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The Criminal Procedure (Amendment) Rules 2012
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- UK Statutory Instruments
- 2012 No. 3089 (L. 12)
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules make the following amendments to The Criminal Procedure Rules 2012, S.I. 2012/1726:
| Rule | Amendment |
|---|---|
| Part 2 | Rule 2.4 is amended to make clear who may initiate proceedings on a prosecutor’s behalf, and who may speak and act for a company. |
| Part 3 | Rule 3.8 is amended to require the court to take every reasonable step to facilitate the participation at trial of all those involved, including the defendant. |
| Parts 18 and 19 | Rules 18.3, 18.4 and 19.2 are amended to take account of new statutory provisions for the remand of young defendants otherwise than on bail. |
| Part 21 | Rule 21.2 is amended to provide for service of initial details of the prosecution case in response to a defendant’s request. |
| Part 37 | Rule 37.10 is amended to provide for the supply to the court of particular information relevant to sentence; and to relieve the court of the obligation to explain its sentence if neither the defendant nor any member of the public is present. Rules 37.12 and 37.14 are amended to specify the documents and information that must be supplied to the magistrates due to conduct a trial. |
| Part 42 | Rule 42.1 is amended to refer to the explanation of sentence required where a reduced sentence is passed because of assistance given or offered by the defendant. Rule 42.11 is added to provide for an application to review a sentence in consequence of such assistance. |
| Part 61 | Rule 61.16 is amended in consequence of the new legal aid regime created by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. |
| Part 76 | Rules 76.1, 76.2 and 76.5, and paragraphs (6), (7) and (8) of rule 76.4, are amended in consequence of the new provisions for defendants’ costs orders made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Rules 76.4(2), 76.6, 76.8, 76.9 and 76.10 are amended in consequence of the new legal aid regime created by that Act. |
The notes to rules 7.2, 62.5 and 74.3 are amended to bring up to date the legislative and cross-references they contain.
The Glossary to the Criminal Procedure Rules is amended in consequence of the new legal aid regime created by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
These Rules come into force on 1st April 2013.
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