) and paragraphs 15 and 18 of Schedule 21 to the Legal Services Act 2007 (c. 29). It is further amended by paragraph 2 of Schedule 4 to the Youth Justice and Criminal Evidence Act 1999 (c. 23), with effect from a date to be appointed.

(22)

1920 c. 75; section 8 was amended by section 32 of the Magistrates’ Courts Act 1980 (c. 43).

(23)

1933 c. 12; section 37 was amended by paragraphs 15 and 16 of Schedule 21 to the Legal Services Act 2007 (c. 29) and is further amended by paragraph 2 of Schedule 4 to the Youth Justice and Criminal Evidence Act 1999 (c. 23), with effect from a date to be appointed.

(24)

2005 c. 15.

(25)

1981 c. 49.

(26)

1925 c. 86; section 41 was amended by section 56(4) of, and Part IV of Schedule 11 to, the Courts At 1971 (c. 23), sections 38 and 46 of the Criminal Justice Act 1982 (c. 48) and section 47 of the Constitutional Reform Act 2005 (c. 4).

(27)

1981 c. 54.

(28)

1981 c. 49; section 12 was amended by section 78 of, and Schedule 16 to, the Criminal Justice Act 1982 (c. 48), section 17(3) of, and Part I of Schedule 4 to, the Criminal Justice Act 1991 (c. 53); section 65(3) and (4) of, and paragraph 6(4) of Schedule 3 to, the Criminal Justice Act 1993 (c. 36) and section 165 of, and paragraph 83 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

(29)

1980 c. 43; section 121 was amended by section 61 of the Criminal Justice Act 1988 (c. 33), section 92 of, and paragraph 8 of Schedule 11 to, the Children Act 1989 (c. 41), section 109 of, and paragraph 237 of Schedule 8 and Schedule 10 to, the Courts Act 2003 (c. 39).